A lawyer representing the families of two young people who took their lives in custody has said it would be “unbelievable” if one was forced to withdraw from a Fatal Accident Inquiry over legal aid funds being denied.
Katie Allan, 21, and William Lindsay, 16, took their own lives while at Polmont Young Offenders Institute in 2018. Solicitor Aamer Anwar, acting on behalf of the families, said Katie’s parents Linda and Stuart had been informed their application for legal funding had been denied.
At a preliminary hearing at Falkirk Sheriff Court on Tuesday, Mr Anwar said the family would be unable to participate in the joint fatal accident inquiry (FAI) into the deaths if a change was not made.
He said he would be raising the issue directly with Justice Secretary Angela Constance due to the “injustice” that families cannot be automatically granted funding while prison officers, ministers and health boards can. “It would be unfortunate if the family couldn’t be in this FAI after five years of relentlessly pushing for it,” he said.
In a press statement after the hearing, he told journalists: “At court today I raised with the Sheriff that 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.”
“It is time that Scottish ministers intervene to end this injustice if the process of an FAI is to have any legitimacy in the eyes of the bereaved.”
The sheriff presiding over the inquiry also expressed concern at the prospect of Mr and Mrs Allan being unable to participate in the inquiry due to their legal aid application being rejected.
Speaking in court, he said: “From my point of view, I would find it extremely helpful if the family of Katie Allan was represented in this inquiry.
“It is more than appropriate that Katie Allan’s family would be represented. I cannot tell the legal aid board or ministers what to do but I can say that I very much hope that they will be able to enable Katie Allan’s family to be represented in this inquiry.”
Mr Anwar also repeated his call to First Minister Humza Yousaf to remove Crown Immunity, which means that the Scottish Prison Service cannot be prosecuted.
And he said the families were also disappointed to be told that the Health and Safety Executive (HSE) would not consider administering a Crown Censure.
A Crown Censure is the way in which HSE formally records the decision that, but for Crown immunity, the evidence of a Crown body’s failure to comply with health and safety law would have been sufficient to provide a realistic prospect of securing a conviction.
Mr Anwar said: “It is time that the First Minister Humza Yousaf moved to remove Crown Immunity – it is archaic that in a civilised society, the Scottish Prison Service is not accountable when someone dies on their watch.”
Katie Allan died at Polmont Young Offenders Institution in June 2018 while serving a sentence for a driving offence. William Lindsay died in October that year days after being sent there on remand. A second preliminary hearing has been scheduled for September 15, with the full inquiry set to begin on January 8 2024.
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.”
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