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, 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 the Allan's 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.”
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.
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.
A Scottish Prison Service spokesperson said: “An inquiry requires to take place following every death in custody so that the circumstances in which a life is lost whilst in the custody of the state are properly investigated and understood.
“Where the lives lost are two young individuals, both with no previous experience of custody, the need to investigate and understand the circumstances in which those lives were lost is especially acute.
“The Scottish Prison Service are committed to supporting this inquiry.
“We will not be making any additional public comment at this time.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel