Under consideration PE2085: Introduce a statutory definition of residency for Fatal Accident Inquiries into the deaths of Scots abroad

Background information

We were informed through a third party and not official channels about the death of our dearly loved family member overseas. We have named suspects, suspected foul play and motive.

It’s clear that the system defined by the Lord Advocate is broken and not understood by the Scottish Government as the ‘term ordinarily resident’ is undefined in law.

The common response is that the 2016 Lord Cullen report offers extra support. There have been no FAIs following the deaths of Scots abroad since its introduction, despite statements from the Scottish Government that FAIs would take place if it is in the public interest to do so or an investigation would prevent further deaths.

Scotland should afford as a minimum similar protection and support as England and Wales when an individual who lives or works abroad is repatriated.

Most families, if correctly informed of the differences and lack of intervention by Scotland would choose to repatriate to England or Wales. Clearly, it’s the duty of the Scottish Government to make the UK Government aware of this.