Fatal Accident Inquiry - Changes Needed

Thompsons observations from our experience in assisting the families of  victims of fatal accident:-

• The families of the deceased should be at the heart of the process.  Their concerns and questions should be given paramount importance in the investigation and they should be properly funded to have legal representatives to represent their interests.

• The process must begin as quickly as possible.  Any conflict with criminal issues can be avoided by the Inquiry Process being adjourned should that be necessary or by the Inquiry only considering certain matters which will not be before the Criminal Courts until the criminal matter is concluded and, at least for the family, to get some answers.

• This serves an important double function of meeting the families needs of the matter beginning immediately, and that being seen to be done, but not causing any prejudice to any Criminal Trial.

• This is effectively what happens in England with the Coroner’s Court process.

• The Inquiry must be undertaken by our country’s most Senior Judges.

• This will send a clear message that society takes workplace deaths as one of it’s most important concerns.

• This can be achieved by working with appropriate enforcement agencies (such as the Health & Safety Executive etc) and by being able to bring all of the parties to the Fatal Accident Inquiry back before the Judge at a certain period after his/her Determination (say six months) for the Judge to be satisfied that the changes have been followed through with the Judge having appropriate sanction available to him/her if the changes have not been enacted as he or she has in other Supreme Court actions.

• There should also be a clearer ability on the Judge to report to Ministers at both Holyrood and Westminster if it is clear that a change in the law is required.

• Those Senior Judges must have appropriate and necessary power to ensure that the lessons are learned and that changes occur by being able to require, rather than simply recommend, that practices change.