Domestic Homicide and Suicide Reviews in Scotland: Protocol

8. Scottish Ministers overturning a decision not to review a death

Where the Review Oversight Committee determines that a death is not reviewable or a review is not to proceed, the Review Oversight Committee must provide the Scottish Ministers with the rationale for how it reached its decision.

Section 19(5)(b) of the 2025 Act gives the Scottish Ministers powers to overturn a decision made by the Review Oversight Committee not to review a death. Following consideration of the reasons provided for how the Review Oversight Committee arrived at its decision not to review a death, the Scottish Ministers may step in and direct the Review Oversight Committee to establish a domestic homicide or suicide review.

It is expected that the Scottish Ministers will not utilise this power unless they consider it necessary. Such circumstances where they may step in would include where the Review Oversight Committee determines that there is not sufficient learning to be gained by reviewing a death but Scottish Ministers consider that identifiable learning may exist in relation to the death. Before overturning a decision, the Scottish Ministers may seek additional information to help them in their considerations.

Where the Scottish Ministers overturn a decision not to undertake a domestic homicide or suicide review, the Scottish Ministers will communicate the decision in writing to the Review Oversight Committee Chair with the reasons for the decision being overturned. The Scottish Ministers will also communicate the decision to the notifying bodies.