The Lord Advocate has been warned further delays in investigating Katie Allan’s prison death would be “difficult, if not impossible” for her family to endure.
It comes amid claims the system in probing jail suicides is not fit for purpose.
The Allan family’s solicitor, Aamer Anwar, has written to Lord Advocate James Wolffe with fears about delays to a fatal accident inquiry into the student’s death.
The lawyer has also voiced concerns on behalf of the family of William Lindsay.
The 16-year-old also took his life behind bars in 2018.
Both families have claimed the authorities are partly at fault for the deaths.
Anwar’s letters, which ask for an update on the probes, said one in three prison death families are waiting over two years for an FAI to be heard. And he claimed this may break human rights law.
Polmont suicide victim Katie Allan's parents brand prison deaths 'nothing short of a massacre'
There are two jail deaths from as far back as 2015 still awaiting FAIs.
Anwar has warned under the European Convention on Human Rights (ECHR), FAIs should be dealt with promptly. He wrote: “Thirty-four per cent of families who have lost a loved one following death in custody in Scotland wait more than two years for an FAI.
“I would therefore question whether the current system for FAIs meets the legal requirements under the ECHR, as plainly such a system is not providing a prompt inquiry.
“I would also say that such a wait for Katie’s family would be very difficult – if not impossible – for them to endure.”
Families of Scots prisoners who die in jail endure years of waiting for cause of death
The Lord Advocate has failed to respond to the letter. Instead, it has been passed to the Scottish Fatalities Investigation Unit (SFIU), who investigate deaths on his behalf.
The office has said it will take time to address the issues raised.
Katie’s mum Linda said: “The SFIU contacted us six weeks after Katie’s death, saying, ‘I write to advise that our inquiries are ongoing and will be for some considerable time.’
“Nine months have passed and we have yet to discuss anything. In the letter to the Lord Advocate last week, concerns regarding the investigation into Katie’s death are highlighted.
“Mr Wolffe passed our concerns on to an assistant procurator fiscal to respond. We really need to stop being surprised by the disdainful replies we receive.
“Many have said they are ‘sorry for our loss’. We are sure Mr Wolffe also intends to send his condolences but what will it take to hear an apology?
“A ‘sorry’ from the sheriff, the court-appointed solicitor, the procurator fiscal, the Scottish Prison Service, for their part in our daughter’s death?”
Last week, Katie’s parents made Polmont suicide victim Katie Allan's parents brand prison deaths 'nothing short of a massacre'.
The Crown Office has admitted some death probes are taking too long, saying it has “increased the resource available to the SFIU” in a bid to speed up probes.
Katie was 21 when she took her own life in 2018. Her parents have claimed jail staff failed to heed warnings she was “vulnerable”.
