The tragic deaths of two young Scots who took their own lives at a Scottish young offenders institution are to be investigated by a sheriff following a five-year delay.
Katie Allan was only 21 years-old when she lost her life at Polmont Young Offenders Institution in June 2018 while she was serving a sentence for a driving offence. Whereas William Lindsay took his life at the age of 16 in October of the same year while also being held at Polmont.
The Crown Office and Procurator Fiscal Service has now confirmed that a joint Fatal Accident Inquiry into the separate deaths will be held in July. However both families have said that the length of time it has taken for a hearing has been unacceptable and that also criticised the decision to award prosecution immunity to the Scottish Prison Service (SPS), the Daily Record reports.
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Speaking on Tuesday May 30, Katie’s parents, Linda and Stuart Allan, said: “This Sunday will be the fifth anniversary of our daughter’s death.
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“We will spend the day reflecting on Katie’s life and all she meant to us. Katie’s life, like many other young people, meant nothing to the Scottish Prison Service, if it had she would not be dead.
“For five years we have known we will have to relive every minute of the horror our daughter faced at her FAI. The Crown office accept that despite credible and reliable evidence for a successful criminal prosecution they cannot prosecute the SPS due to crown immunity, they accept our domestic law is not fit for purpose, how can we accept this?
“We have researched and campaigned since Katie’s death, highlighting the unacceptable numbers of suicides and a completely ineffectual suicide prevention strategy, we as a bereaved family have done this, not the Crown Office.
“The FAI will not prevent deaths in similar circumstances. It will certainly traumatise us but we will take part to give a voice to our Katie.”
William’s brother John Reilly told the BBC: “The amount of time it has taken has been the hardest part for me and my family. In the past five years we have lost so much. My mum and two sisters all died with broken hearts after William died without having clear answers.
“I just hope now we are getting somewhere and the correct actions are taken by the people responsible.” Mr Reilly added: "Both William and Katie have been neglected by a system that should have been there to help and protect their needs.”
Solicitor Aamer Anwar, who represents both families, added: “We do not have the death sentence in Scotland but for William and Katie that is exactly what Polmont Young Offenders Institute meant. The lifting of Crown immunity must be a priority for the Scottish Government.
“Whilst an FAI cannot apportion blame, the families of William and Katie hold the Scottish Prison Service and Health Service directly responsible for their deaths and will fight to ensure that other lives can be saved. The irony is that had Katie or William died in a private prison, a police cell or mental health hospital, it would have been possible to prosecute them.
”Crown Immunity is a shameful abuse of power and in advance the FAI’s both families are asking Justice Secretary Angela Constance and the Scottish Government what they intend to do about approaching the UK Government to save lives in our prisons.”
After the joint FAI was announced, Solicitor General Ruth Charteris KC said: “I acknowledge the deep anguish that the deaths of Katie and William have brought to their families.
“I met with Katie’s mother and father and William’s mother and brother, and having listened to them talk about their experiences, I fully appreciate that the wait for these proceedings has been too long and distressing for them.
“My hope is that this inquiry provides them with the answers that they are looking for and helps to prevent similar deaths in the future.”
A Scottish Prison Service spokesperson said: “While it would not be appropriate to comment on upcoming proceedings, we recognise the profound emotional distress experienced by families in any instance when a loved one dies in custody.
“The welfare and safety of those in our care is a priority for the SPS. HM Chief Inspector of Prisons wrote there had been ‘considerable strides made in healthcare’ for young people at HMP & YOI Polmont, following an independent review in 2019."
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