Ministerial Accountability Board: progress report - September 2025
Information collected for the September 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
Progress:
- Complete:
- Ministerial powers are in place to remove means-testing for legal aid from 7 April 2025 to enable 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
Progress:
- Complete:
- Sheriff Principal Abercrombie was appointed in May 2025.
- Ongoing:
- A call for evidence has been issued which is due to conclude mid-September.
- A series of conversations with key stakeholders is planned.
Action 4 (Cabinet Secretary Commitment): Pursue the lifting of Crown Immunity.
RAG Ratings:
June - Amber-Red - September - Amber-Red
Progress:
- Ongoing:
- The Scottish Government is engaging with UK Government colleagues
Action 5 (Cabinet Secretary Commitment): Establishment of National Oversight Mechanism.
RAG Ratings:
June - Amber-Red - September - Amber-Red
Progress:
- Ongoing:
- The National Oversight Mechanism (NOM) is currently being developed by the Scottish Government.
- An options appraisal, including the possibility of a procurement exercise and the functions and powers required by a body to operate a NOM, is being developed.
- Legislative requirements relating to the National Oversight Mechanism’s (NOM) powers within this parliamentary term are being explored.
Action 6 (Cabinet Secretary Commitment): His Majesty’s Inspector of Prisons for Scotland review.
RAG Ratings:
June - Amber-Green - September - Green
Progress:
- Ongoing:
- HMIPS and HIS have met to agree a methodology for prison inspections against the FAI recommendations.
- HMPS attended Polmont in August to undertake the necessary work for the initial progress report. This report will outline progress to date against the recommendations and next steps.
Action 7 (Cabinet Secretary Commitment): Family Advocacy
RAG Ratings:
June - Amber-Green - September - Amber-Green
Progress:
- Ongoing:
- The Scottish Government is developing a specification for Family Advocacy.
- Consultation and agreement with stakeholders ongoing to support future procurement activity.