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Publication - Progress report

Ministerial Accountability Board: progress report - February 2026

Published
20 February 2026
Directorate
Justice Directorate
Topic
Law and order
ISBN
9781806438068

Information collected for the February meeting of the MAB reporting on the progress made towards the completion of the various recommendations and commitments being monitored by the board. It is based on information from Scottish Government, NHS Forth Valley and the Scottish Prison Service.

Part of

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9. Theme: Systemic Change

Action 2 (Cabinet Secretary Commitment): Legal aid should be made free and non-means tested for families involved in FAIs related to deaths in custody.

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating has been Green for each month, June, September, December and February.

Progress:

  • Complete:
    • Ministerial powers in place to remove means-testing for legal aid from 7th April 2025. This enables access to free non-means-tested legal aid for families involved in an FAI relating to death in custody.
  • Ongoing:
    • Primary legislation required for any new parliament to ensure that all families involved in FAIs related to deaths in custody have access to legal aid.

Action 3 (Cabinet Secretary Commitment): Independent review of FAI system.

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating was reported Amber-Green for June, September, December and changed to Blue in February.

Progress:

  • Complete:
    • Sheriff Principal Abercrombie appointed in May 2025 to conduct an independent review of the FAI process.
    • Terms of Reference included a broadened scope to include deaths in Police custody as well as those in Prison custody.
    • Review concluded and final report published[4] in January 2026, containing 34 recommendations.
  • Ongoing:
    • Detailed consideration of the recommendations and engagement with relevant stakeholders to determine next steps for this work and the review findings.

Action 4 (Cabinet Secretary Commitment): Pursue the lifting of Crown Immunity.

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating has been Amber-Red for each month, June, September, December and February.

Progress:

  • Complete:
    • Relevant UK Government minister identified and contact initiated from Scottish Government.
  • Ongoing:
    • Ongoing engagement between Scottish Government and UK Government officials to progress this work.

Action 5 (Cabinet Secretary Commitment): Establishment of National Oversight Mechanism.

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating has been Amber-Red for each month, June, September, December and February.

Progress:

  • Complete:
    • Initial proposals developed.
    • Position reached that feasibility and timescales mean establishing a NOM will not be possible within this parliamentary term.
  • Ongoing:
    • Development of proposed plans for a phased approach to establishing the NOM.
    • Finalise and approve intended approach.
    • Ongoing engagement with relevant stakeholders to inform the design and implementation of the NOM.

Action 6 (Cabinet Secretary Commitment): His Majesty’s Inspector of Prisons for Scotland review.

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating was Amber-Green in June, it has since been report Green in September, December and February.

Progress:

  • Complete:
    • Methodology agreed for inspection against the FAI recommendations.
    • HMIPS inspection completed at HMP & YOI Polmont in August 2025.
    • Assessment of actions taken in response to DIPLARs completed by HMIPS to inform inspection report.
    • Inspection report drafted and verbal briefing provided to Cabinet Secretary.
  • Ongoing:
    • Finalise report, share with relevant stakeholders including families, and publish.
    • Ongoing engagement with Scottish Government to consider ways to shape future inspection work based on learnings from deaths in custody.

Action 7 (Cabinet Secretary Commitment): Family Advocacy

RAGRatings:
Timeline showing the reported RAG ratings for each month. The RAG rating has been Amber-Green for each month, June, September, December and February.

Progress:

  • Ongoing:
    • Work ongoing to procure a third-sector organisation to deliver the Family Advocacy role.
    • Continued engagement with relevant stakeholders to inform this work.

Contact

Email: oversight.implementation.unit@gov.scot

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