Ministerial Accountability Board: progress report - December 2025
Information collected for the December meeting of the Ministerial Accountability Board 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.
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:
June - Green
September - Green
December - Green
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.
RAG Ratings:
June - Amber-Green
September - Amber-Green
December - Amber-Green
Progress:
- Complete:
- Sheriff Principal Abercrombie appointed in May 2025 to conduct an independent review of the FAI process.
- Terms of Reference for the review agreed and will include a broadened scope to include deaths in Police custody as well as those in Prison custody.
- Call for evidence completed in September 2025.
- Ongoing:
- Report of findings in progress and due to be completed by the end of the year. This will incorporate evidence obtained during the review, consideration of published research and previous reviews.
Action 4 (Cabinet Secretary Commitment): Pursue the lifting of Crown Immunity.
RAG Ratings:
June - Amber-Red
September - Amber-Red
December - Amber-Red
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.
RAG Ratings:
June - Amber-Red
September - Amber-Red
December - Amber-Red
Progress:
- Complete:
- Initial proposals developed.
- Position reached that feasibility and timescales mean establishing a NOM will not be possible within this parliamentary term.
- Ongoing:
- Phased approach developed by SG officials. Firstly, to commission an independent bespoke thematic report on the culture of implementing recommendations which will lay the groundwork for the NOM. Secondly, to continue to progress longer-term delivery options for establishment of NOM.
Action 6 (Cabinet Secretary Commitment): His Majesty’s Inspector of Prisons for Scotland review.
RAG Ratings:
June - Amber-Green
September - Green
December - Green
Progress:
- Complete:
- HMIPS and HIS agreed methodology for prison inspections against the FAI recommendations.
- HMIPS inspection completed at HMP & YOI Polmont in August 2025.
- Ongoing:
- Report from inspection being finalised and is intended to be published.
- Ongoing stakeholder engagement from HMIPS to discuss key findings, including with families and with Forth Valley Health Board to discuss health-related matters.
Action 7 (Cabinet Secretary Commitment): Family Advocacy
RAG Ratings:
June - Amber-Green
September - Amber-Green
December - Amber-Red
Progress:
- Ongoing:
- Work ongoing to procure a third-sector organisation to deliver the Family Advocacy role.
- Ongoing engagement with stakeholders to inform this work.