Lord Advocate to meet bereaved families over Crown delays

Dorothy Bain QC

The 12-week turnaround times for the Crown Office to tell next of kin the causes of death has not been met in recent years.

Ms Bain said at Holyrood: “In 2019/20, 70 per cent of cases were closed within the 12-week period and in 2020/21, it was 59 per cent.

“Previously delays with toxicology analysis have played a significant part in that 12-week target not being met – but there are also other legitimate reasons why it is not possible to conclude an investigation within 12 weeks, such as the need for further investigations with the view to determine whether a fatal accident enquiry should be held.

“Significant work has been done by the Crown Office and Procurator Fiscal Service, toxicologists and pathologists to address this issue.”

She said, however, that “since the beginning of 2021, there has been no backlog of toxicology reports”.

She added: “All reports have been submitted to pathologists within agreed timescales and the Crown Office and Procurator Fiscal Service has established a dedicated team to manage the final post-mortem reports which have now been received and required to be considered.”

Scottish Labour’s Monica Lennon MSP, said: “Before the pandemic, bereaved families were experiencing long and agonising waits for final postmortem reports.

“Instead of being told it could take around 12 weeks, many were told it could take 12 months and some were told it could take two years. I’m pleased there are improvements.

“Will the Lord Advocate meet with me and affected families to make sure that we never get this wrong again?”

Ms Bain agreed to meet bereaved families, saying the problems were in part due to an “increase of 40 per cent in the number of deaths being reported to the Crown Office from the previous year”.