Exclusive:More than 4,500 Covid deaths still being probed by special Crown Office unit

Operation Koper - the single largest investigation of deaths in Scottish history - was set up in May 2020 and is looking at cases across hundreds of care homes.

In an update to MSPs, the Crown Office and Procurator Fiscal Service (COPFS) said more than 6,000 cases had been reported for investigation, but 1,363 of these were “closed” as of October.

This leaves at least 4,637 still under scrutiny by a dedicated team of around 100 staff.

Donald Macaskill, the chief executive of Scottish Care, previously called the probe “wholly disproportionate”.

In a written submission to Holyrood’s criminal justice committee ahead of the Scottish Budget in December, John Logue, chief executive of the COPFS, detailed some of its ongoing pressures, including court backlogs caused by the pandemic.

He said: “The Scottish Government provided COPFS with additional funding to establish a dedicated Covid Deaths Investigation Team (CDIT) to carry out the necessary investigation of Covid deaths timeously and to engage with and support bereaved relatives appropriately.

“Over 6,000 Covid-19 deaths have been reported to COPFS for investigation. A dedicated team of around 100 skilled staff are carrying out the necessary investigations.

“These are complex investigations, involving the gathering and review of significant amounts of material and sensitive consideration of the needs of bereaved relatives. Our work involves dealing with the NHS, care home providers and other relevant organisations.

“At October 2024, 1,363 Covid death investigations had been closed. COPFS is also supporting and engaging with the Scottish and UK Covid-19 public inquiries, work that COPFS requires resources being found from existing budget.”

A Crown Office spokesman said the purpose of any death investigation “is to understand the circumstances of the death, where possible to prevent future deaths in similar circumstances and where appropriate to take any necessary action”.

He added: “The nature and extent of any investigation by COPFS in relation to a death that is reported will depend on the circumstances of each case.”

On those now closed, he said: “The circumstances of each of the deaths have been fully and thoroughly investigated by the Covid Deaths Investigation Team and it has been decided that no further action is required.”

In his submission to MSPs, Mr Logue said the Crown Office required a £15.7 million uplift in essential funding for the upcoming year.

“The provision of adequate resource funding for the next financial year is crucial to continue addressing the criminal case backlog, investigating Covid-19 deaths, and managing demand-led pressures,” he said.

Earlier this year, Mr MacAskill said Operation Koper “has had a profound impact on the mental and physical health of hundreds and thousands nursing and care staff”.

He said: “They have had that uncertainty hanging over them that they could have done more to support individuals.

“We consider this to be an investigation which unfairly characterised the care home sector and has been disproportionate. We’re not seeing the same focus on the deaths in hospital settings.”

The COPFS has described it as “the single most significant and challenging death investigation we have ever undertaken”.