Data obtained by the Scottish Liberal Democrats through a freedom of information request to the Crown Office shows there are 318 FAIs currently awaiting completion. That represents an 18 per cent increase on last year, with some cases outstanding for more than six years.

Of the total, 194 relate to deaths in custody, an increase of 30 per cent compared with the previous year.

The party’s justice spokesman, Liam McArthur, said the figures pointed to the need for an “urgent overhaul” of the FAI system.

“For too many families, Scotland’s broken inquiry system makes them wait an excruciatingly long time for answers,” he said.

“These figures clearly illustrate that the FAI backlog is getting worse. For deaths in custody, new inquiries are being established at almost double the rate of those being completed. The system is simply not fit for purpose.”

FAIs are mandatory where a death occurs as a result of an accident at work or while a person is in custody. They may also be held following a sudden, suspicious or unexplained death where the lord advocate considers it to be in the public interest.

The latest figures also show that the average FAI completed in 2024–25 lasted more than 1,300 days, an increase of more than 100 days on the average duration in 2023–24.

The longest outstanding inquiry relates to a death that occurred in the 2019–20 period.

The Liberal Democrats are calling for responsibility for FAIs to be removed from the Crown Office and for a statutory requirement that inquiries begin within a year of the death. Under their proposals, where an inquiry does not commence within 12 months, the investigating authority would be required to explain the delay to both the Scottish government and the deceased’s family.

Mr McArthur added: “Scottish Liberal Democrats have long called for the SNP to reform fatal accident inquiries, but they have refused.

“Scotland deserves better, which is why there needs to be an urgent overhaul of the FAI system. We believe there is a strong case for removing FAIs from the remit of the Crown Office and handed to a new body charged with ensuring inquiries begin within a year and that results are presented in a timely fashion.”

A Scottish government spokesperson said: “While fatal accident inquiries are a matter for the lord advocate, we understand that the length of time taken for some FAIs to conclude can be distressing for the families involved.

“An independent review of the FAI system, chaired by Sheriff Principle Abercrombie, is examining how delays can be reduced. It is nearing completion and the report is due by the end of the year. We will consider its findings carefully.”

A Crown Office spokesperson said: “We understand the distress that investigating the death of a loved one can cause for grieving families and have acknowledged that some death investigations take too long.

“These statistics do not reflect the complexity and benefits of the whole system of death investigations in Scotland, of which fatal accident inquiries are a part. Reported deaths have risen significantly, with deaths in custody almost doubling in the last five years. Most of our investigations still conclude within weeks.

“We recognise that more can be done across the whole of the justice system to improve how deaths are investigated and welcome informed discussion to drive those improvements.”