Bereaved families - coronavirus update

The Covid Deaths Investigation Team (CDIT) is investigating deaths due to Covid-19, or presumed Covid-19, in the following circumstances:

• where the deceased was resident in a care home and contracted the virus within the care home; or
• where the deceased may have contracted the virus in the course of their employment or occupation

between the beginning of the pandemic and 20 December 2022;

• where the deceased contracted the virus whilst in lawful custody; or
• where the deceased contracted the virus whilst an in-patient in hospital and the death was reportable to the Procurator Fiscal due to concerns raised by bereaved nearest relatives or a doctor (or for any other reason under section 3 of the ‘Information and Guidance for Medical Practitioners)

between the beginning of the pandemic and 31 March 2024.

In May 2020 guidance was issued by the Lord Advocate to medical professionals in Scotland given the significant public anxiety about Covid-19 deaths at that time. The guidance stated that the two categories of Covid-19 deaths set out above relating to care homes and employment or occupation must be reported to COPFS.

Other Covid-19 deaths which would normally have been reported to COPFS continued to be reported, namely deaths in prison or police custody and deaths in hospitals where concerns were raised.

CDIT was created to investigate all such Covid-19 related deaths.

CDIT has been working with the NHS, Local Authorities, the Care Inspectorate, the Health and Safety Executive, Public Health Scotland, the Scottish Government and the Police to ensure that appropriate and thorough investigations are undertaken in respect of these deaths.

To inform the investigations information is being obtained from a number of sources, including:

• the bereaved nearest relatives, who have described their experience of the care given to the deceased,
• the organisations responsible for the care of the deceased, such as care homes, the NHS, prisons and employers, who have provided documents including care notes, records, logbooks and medical records,
• the Care Inspectorate, who have provided feedback about inspections, contact or visits to care homes,
• Public Health Scotland, who have provided information about the recording of outbreaks.

In many cases further investigation has been carried out to answer issues which have been identified. This further investigation has included instructing statements from bereaved nearest relatives, staff, GPs, etc. and instructing expert opinions from suitably qualified professionals. 

Where a number of people died from Covid-19 at a single location, the circumstances of the deaths are being considered both individually and as a group, to get a clear picture of the management of Covid-19 at that location. Where an issue is identified which is common to a number of locations the circumstances of those deaths are being considered together. 

The involvement of the police does not necessarily mean that a crime is being investigated. COPFS routinely instruct the police to make enquiries into the investigation of sudden, unexpected and unexplained deaths. The police are one of a number of agencies that are working together to provide CDIT with information about deaths that have occurred from Covid-19.

Given the range of information and agencies involved it is difficult to set out a timescale for completion of the work in a single case. We remain committed to the efficient, yet thorough, investigation of all the deaths reported.

Further information about our cases is available at www.copfs.gov.uk/publications, where you will find details of all care homes and hospitals reported to CDIT and the number of ongoing investigations for each location.

If you would like further information about a death which has been reported to CDIT you can contact us.

At the end of the investigation CDIT may:

• decide that no further investigation is necessary and provide information about the outcome of the investigation to bereaved nearest relatives. 
• decide to hold a Fatal Accident Inquiry (FAI). There are some situations where that is mandatory (e.g. where the death occurred in custody) and in other situations an assessment will be made about whether it is appropriate in all the circumstances to hold an FAI.  There is more information available about our role in investigating deaths and the circumstances in which an FAI will be considered appropriate.
• decide to prosecute, if there is sufficient evidence of a crime and it is in the public interest to do so. For more information on how decisions are made on prosecutions, please see the Prosecution Code.

In all instances CDIT will make sure that the family is kept informed about any decision taken in accordance with the Family Liaison Charter.

There is more information available about our role in investigating deaths and the circumstances in which an FAI will be considered appropriate.

In terms of CDIT’s work, where there are a number of cases in which an issue is relevant to the death we will identify cases which we assess offer the best opportunity to explore that issue at an FAI given the facts and circumstances. We will not hold an FAI in relation to each individual case on that issue.

For example, in cases where the death occurred in hospital, 15 key issues have been identified. In relation to each of those issues we will assess whether an FAI is required and which case or cases should proceed to an FAI.

In all instances CDIT will make sure that the family is kept informed about any decision taken in accordance with the Family Liaison Charter.

The UK and Scottish governments have each set up a public inquiry to examine the preparedness and response to the Covid-19 pandemic, and to learn lessons for the future.

CDIT’s work is separate from the work of either the UK or Scottish Inquiry. Any decisions taken following the conclusion of CDIT’s investigations will be taken independently.

View more information on the Scottish Government’s public inquiry into the Covid-19 pandemic.

View more information on the UK Government’s public inquiry into the Covid-19 pandemic.

COPFS is not able to provide legal advice in respect of civil proceedings. The fact that investigations are ongoing does not prohibit a person from making a civil claim. Anyone considering a civil claim should seek independent legal advice.