Call for digital death inquiries

INVESTIGATIONS into care home deaths could be carried out using Zoom-style technology.

Lord Advocate James Wolffe, QC, said this week that the deaths would be examined – with fatal accident inquiries (FAIs) before sheriffs having a key role.

But there are fears this could jam the overstretched legal system. Now lawyers are backing digital FAIs, with evidence given remotely to speed up the process.

Julia Donnelly, senior partner of Livingstone Brown, said: ‘Families may find the experience less intimidating than going to court. There would be no problem with social distancing, or even having to have a court room made available – a dedicated sheriff could be appointed to hear the cases and make general findings.’

In addition, instead of one FAI taking place in a city such as Glasgow every so often, several could run at the same time.

Stuart Munro, head of the legal firm’s criminal litigation and inquiries practice unit, said: ‘The solution may be to convene fully remote FAIs. There’s no need for a courtroom to be allocated. FAIs don’t have juries. The legal participants [sheriff, clerk and lawyers] can all be based in their offices, or at home. Parties, including family members, can participate from home.’

FAIs are compulsory for workplace deaths and are ordered when circumstances give rise to ‘significant public concern’.

The sheriff’s main role is to determine what contributed to a fatality but they can also make recommendations on precautions or improvements to prevent future deaths.

A Scottish Courts and Tribunals Service spokesman said: ‘We’re confident virtual hearings can play an important role in progressing future FAIs, taking account of the views of other parties.’