Last reviewed 24 June 2021

A Scottish luxury hotel was the scene of a fatal fire after a night porter placed a plastic bag of ash in a cupboard containing kindling and newspapers (see £500,000 fine after fatal hotel fire).

Following the conviction of Cameron House Resort (Loch Lomond) Limited and a member of staff, Scotland’s Crown Office decided that the circumstances of the deaths had been established and that the public interest would not be further served by a Fatal Accident Inquiry (FAI).

However, the family of Simon Midgley, who died in the fire in December 2017, have exercised their right to ask for a review of the decision which has now been reversed.

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said that a review by independent Crown Counsel with no previous involvement in the case had concluded that there were wider public interest issues around the safety of guests and building fire safety which ought to feature in an FAI.

“The review of prosecutorial and FAI decisions is an important and regular feature of our work,” the COPFS said. “Last year, review was requested 190 times and an original decision was overturned in 10% of those instances.”

Mr Midgley and Richard Dyson were two guests at the hotel who died in the fire from smoke and fire gas inhalation. More than 200 others were evacuated from the building.

Stuart Stevens, Assistant Chief Officer of the Scottish Fire and Rescue Service, said: “This needless loss of two lives could have been prevented. This sends a very clear message to businesses and organisations across Scotland that fire safety must remain of highest importance, and that all appropriate measures must be taken to protect the public and their staff.”