Page 44 - When Things Go Wrong

system of Fatal Accident Inquiries (FAIs) in Scotland: there were a total of 131
FAIs held in the two years 2016/17 and 2018/19, but only 12 of these were
established under the discretionary provision where the Lord Advocate
considers that the death occurred in circumstances giving rise to serious public
concern or was sudden, suspicious or unexplained. The test for establishing the
SPI is narrower, although covering a considerably more populous jurisdiction.

2.82 Non-means tested publicly funded legal representation of families should be
provided where State bodies are represented (see Chapter V paras 5.20-5.23).
We also appreciate that the introduction of the SPI may necessitate some
expansion of the Office of the Chief Coroner. 116 The current team comprises
only six members of staff despite the complement of over 20 originally
envisaged. We understand that the spate of mass fatality terrorist attacks in
recent years has at times stretched the Office to capacity.

2.83 However, the Working Party considers that the introduction of the SPI could
reduce numbers of (and calls for) public inquiries, representing a significant
cost saving for Government. 117 Further, the Working Party is confident that the
SPI, designed to promote meaningful participation and the making of
recommendations to prevent future deaths, could reduce the considerable long-
term costs associated with traumatic bereavement. 118

116 Additional capacity would be particularly important in the event that a decision not to open a type II
SPI were subject to legal challenge.

117 See Norris and Shepheard, supra note 21, p. 6, note **: “Thirty inquiries have been called or
converted from another form of investigation since 2005, eight of which are ongoing. Of the 30 inquiries,
24 have reported final or interim costs that we were able to identify, totalling at least £263.2m (2017
inflation-adjusted values)… In total, we were able to identify expenses for 43 inquiries since 1990,
which have the combined inflation-adjusted cost of £638.9m; this includes the estimated £201.6m spent
on the Saville Inquiry (£191.5m reported in 2010)”.
118 See Scraton, supra note 2, p. 386: “As more bereaved relatives and survivors suffered physical and
psychological illness, many forced into early retirement through trauma-related stress, it was clear that
the destructive impact of Hillsborough extended beyond the deaths of the 96”. See also New Economics
Foundation, ‘Stress and anxiety related hospital admission costing taxpayer £71.1m’ (18 May 2018).

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