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  2. Publications
  3. Follow-up review of Fatal Accident Inquiries
  4. Annex B – Family Liaison Charter

Follow-up review of Fatal Accident Inquiries

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  • Follow-up review of Fatal Accident Inquiries
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Inspection reports, Follow-up reports

7th August 2019

In 2016 we published our thematic review (link provided below) on FAIs which made 12 recommendations to improve the efficiency and effectiveness of deaths investigations and the FAI process. This follow-up review aims to assess and report on the progress that has been made against our recommendations.

Related Links

  • Thematic review of Fatal Accident Inquiries

Additional

  • Introduction
  • Key Terms
  • Chapter 1 – Investigation of Deaths By Crown Office and Procurator Fiscal Service (COPFS)
  • Chapter 2 – Processes and Procedures
  • Chapter 3 – Case Review
  • Chapter 4 – Criminal Proceedings
  • Chapter 5 – Expert Evidence
  • Chapter 6 – Communication With Nearest Relatives and Interested Parties
  • Chapter 7 – Role of Other Regulatory and Investigative Bodies
  • Chapter 8 – Deaths of Young People In Custody
  • Overview
  • Annex A – COPFS FAI Process Flowchart
  • Annex B – Family Liaison Charter
  • Footnotes

  • Introduction
  • Key Terms
  • Chapter 1 – Investigation of Deaths By Crown Office and Procurator Fiscal Service (COPFS)
  • Chapter 2 – Processes and Procedures
  • Chapter 3 – Case Review
  • Chapter 4 – Criminal Proceedings
  • Chapter 5 – Expert Evidence
  • Chapter 6 – Communication With Nearest Relatives and Interested Parties
  • Chapter 7 – Role of Other Regulatory and Investigative Bodies
  • Chapter 8 – Deaths of Young People In Custody
  • Overview
  • Annex A – COPFS FAI Process Flowchart
  • Annex B – Family Liaison Charter
  • Footnotes

Annex B - COPFS Family Liaison Charter

Annex B is the COPFS Family Liaison Charter showing the process throughout the deaths investigation. The steps in the process are listed below.

Initial Report and Post Mortem

  1. On receipt of initial report ensure that family are informed whether post mortem is necessary and when it is likely to take place
  2. Contact family on receiving initial cause of death to confirm if they can proceed with funeral arrangements
  3. If further investigations are required and PF is unable to release the body advise family as soon as possible and provide reasons
  4. If final post mortem report is not available within 12 weeks provide family with an update on expected timescales
  5. Contact family within 14 days of receipt of final post mortem report if any change to cause of death and answer any questions

Further Investigation

  1. Contact family no later than 12 weeks after the date of death to inform of progress and offer a personal meeting which will take place within 14 days. If the family does not wish a meeting, COPFS will communicate according to their wishes
  2. Contact family every 6 weeks thereafter to advise of progress and arrange personal meeting if requested
  3. In all instances: If at any stage there is a significant development contact family immediately, unless it may prejudice any potential prosecution, and offer a personal meeting unless family have indicated they do not wish to attend such meetings

Criminal Proceedings

  1. If reported to Crown Counsel regarding possibility of criminal proceedings contact family within 14 days of Crown Counsel's decision to advise whether or not there are to be criminal proceedings
  2. If the family are unhappy about any decision not to prosecute they have the right to review the decision and should refer to the COPFS Right to Review Policy
  3. If there are to be criminal proceedings VIA will continue to provide updates to the family
  4. At conclusion of criminal proceedings offer to meet family to explain the outcome and answer any questions

Fatal Accident Inquiry

  1. If reported to Crown Counsel on whether there should be a FAI the family will be given an opportunity to say whether they wish an inquiry. Their views will be taken account of in reaching a decision and on how they wish the decision to be communicated.
  2. Inform family of Crown Counsel's decision within 14 days of the decision being made
  3. If FAI has not to be held offer family a meeting within 14 days to explain reasons and these reasons to be confirmed in writing
  4. If FAI has to be held offer a meeting with family to explain what happens next
  5. PF to make an application to court within 2 months of Crown Counsel's decision being made
  6. If the family are unhappy about the decision to hold or not hold an FAI they may ask for the decision to be reviewed
  7. At conclusion of FAI offer family a meeting to explain outcome and any issues arising
  8. After the determination has been issued offer family a meeting to discuss any issues arising
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Annex A – COPFS FAI Process Flowchart
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