Family of Glasgow uni student who died in prison could be denied FAI legal aid
Katie Allan and William Lindsay took their own lives at Polmont Young Offenders Institute in 2018
Last updated 11th Jul 2023
A lawyer representing the families of two young people who took their lives in custody has said it would be "unbelievable" if one was forced to withdraw from a fatal accident inquiry over legal aid funds being denied.
21-year-old Katie Allan and William Lindsay, 16, took their own lives at Polmont Young Offenders Institute in 2018.
Solicitor Aamer Anwar, said Katie's parents Linda and Stuart had been informed their application for legal funding had been denied.
READ MORE: Phones in cells at Polmont to cut suicides.
At a preliminary hearing at Falkirk Sheriff Court on Tuesday, Mr Anwar said the family would be unable to participate in the joint fatal accident inquiry (FAI) if a change was not made.
'Five years of relentlessly pushing'
He said he would be raising the issue directly with Justice Secretary Angela Constance due to the "injustice" that families cannot be automatically granted funding while prison officers, ministers and health boards can.
"It would be unfortunate if the family couldn't be in this FAI after five years of relentlessly pushing for it," he said.
In a press statement after the hearing, he told journalists: "At court today I raised with the Sheriff that it would be unbelievable that the only family in the Joint FAI not to be granted funding for representation were the family of Katie Allan.
"Katie's parents have been relentless in the last five years in seeking the truth of what happened not just to Katie, but to every other young person who has taken their life at Polmont."
Concern over legal aid
The sheriff presiding over the inquiry also expressed concern at the prospect of Mr and Mrs Allan being unable to participate in the inquiry due to their legal aid application being rejected.
Speaking in court, he said: "From my point of view, I would find it extremely helpful if the family of Katie Allan was represented in this inquiry."
READ MORE: Psychiatrist appointed to review mental health support for young prisoners.
Calls to remove Crown Immunity
Mr Anwar also repeated his call to First Minister Humza Yousaf to remove Crown Immunity, which means that the Scottish Prison Service cannot be prosecuted.
And he said the families were also disappointed to be told that the Health and Safety Executive (HSE) would not consider administering a Crown Censure.
A Crown Censure is the way in which HSE formally records the decision that, but for Crown immunity, the evidence of a Crown body's failure to comply with health and safety law would have been sufficient to provide a realistic prospect of securing a conviction.
An HSE spokesman said: "The death of any young person is tragic and we have carefully reviewed the information provided to us by COPFS.
"While the circumstances of the two deaths are complex, they do not meet HSE's criteria for investigation. We have informed both families of our decision."
Inquiry continues
Mr Anwar said: "It is time that the First Minister Humza Yousaf moved to remove Crown Immunity - it is archaic that in a civilised society, the Scottish Prison Service is not accountable when someone dies on their watch."
Katie Allan died at Polmont Young Offenders Institution in June 2018 while serving a sentence for a driving offence.
William Lindsay died in October that year days after being sent there on remand.
'Committed to supporting this inquiry'
A Scottish Prison Service spokesperson said: "An inquiry requires to take place following every death in custody so that the circumstances in which a life is lost whilst in the custody of the state are properly investigated and understood.
"Where the lives lost are two young individuals, both with no previous experience of custody, the need to investigate and understand the circumstances in which those lives were lost is especially acute.
"The Scottish Prison Service is committed to supporting this inquiry.
"We will not be making any additional public comment at this time."