The Inquiries Into Fatal Accidents And Sudden Deaths Etc. (Scotland) Act 2016 – Reporting Requirement

Last week the Scottish Government reported on the Fatal Accident Inquiries (FAIs) concluded in the financial year 2017 - 2018. The requirement to provide this report was introduced by the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. This is the first time the statistics have been produced. The statistics show that 12 FAIs were concluded in the last financial year under the 2016 Act.

Recommendations of precautions which could prevent deaths in similar circumstances in the future were made in one of those 12 cases. Section 28 of the Act requires a person to whom a recommendation is made to respond. The response must detail what they have done or propose to do in response to the recommendation, or whether they do not intend to comply and the reasons for that. This requirement to respond was one of the major changes introduced by the 2016 Act. The court has discretion as to whether or not the response is published. Where no response is received the court may publish a notice of that fact. No such notices were published in the last financial year.

Due to transitional arrangements the number of inquiries held under the new...