Scotland: Fatal Accident Inquiry

Mark John Andrew Smith

Reference B366/16 Published 14 September 2017 Sheriff Sheriff Alastair Carmichael Sheriffdom Tayside, Central and Fife Section 28 responses identified 0 8-week deadline 9 November 2017

Recommendations

Recommendations (the sheriff's words)

However, on the basis that more information allows for a greater ability to make a good decision, the SPS and THB/NHS should consider whether to make it a mandatory requirement for nursing staff to check medical records (if they are available) for a prisoner at the reception assessment.

(2) Mr Gilmartin has suggested that more information should be physically transferred (hard copy) from the reception process to the officers in the FNICS. This includes information about any mental health history, any known current mental health problems, if the prisoner has been prescribed medication and whether he has taken the required dosages, previous markers for suicide/self-harm and what charges he faces. I agree with this. I do not think that if the FNICS staff had this information that they could realistically have prevented Mark Smith’s death. However, again on the basis that more information allows for a greater ability to make a good decision, I hope that the SPS and THB/NHS will consider putting this arrangement in place if it is reasonably practicable to do so.

However, I strongly encourage SPS/NHS to redouble their efforts to recruit nurses who are qualified in the treatment of mental health, and to provide specific training in mental health to nurses who are in the SPS and who are not so qualified.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.