"A brutal system" - families' experiences following a death in custody in Scotland

This new report "A Brutal System": families' experiences following a death in custody in Scotland, based on a Family Listening Day event INQUEST held with bereaved people in Scotland, should be a wake-up call for Scottish Government. 

Words such as “brutal”, “hellish” and “draining” are not uncommon when families describe their experiences dealing with the state after a death in custody. This report shows how true this is across the UK and different legal systems.

INQUEST was commissioned by the Scottish Human Rights Commission  to facilitate a day to hear directly from families bereaved after a death in custody. The report written by Chris Tully was informed directly by family testimony and their recommendations for change.

The report, based on the testimony of bereaved people, highlights some of the following:

• inconsistent, unclear, and highly impersonal communication from authorities following a death
• long, re-traumatising delays across the entire process
• an opaque and defensive process which fails to properly involve families
• intimidating, confusing and distressing conduct at FAI hearings
• the lack of accountability following an FAI

This report should be a wake-up call for the Scottish Government. Families’ own recommendations to improve the FAI process include providing independent points of contact, providing non-means tested funding for legal representation straight after a death, setting timelines for FAIs, overseeing their recommendations and humanising what is often seen as a cruel and brutal system.

Deborah Coles, Director at INQUEST, said: “The families who participated in this day did so in the hope that other do not have to suffer in the way they have. The power of this report is only as good as its implementation. Families’ testimony and recommendations must be translated into meaningful action.”

FULL REPORT