PRELIMINARY HEARING FOR THE JOINT FATAL ACCIDENT INQIRY INTO THE DEATH OF KATIE ALLAN AND WILLIAM LINDSAY
11TH JULY 2023
PRESS RELEASE – BY AAMER ANWAR & COMPANY
PRELIMINARY HEARING FOR THE JOINT FATAL ACCIDENT INQIRY INTO THE DEATH OF KATIE ALLAN AND WILLIAM LINDSAY
Statement by Aamer Anwar – Solicitor acting on behalf of the families of Katie Allan and William Lindsay
The Preliminary Hearing for the Fatal Accident Inquiry into the death of Katie Allan and William Lindsay was held today in Falkirk Sheriff Court.
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.
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.
We can advise that on the 29th July 2022 the family of Katie Allan was advised by the Crown Office that her deaths had been referred by COPFS to the Health and Safety Executive (HSE) for the consideration of initiating an investigation, however the HSE declined to carry out an investigation. William’s case was not referred to HSE for consideration at the time of his death.
As a result of this decision by the HSE the investigation was conducted by the COPFS. The investigation conducted by the COPFS focused on two potential criminal offences in relation to both Katie and William:-
- s3 Health and Safety at Work Act 1974
- s1 Corporate Manslaughter and Corporate Homicide Act 2007
Principal Crown Counsel considered that there was “sufficient credible and reliable evidence to establish a breach of section 3. Katie and William’s decision to take their own lives “did not exonerate and could not exonerate” those who had a duty to keep her safe”.
Principal Crown Counsel stated they believed that a breach of section 3 materially contributed to Katie’s death.
Crown Immunity
Both Katie and William’s family were then told that although Scottish Ministers who are in charge of Scottish Prisons owed a duty of care to prisoners such as Kate and William, that the ministers are protected by Crown Immunity.
Crown Counsel concluded the only action available to the Crown was to carry out a process known as Crown Censure. COPFS accordingly requested the HSE undertook the process in relation to the Scottish Ministers for breach of Section 3 of the Health and safety at Work act 1974.
The family were told that this was all that could happen as the crown had immunity over prisons, yet on the 7th July 2023 in a letter received from the Health and Safety Executive they informed the families there would be no censure.
The families I represent are angry and distraught, they believe Crown Immunity is a shameful abuse of power, that gives the prison service a license to kill. The families believe that the HSE is not fit for purpose, if the Crown Office with all its resources believe there should be a censure, what is the point of the HSE if they claim they do not have the expertise to investigate.
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.
Details of the letter from HSE are produced below:-
Katie Allan
“Our conclusion is that Talk to Me, as a system in these cases, is out of scope of our policy on regulating section 3 as we are not experts in mental health or regulators of clinical care provision.”
“We originally declined to investigate the death of Ms Allan when it was referred to us at the time by COPFS. Our conclusion after reviewing the information provided to us remains that the death of Ms Allan does not meet our criteria for investigation. Therefore, we do not intend to consider a Crown Censure of the Scottish Prison Service: this is a decision which is in line with our published policy on the application of HSWA S3, and our Enforcement Policy Statement.”
William Lindsay
“We believe that the most appropriate bodies have already been involved in a significant review of the overarching policy framework in place within SPS to manage harm from poor mental health. It is for others to drive forward the recommendations made within the Review to improve and rectify inadequacies identified across the Scottish justice system as a whole, which involve the management and care of young people in custody.
Our conclusion is that Talk to Me, as a system in these cases, is out of scope of our policy on regulating section 3 as we are not experts in mental health or regulators of clinical care provision.
Others have had a much more proactive and considered role in its development and in its subsequent review as a result of these deaths. We do not, therefore, deem it appropriate to consider any alleged inadequacies within it as being a matter for Crown Censure under the Health and Safety at Work etc Act 1974, or subsidiary regulations. Despite this, we have considered the circumstances of the case which COPFS referred to us, in order to decide whether it meet our criteria for investigation, and in particular whether there appears to have been systemic failures to implement the Talk to Me procedure.”
The death of Mr Lindsay was not reported to us at the time, and we had not previously had an opportunity to assess whether it met our criteria for investigation. We have now considered the information provided and our conclusion is that the death of Mr Lindsay does not meet our criteria for investigation.
Therefore, we do not intend to consider a Crown Censure of the Scottish Prison Service: this is a decision which is in line with our published policy on the application of HSWA S3, and our Enforcement Policy Statement.”
A further preliminary hearing will now take place for the Joint FAI on the 15th September with a full hearing in January.
