Five people dying in custody or state care every week, SCCJR report finds

A new report has found that more people are dying while in custody or in the care of the state in Scotland than in previous years.

According to figures published on Thursday by the Scottish Centre for Crime and Justice Research, 261 people died in custody or while in state care in Scotland in 2025, up 6.5% from the 245 deaths recorded in 2024.

The figures equate to an average of five people dying each week, with authors saying most are not subject to public investigation.

The report, ‘Nothing to See Here? Deaths in Custody and their Investigation in Scotland 2025’, examined the numbers of people who have died while in police custody, prison, mental health detention, immigration detention, asylum accommodation and in care settings for looked after children and young people.

Of the 261 deaths recorded, 147 were people detained on mental health grounds, 51 occurred in prison, 34 followed police contact, and a further three occurred while in police custody; 22 were care-experienced children or young people, and four people died while in accommodation provided for people in the asylum system. The number of inpatients with learning disabilities dying while living in a hospital is currently unknown.

The latest rise in overall figures appears to be driven by deaths after police contact, which increased from 14 in 2024 to 34 in 2025, and deaths of looked-after children and young people in aftercare services, which increased from 16 to 22.

Professor Sarah Armstrong of the University of Glasgow, who led the research project, described the latest figures as “appalling”.

She said: “According to the data we’ve been able to obtain, there’s been an overall increase in the number of people dying after police contact, as compared to 2024 figures, with a third of those being women, and a record number of people from ethnic minority groups.

“We were deeply concerned to see that most deaths among care-experienced young people were in after-care services, and eight were looked-after children at ages where the most common causes of death are from suicide or drugs.”

Chief Superintendent Chris Stewart said ensuring the safety and wellbeing of people in custody remained Police Scotland’s “highest priority”.

He said deaths following police contact are referred to the Police Investigation and Review Commissioner (PIRC) for independent review, while all deaths in custody and following police contact are reported to the Crown Office.

Beyond the increase in deaths, Professor Armstrong says the lack of scrutiny is a major concern.

“It’s not just how many people are dying that’s concerning, but it’s also the fact that we don’t know who is dying or why.

“It is appalling to think that every week, five people in this country are dying while in the care of the state and for most of them, we know very little about who they are, the facts surrounding their deaths or whether lessons have been learned.”

A Fatal Accident Inquiry (FAI) is a fact-finding process led by a sheriff. They are mandatory for deaths in legal custody, or if a child or young person dies while detained in secure accommodation, but most deaths covered in the report are not subject to an FAI.

Professor Armstrong said: “Families who have lost someone share two goals – that another family doesn’t have to go through what they did, and if mistakes were made, there will be accountability.

“But each year, we are seeing more deaths, more families with heartbreak and unanswered questions about what happened. Most deaths will never have a public investigation, contrary to human rights law. And when there is an FAI, there is no evidence they make a difference to preventing deaths.”

The report also found prison deaths were down from the previous year’s unprecedented high. In 2023, there were 40 prison deaths, 64 in 2024 and 51 in 2025.

Professor Armstrong said: “In the last decade, our prison death rates have effectively doubled, and the suicide rate in Scottish prisons is now more than twice that of England and Wales.”

There were also more FAI findings in prison deaths in 2025 than in the previous decade, mainly because of the joint inquiry held into the deaths of Katie Allan, William Lindsay (or Brown) and, later, Jack McKenzie, all of whom died by suicide at HMPYOI Polmont.

Co-author of the report, Dr Betsy Barkas, University of Glasgow, said: “The continued occurrence of deaths in similar circumstances is alarming. Despite the landmark judgment in 2025 that made 25 recommendations following the tragic deaths of Katie Allan and William Lindsay, yet another young person, Daniel Kerr, died in Polmont earlier this year.

“This raises serious questions about whether the Scottish Prison Service has acted with sufficient urgency on the evidence and recommendations already before it.”

The Scottish Prison Service said every death was a tragedy, and that work was continuing through its National Taskforce for Prisoner Welfare and Safety, with a particular focus on suicide prevention and safer physical environments.

The statement added: “We continue to work closely with our health and justice partners to improve wellbeing, support positive health outcomes and reduce deaths in custody.”

The research team also found FAIs are taking longer, with the average inquiry taking four years from death to written determination – an increase of 18 months from 2024.

Dr Barkas said: “Behind every statistic is a family living with the devastating loss of a loved one. FAIs are taking longer than ever, and the average family now waits four years to hear what happened to their loved one.

“These prolonged delays leave families without answers and deepen the trauma of bereavement, while also undermining the possibility to prevent more similar deaths.”  

The Crown Office and Procurator Fiscal Service acknowledged some deaths in custody cases were taking too long to conclude, but said significant reforms had been introduced to reduce delays.

A spokesperson said: “Every death in legal custody is investigated thoroughly and independently to establish the full circumstances of the death and identify lessons that may help prevent future deaths.

“Some investigations are complex and can be affected by factors including the need for expert evidence, information from partner agencies and the scheduling of court proceedings.

“COPFS accepts that system-wide improvements are needed and has introduced significant reforms to our processes to reduce delays and bring Fatal Accident Inquiries to court more quickly.”

A Scottish Government spokesperson said they will give the research careful consideration.

“The safe treatment and mental health of those in custody who are at higher levels of risk and vulnerability is a priority for this Government, and we have taken further steps to strengthen how they are supported.

“This includes developing and testing an anti-ligature audit toolkit, removing dangerous cell fixtures, introducing a new suicide-prevention policy and piloting Signs of Life technology.

“A 72-hour enhanced observation process has also been introduced for young people when they first enter custody.

“This year, we introduced a law requiring ministers to report annually on the deaths of looked-after children, to help us learn from each case and reduce the risk of premature death.”

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