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Publication - Progress report

Ministerial Accountability Board: progress report - March 2026

Published
20 March 2026
From
Cabinet Secretary for Justice and Home Affairs
Directorate
Justice Directorate
Topic
Law and order
ISBN
9781807750541

Information collected for the March 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

View supporting documents Supporting documents

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.

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

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 a 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.

RAG Ratings:
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 and March.

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 of 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.

RAG Ratings:
Timeline showing the reported RAG ratings for each month. The RAG rating was Amber-Red for each month, June, September, December and February before decreasing to Amber-Green in March.

Progress:

  • Complete:
    • Relevant UK Government Minister identified and contact initiated from Scottish Government (SG) Ministers.
    • Instruction from UK Government Minister to UK Government officials to engage directly with SG officials to progress this matter.
  • Ongoing:
    • Ongoing engagement between SG and UK Government officials to progress this work.

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

RAG Ratings:
Timeline showing the reported RAG ratings for each month. The RAG rating was Amber-Red for each month, June, September, December and February before decreasing to Amber-Green in March.

Progress:

  • Complete:
    • Initial proposals developed and options explored.
    • Position reached that feasibility and timescales mean establishing a National Oversight Mechanism (NOM) will not be possible within this parliamentary term.
    • Plans agreed to deliver a phased approach to establishing the NOM. This will be through an initial ‘test of change’ model, delivered by an existing independent body and will initially involve deaths in prison custody settings only. This approach seeks to strengthen transparency and learning to inform longer term options and future decisions, including widening the scope across all deaths in state custody and pursuing statutory reform
  • Ongoing:
    • Develop and implement plans to deliver initial phase of the NOM.
    • Engagement with relevant stakeholders to inform the design and implementation of the phased approach NOM establishment.

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

RAG Ratings:
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, February and March.

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 briefings provided to Cabinet Secretary and MAB members.
  • 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

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

Progress:

  • Ongoing:
    • Work ongoing to procure a third-sector organisation to deliver the Family Advocacy role.
    • Continued engagement with relevant stakeholders, including families, to inform this work.
    • Continue mapping exercises with relevant stakeholders to establish a consolidated timeline of interactions with family/next of kin following a death in custody.

Contact

Email: oversight.implementation.unit@gov.scot

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