The mum of a young woman who died in custody says the family now faces having to pay thousands of pounds to have a voice during a probe into her death.
Linda Allan and husband Stuart may have to withdraw from a Fatal Accident Inquiry into the death of their daughter Katie despite five years of tirelessly campaigning for answers.
The 21-year-old university student tragically took her own life at Polmont Young Offenders Institution in June 2018 while serving a sentence for a driving offence.
A full probe examining the circumstances of her death will be held in January next year following a preliminary hearing at Falkirk Sheriff Court yesterday.
But their request for funding from the Scottish Legal Aid Board has now been denied while an “army of lawyers is paid to represent prison officers, ministers, health trusts, police officers and the Prison Officers Association”.
Linda, 56, told the Record that the family simply don’t have the money to pay for legal representation at the probe, which is due to take place in January next year.
The 56-year-old said: “Katie’s death has cost us tens of thousands of pounds already with funeral costs, therapy costs, loss of earnings and all of that stuff.
“We couldn’t apply for legal aid at first because we didn’t know the dates for the hearings. As soon as we found those out, we applied but our application was refused.
“After everything that’s happened over the last five years, we just don’t have the money even if we do technically earn over the threshold for legal aid.
“It just seems quite unfair especially when we walked into court to see five lawyers sitting there to represent everyone else.
“Even if we do get legal aid funding, I’m quite sure the sheriff won’t want to delay proceedings, which seems really unfair to us because we’ve been delayed for five years.
“We now have very little time to get expert reports which does seem unfair.” She added: “We’re now having to put our trust in a justice system that’s let us down right from the start with Katie’s arrest.
“Last year the Crown Office said there was reliable and credible evidence that the Scottish Prison Service materially contributed to Katie’s death but they couldn’t prosecute because of Crown immunity.
“I know of no other crime that the Crown Office wouldn’t prosecute when there’s credible and reliable evidence. All that says to us is that prisoners' lives are meaningless and young people in particular who are in prison lives are meaningless.”
The FAI, held at Falkirk Sheriff Court, will examine the circumstances surrounding the death of Katie and 16-year-old William Lindsay, who died by suicide within months of each other in 2018.
Solicitor Aamer Anwar, who represents both families, added: “It would be unbelievable that the only family in the joint FAI not to be granted funding for representation were the family of Katie Allan.
“Katie’s parents have been relentless in the last five years in seeking the truth of what happened not just to Katie, but to every other young person who has taken their life at Polmont.
“Report after report stated that families should receive automatic funding for representation at FAIs. Sadly, in Scotland 84% of families have no representation at FAIs which deal with the deaths of their loved ones, whilst an army of lawyers is paid to represent prison officers, ministers, health trusts, police officers and the Prison Officers Association.
“It is time that the Scottish Ministers intervene to end this injustice if the process of a FAI is to have any legitimacy in the eyes of the bereaved.”
Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said: “We note the decision of the Health and Safety Executive in relation to censure of the Scottish Prison Service.
“The Procurator Fiscal has pursued the investigation into the deaths of Katie Allan and William Lindsay thoroughly and detailed consideration has been given to the views of the families throughout these investigations.
“An FAI will allow a full public airing of all the evidence at which families and other interested parties will be represented. The evidence will be tested in a public setting and be the subject of judicial determination.
“The families and their legal representatives will continue to be kept informed of significant developments as court proceedings progress.”
A spokesperson for the Scottish Legal Aid Board said: “We have received no application for civil legal aid from Mr and Mrs Allan and we have contacted Mr Anwar to get more details.
“We did receive an application for civil legal aid from another member of the Allan family and have requested further information to enable us to consider the application fully.
“A solicitor acting for a relative of a deceased person seeking legal aid for representation at an FAI should get in touch with us and we can work with them to look at the circumstances of the case as we may be able to disregard certain funds when assessing an application against the standard financial eligibility tests for civil legal aid.”
A Scottish Prison Service spokesperson said: “Where the lives lost are two young individuals, both with no previous experience of custody, the need to investigate and understand the circumstances in which those lives were lost is especially acute.
“The Scottish Prison Service are committed to supporting this inquiry. We will not be making any additional public comment at this time.”
A Scottish Government spokesperson said: “Our sympathies remain with the families of Katie Allan and William Lindsay.
“The Health and Safety at Work Act 1974, which provides for immunity for the Crown (including public sector bodies or organisations) in certain circumstances, is reserved UK Government legislation.
“The Scottish Legal Aid Board is responsible for the assessment and awarding of legal aid. The eligibility criteria is consistent and transparent with applications being subject to statutory tests. Ministers cannot comment on individual cases.
“We are determined any lessons that need to be learned will be, and that all appropriate agencies will look closely at the outcome of this Fatal Accident Inquiry and respond formally, as they should with all FAI recommendations.”
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