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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.
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Annex B - COPFS Family Liaison Charter
Initial Report and Post Mortem
- On receipt of initial report ensure that family are informed whether post mortem is necessary and when it is likely to take place
- Contact family on receiving initial cause of death to confirm if they can proceed with funeral arrangements
- If further investigations are required and PF is unable to release the body advise family as soon as possible and provide reasons
- If final post mortem report is not available within 12 weeks provide family with an update on expected timescales
- 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
- 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
- Contact family every 6 weeks thereafter to advise of progress and arrange personal meeting if requested
- 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
- 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
- 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
- If there are to be criminal proceedings VIA will continue to provide updates to the family
- At conclusion of criminal proceedings offer to meet family to explain the outcome and answer any questions
Fatal Accident Inquiry
- 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.
- Inform family of Crown Counsel's decision within 14 days of the decision being made
- 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
- If FAI has to be held offer a meeting with family to explain what happens next
- PF to make an application to court within 2 months of Crown Counsel's decision being made
- If the family are unhappy about the decision to hold or not hold an FAI they may ask for the decision to be reviewed
- At conclusion of FAI offer family a meeting to explain outcome and any issues arising
- After the determination has been issued offer family a meeting to discuss any issues arising