The Joint Fatal Accident Inquiry into the suicides of Katie Allan and William Lindsay begins at Falkirk Sheriff Court.
The Inquiry is set to last around 3 weeks. Katie’s parents Linda and Stuart are both expected to commence their evidence at the start of the Inquiry. Both the families we represent, believe the passage of time has allowed a Scottish Prison Service to cynically operate behind a veil of secrecy, covering up systemic failures & preventable suicides.
Over 5 years have now passed since Katie and William’s death, in that time there have been two Lord Advocates, three Solicitor Generals, three Justice Ministers all apologising for delays, since then William’s mother Christine Lindsay has died, along with his two sisters. Prisoners are now twice as likely to die in prison in 2022 as someone was in 2008. | In October 2022 the families were told the Crown Office had found that a breach of the Health and Safety Act at the prison “materially contributed” to both deaths, but due to the operation of ‘Crown immunity’ no criminal proceedings could be raised against the Scottish Prison Service or the Scottish Ministers.
William Lindsay was only 16 when he was admitted to Polmont Young Offender’s Institute on the 4th October 2018. William was an obvious high suicide risk, yet despite a known history of several suicide attempts, being in and out of care at least 19 times since the age of 3, the absence of a space in a children’s secure unit meant he was remanded to Polmont. The desperate cries of a child went unheard, and on the 7th October 2018 William’s body was found in his cell, after he had taken his own life.
Katie Allan was a geography student at Glasgow University when she was jailed for 16 months after pleading guilty to drink-driving and causing serious injury by dangerous driving. Kate had a number of days left to serve before being eligible for release but violated and crushed she could take no more and at the age of 21 she took her own life.
The lifting of Crown immunity must be a priority for the Scottish Government, to date there has been no response as to what action if any has been taken. Whilst an FAI cannot apportion blame, the families of Katie or William hold the Scottish Prison Service and Health Service directly responsible for their deaths and will fight to ensure that other lives can be saved. It is time that the remit of the FAI’s were removed from the Crown Office, there is no reasonable explanation as to why families should have to have to wait up to 8 years for an inquiry to commence, justice delayed is justice denied
The irony is that had Katie or William died in a private prison, a police cell or mental health hospital, it would have been possible to prosecute them. Crown Immunity is a shameful abuse of power and in advance of the FAI’s both families are asking Justice Secretary Angela Constance and the First Minister Humza Yousaf what they intend to do about it.
The Inquiry is set to last around 3 weeks. Katie’s parents Linda and Stuart are both expected to commence their evidence at the start of the Inquiry. Both the families we represent, believe the passage of time has allowed a Scottish Prison Service to cynically operate behind a veil of secrecy, covering up systemic failures & preventable suicides.
Over 5 years have now passed since Katie and William’s death, in that time there have been two Lord Advocates, three Solicitor Generals, three Justice Ministers all apologising for delays, since then William’s mother Christine Lindsay has died, along with his two sisters. Prisoners are now twice as likely to die in prison in 2022 as someone was in 2008. | In October 2022 the families were told the Crown Office had found that a breach of the Health and Safety Act at the prison “materially contributed” to both deaths, but due to the operation of ‘Crown immunity’ no criminal proceedings could be raised against the Scottish Prison Service or the Scottish Ministers.
William Lindsay was only 16 when he was admitted to Polmont Young Offender’s Institute on the 4th October 2018. William was an obvious high suicide risk, yet despite a known history of several suicide attempts, being in and out of care at least 19 times since the age of 3, the absence of a space in a children’s secure unit meant he was remanded to Polmont. The desperate cries of a child went unheard, and on the 7th October 2018 William’s body was found in his cell, after he had taken his own life.
Katie Allan was a geography student at Glasgow University when she was jailed for 16 months after pleading guilty to drink-driving and causing serious injury by dangerous driving. Kate had a number of days left to serve before being eligible for release but violated and crushed she could take no more and at the age of 21 she took her own life.
The lifting of Crown immunity must be a priority for the Scottish Government, to date there has been no response as to what action if any has been taken. Whilst an FAI cannot apportion blame, the families of Katie or William hold the Scottish Prison Service and Health Service directly responsible for their deaths and will fight to ensure that other lives can be saved. It is time that the remit of the FAI’s were removed from the Crown Office, there is no reasonable explanation as to why families should have to have to wait up to 8 years for an inquiry to commence, justice delayed is justice denied
The irony is that had Katie or William died in a private prison, a police cell or mental health hospital, it would have been possible to prosecute them. Crown Immunity is a shameful abuse of power and in advance of the FAI’s both families are asking Justice Secretary Angela Constance and the First Minister Humza Yousaf what they intend to do about it.
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NewsTranscript
00:00 [MUSIC]
00:10 The evidence has been completed by Katie's parents today.
00:19 Katie was not the first young person in Scotland to die in prison custody.
00:23 Sadly, we know William Lindsay died four months after Katie, and
00:26 others have continued to take their own lives in the last five years that have passed.
00:30 So broken is our justice system, so shrouded in institutional silence.
00:34 Katie's mother, Linda, could not stay silent today, and
00:36 neither could her father, Stuart.
00:38 Self-inflicted deaths in custody are almost a monthly occurrence.
00:42 And today, Linda Allen and Stuart Allen spoke up, not just for their daughter, but
00:46 also for all those whose cries for help were not heard.
00:50 >> I feel relieved that we've given evidence and
00:54 we've been able to, five and a half years after our daughter's death,
00:57 been able to tell our truth.
01:00 But right now, I feel very angry at just having listened to the evidence of
01:06 someone that was in the profession I was in for 38 years.
01:09 And that really angers me about what I've just said.
01:12 I want young people, anybody, to stop dying in prison from an avoidable death.
01:18 End of.
01:19 That's justice for us.
01:21 Half of me's glad, and half of me knows through our personal research
01:27 that the fatal accident inquiry will change nothing.
01:32 We've raised this for the past four years with our elected politicians, and
01:37 it's been ignored.
01:38 The Sheriff Collins doesn't have at least power to change the FAI system.
01:43 That has to be raised through politicians, and
01:48 that doesn't seem to be a priority.
01:51 >> We relive it every day.
01:53 The only difference today is it's public.
01:57 >> True. >> It's not going to bring Katie back.
01:59 So along with our campaign, we've got to accept the fact that we don't have
02:04 a daughter with us anymore, and her son doesn't have a sister anymore.
02:09 And we won't celebrate all the life,
02:13 the parts of Katie's life that would be normally celebrated.
02:18 And we do not want another family having to experience this.
02:21 We sat and listened to John Riley, William's brothers,
02:25 and Afro David's today as well, which would break your heart.
02:29 Break your heart.
02:30 Two young people from bipolar backgrounds, same outcome.
02:35 The questions I was asked today, which I found very challenging by
02:40 the Prison Officers Association, was how compassionate some prison officers were.
02:46 And absolutely they were, but it's irrelevant.
02:50 Whether prison officers had a good relationship or
02:52 not a good relationship with their daughter, prison officers had a job to do,
02:57 and that was to protect their daughter.
02:58 Katie lost between 60 and 80% of her hair.
03:02 She was covered in self harming marks.
03:04 She was covered in eczema.
03:06 She had weight loss, and she was acutely distressed.
03:10 What really else would need to have happened for
03:14 that bulk suicide risk to be ticked?
03:17 The strip searching and the violation that she felt.
03:22 There's a dispute between us as a family and
03:25 what the prison service is saying, and the number of times, Katie.
03:28 It doesn't matter if it was one or 20.
03:30 Katie felt violated after standing in a hall with two prison officers and
03:36 X number of trainees while she was strip searched.
03:39 The bullying that took place, which is a feature of Pullman, and
03:43 every inspection report, and anything you read about Pullman,
03:46 she was subject to bullying for the last three nights of her life,
03:52 threatened, no intervention from prison officers.
03:55 So whether they were compassionate or not is irrelevant.
03:57 Feel closure when we go through one, two, three, or
04:01 five years with no suicides in prison.
04:04 That's what will give us closure.
04:06 >> So absolutely, I mean, the closure for us is just change.
04:11 And we know so far from looking at previous FBIs and
04:14 also the inspections of prisons that nothing's changed.
04:19 So something has to change to make that happen, and that must be enforced.
04:24 So there must be some accountability for the prison service to make sure that
04:30 any recommendations that are made in this role of FBIs like this,
04:34 that they are actually implemented.
04:37 Otherwise, nothing's gonna happen.
04:39 And that's what we've been fighting against for the last five years.
04:44 And we knew we were coming down to this FBI,
04:45 we knew we had to get it out of the way and get it done.
04:48 But we're not that confident that anything good is gonna come out of it,
04:52 until that change takes place.
04:54 >> Katrina, you asked about closure, can I just say that?
04:56 The family had already said in court about the meetings with Hamza Yusuf.
05:00 He was Justice Secretary at the time.
05:02 Many promises were made, many promises were broken.
05:04 We've not heard from Hamza Yusuf about deaths in prisons.
05:08 We've not heard from Hamza Yusuf about the failure to implement all
05:11 the recommendations of the review.
05:13 So the pressure is on the Scottish government,
05:15 as in what are they actually going to do?
05:17 Otherwise, we continue to have an epidemic of suicide within our prisons.
05:21 The Crown Office, the Lord Advocate's Office, told this family,
05:25 as well as that of William Lindsay, that there was credible and
05:28 reliable evidence to say that the Scottish Prison Service had breached
05:33 its duty of care, had breached the Health and
05:35 Safety Act in terms of the treatment of Katie and of William.
05:40 Yet they can't be prosecuted because of Crown immunity.
05:42 It keeps coming back to that.
05:44 This is part of the journey.
05:46 There's still a long way to go.
05:47 [MUSIC]