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Relatively Speaking
A thematic inspection of Family Liaison in Scotland

CHAPTER 2: FAMILY LIAISON TO-DATE

Development of Family Liaison

2.1 Historically UK police forces appointed officers to deal with the immediate family of murder victims, however they received no specialist training to prepare them to carry out this difficult task. Selection and support measures were ad-hoc, if they existed at all, and the actual liaison process was unstructured.

2.2 In 1997, the Home Office sponsored research by Detective Sergeant Richard Mason of Merseyside Police, assisted by Ms Linda Cottriall of Wirral Metropolitan College and Mr Shaun Speed of the University of Central Lancashire, into the use of Family Liaison Officers on murder enquiries. The research report ¹² highlighted failings in the selection, training and support of FLOs, and recommended that steps be taken by the police service to address these core areas.

2.3 The findings of this research, while focused on murder enquiries, remain valid in relation to wider family liaison. The principal findings were:

• family liaison often continued after the investigation had closed;
• selection of FLOs often appeared to be arbitrary;
• without a clear definition of role, the purpose of the police/family relationship became clouded;
• significant numbers of FLOs became over-involved emotionally, experienced isolation from colleagues, struggled with press and media involvement, and found it difficult to withdraw from families;
• 36% of FLOs felt unsupported; and
• 10% of FLOs had been reduced to tears by family liaison duties.

A Person Specification for FLOs

2.4 A follow-up report by Richard Mason in 1998 ¹³ provided a role description and a person specification for the FLO, defining the role as being:

"to establish and maintain a relationship which links the family and the enquiry team in order to facilitate an investigation into the family's loss".

2.5 This role description was adopted by all police forces, and provided a focus for the Scottish Police Service to standardise and structure FLO deployments. It highlighted the investigatory function that FLOs performed.

2.6 The role description also identified the principal duties of the FLO including:

• to obtain relevant background details of the victim and family members;
• to act as a consultant to the family in respect of legal procedures;
• to act as a consultant to the family in respect of police investigation procedures;
• to advise the family on the progress of the investigation; and
• to advise the family on the existence and role of appropriate support agencies.

2.7 The person specification detailed a number of aptitudes and personal criteria required of a FLO. It was also highlighted that he/she should be a qualified investigator and should be a volunteer.

2.8 A role description, person specification, selection policy and support strategy, broadly based on the aforementioned research, was incorporated within the original Family Liaison Strategy ¹⁴ and largely reproduced within the Murder Investigation Manual. ¹⁵ This was subsequently adopted, in a Scottish context, by the Association of Chief Police Officers in Scotland (ACPOS).

2.9 The impact of the Stephen Lawrence case on family liaison cannot be over-estimated, and it has extended beyond the Metropolitan Police Service (MPS) to all UK forces. When Stephen Lawrence was murdered in April 1993 untrained Family Liaison Officers were deployed as part of the MPS investigation of his death. It is now accepted that liaison between the MPS and the Lawrence family was unsuccessful and that there was a need for improvement in this aspect of policing.

2.10 In 1997, the Home Secretary directed Sir William MacPherson to conduct an inquiry into the death with a particular objective of identifying "... the lessons to be learned for the investigation and prosecution of racially motivated crimes". The report of the Inquiry ¹⁶ was published in 1999 and made several recommendations specific to family liaison:

• That police services should ensure that at local level there are readily available designated and trained Family Liaison Officers.
• That training of Family Liaison Officers must include training in racism awareness and cultural diversity, so that families are treated appropriately, professionally, with respect and according to their needs.
• That Family Liaison Officers shall, where appointed, be dedicated primarily if not exclusively to that task.
• That Senior Investigating Officers and Family Liaison Officers be made aware that good practice and their positive duty shall be the satisfactory management of family liaison, together with the provision to a victim's family of all possible information about the crime and its investigation.
• That good practice shall provide that any request made by the family of a victim which is not acceded to, and any complaint by any member of the family, shall be formally recorded by the SIO and shall be reported to the immediate superior officer.
• That police services and Victim Support Services ensure that their systems provide for the proactive use of local contacts within minority ethnic communities to assist with family liaison where appropriate.

2.11 The Murder Investigation Manual has since been updated by ACPO and the family liaison strategy therein developed to take into account items of good practice, and to reflect issues identified by Sir William MacPherson in his report. The manual now encompasses guidance on the 3 principal family liaison roles within the police service, namely:

• Family Liaison Officer (FLO);
• Senior Investigating Officer (SIO); and
• Family Liaison Co-ordinator (FLC).

2.12 It also emphasises the partnership approach whereby the families of victims are themselves seen as victims of a serious crime, and are treated as such with sensitivity and compassion.

FLO Training in Scotland

2.13 In the summer of 1999, eighteen officers from across Scotland attended the first Family Liaison Officers course at the Scottish Police College. The training was largely facilitated by Linda Cottriall and Shaun Speed, who had participated in the original family liaison research, and focused on providing the officers with an understanding of bereavement and grieving, to prepare them to carry out family liaison duties sensitively and effectively.

2.14 A number of further courses have been held at the college since then at a rate of 3 or 4 per year. A total of 215 officers ¹⁷ have been trained, and each police force in Scotland has at least 10 trained FLOs. An analysis of force-by-force staffing is given in Chapter 3 (paragraph 3.62) of this report.

2.15 It is worthy of note that officers are selected for the FLO course on the basis of existing investigative skills, along with other necessary qualities, such as:

• being able to listen effectively;
• being able to use and interpret non-verbal communication effectively; and
• being able to relate an understanding of human/family relationships to investigation requirements.

2.16 The course does not attempt to develop operational officers into investigators, nor is the investigative background of candidates restricted to crime; officers with specialist experience in child protection and road traffic policing have also completed the course.

2.17 To date, the development of the family liaison role has been principally driven by the needs of the investigation and of the family of the victim, in two broad areas, viz:

• the need for detailed background information about the victim in order to build a picture of who he/she was, thereby informing lines of enquiry with the objective of identifying suspects and obtaining all available evidence to permit criminal proceedings to be commenced. and
• the need for the family to learn what happened to their loved one, in order that they can grieve fully (and eventually come to terms with their loss in-as-much as the bereaved can ever accept a sudden or violent death).

2.18 The focus since 1999 has been on the response of the Scottish Police Service to cases of murder or suspicious/ sudden death where there has been a need for extended contact between police and family. However, in some forces there has been a practice of deploying FLOs to cases of cot death, missing persons, road deaths and suicides. FLOs have even been used to liaise with victims of crime directly where contact has been prolonged, for reasons such as victim support.

Scottish Police Strategy

2.19 Criteria for deployment of FLOs was drawn up by the ACPOS Family Liaison Working Group in October 2000 at the request of the Investigations Sub-Committee of ACPOS Crime Standing Committee, in response to debate on the use of FLOs (see paragraph 3.34). The working group was also responsible for formulating the Family Liaison Log used by FLOs to record their contacts with families during deployments. In December 2001, the working group reported on the need for mentoring of FLOs, and made recommendations for selection and use of Family Liaison Mentors (FLM) to provide support and independent guidance to FLOs.

2.20 In May 2002 the Scottish Police College facilitated the first Family Liaison Mentors Course where 13 experienced FLOs were trained for a mentoring role. A second course was held in January 2003, which resulted in each police force in Scotland having at least one mentor.

2.21 In addition to the Murder Investigation Manual as a source document for family liaison policy and best practice, the impending publication of the ACPOS Road Death Investigation Manual ¹⁸ will serve as the definitive source of policy and standards in relation to road fatalities. To aid understanding of police family liaison strategy in Scotland, the significant elements of these complementary manuals are summarised hereafter.

Murder Investigation Manual

2.22 A complete chapter of the ACPO Murder Investigation Manual is devoted to the subject of family liaison and provides guidance to those officers who function as FLO, SIO and FLC. The manual defines the key aim of family liaison in cases of suspected homicide as being:

"to facilitate an investigation into the family's loss by establishing and maintaining a sensitive, supportive and appropriate relationship, which links the family and the enquiry team".

Also documented within the manual are the principal objectives for a family liaison strategy, which are, to:

• provide care, support and information in a sensitive and compassionate manner to the family who are themselves victims of crime;
• ensure that family members are given information about support agencies and that referrals are made to Victim Support and other agencies in accordance with the family's wishes;
• gather evidence and information from the family in a manner that contributes to the investigation and preserves its integrity; and
• secure the confidence and co-operation of a victim's family, which can positively impact on the wider issues of community trust and confidence as well as bringing positive benefits to the investigation.

2.23 In structuring a major investigation, the SIO has to decide upon a number of strategic elements such as the forensic, identification and arrest strategies. The family liaison strategy must be given no less consideration than the other elements of the investigation. In establishing a strategy the SIO should select a FLO(s) for deployment having given consideration to the family's needs and any investigative requirements. He/she will set specific family liaison objectives in line with the generic objectives listed above. The SIO will also decide on whether liaison should take place with extended family or immediate family only; and on the level of information disclosure to the family.

2.24 It is important to understand that FLOs are not at liberty to disclose to family members all information held within the Major Incident Room (MIR). SIOs will direct them in this, in order that specialist knowledge (i.e. facts known only by perpetrator and investigators) is not inadvertently made public. Furthermore, family members may be key witnesses and the amount of information that can be given to them may be constrained by that fact.

2.25 The FLO is an integral member of the enquiry team, and one who provides a single point of contact for the victim's family. FLOs should be introduced to families as soon as possible but are not normally responsible for the initial contact nor for informing a family that a death has occurred. They will usually guide families through identification of the victim's body, obtain details of the victim's background, and attempt to satisfy the families' need for information.

2.26 The primary function of a FLO in a homicide case is that of an investigator. In carrying out the role in a sensitive and sympathetic fashion, a FLO will endeavour to identify and to facilitate all necessary practical measures of support that a family requires. Under no circumstances should a FLO act as counsellor to a family member.

2.27 The deployment of a FLO is a short-term measure designed to satisfy the needs of both the family and the police investigation. When the objectives have been achieved the FLO will implement an exit strategy in order to withdraw from contact with the family. It is recognised that there is the potential for a family to become over-reliant on a FLO, to the ultimate detriment of that family.

2.28 In recognition of the emotional demands placed on FLOs, they should attend mandatory debriefs with force welfare or occupational health units as required by SIOs.

2.29 Three principal roles have been identified within the Murder Investigation Manual as crucial for the effective performance of a family liaison strategy:

• Senior Investigating Officer (SIO) - The lead officer in an enquiry team accountable for the strategic direction, tactical management and ongoing performance of all facets of a major investigation. They provide investigative focus, co-ordinate and motivate all elements of the enquiry team whilst managing a whole host of specialist resources to maximum effect. Within a structured framework, the SIO is responsible for planning and defining a number of key investigative strategies in an enquiry, one of which is the family liaison strategy.
• Family Liaison Co-ordinator (FLC) - The co-ordinator should be responsible for:
• • the administrative supervision of the family liaison scheme;
  • assisting and advising the SIO in the co-ordinating and communication function in complex cases with multiple deployments of FLOs;
  • maintaining a register of all FLOs detailing their lifestyle diversities, ethnic/cultural origins, nature and experience of previous FLO deployments, details of any other skills and qualifications and current availability; and
  • providing a support and advice point for FLOs.
• Family Liaison Officer (FLO) - A specialist duty undertaken by an appropriately qualified and skilled police officer who volunteers for the role. A FLO is principally an investigator, in a chosen field, trained to identify and deal with the various stages of grief and anger usually associated with an unexpected violent bereavement. The role of the FLO involves the day-to-day management of the partnership with the family in the investigation and close liaison with the enquiry team to ensure families are treated appropriately, professionally and with respect in consideration of their needs.

2.30 These are now complemented by the role of Family Liaison Mentor (see paragraph 2.19).

Road Death Investigation Manual

2.31 The ACPOS Road Death Investigation Manual will give a substantial commitment to the provision of FLOs where road death has occurred, irrespective of the complexity of the investigation or incident. This is a significant shift in policy, and the operational implications for forces should not be under-estimated. The deployment criteria as they currently stand, will require to be amended to reflect this commitment.

2.32 The aim of a road death investigation (in family liaison terms) is now defined as being:

" to ensure that families of victims are provided with the highest level of support from trained officers dedicated towards the provision of family liaison".

2.33 The manual is similar to the Murder Investigation Manual in that it provides guidance to the officers who function as SIO and FLO. The importance of the delivery of a death message, and of the provision of information that meets the family's immediate needs, is highlighted. The SIO is responsible for setting the family liaison strategy and clarifying the objectives for the liaison. These may include:

• keeping the family fully up to date with the developments of the investigation;
• in some cases obtaining full family background and other relevant details;
• ensuring the investigation is not compromised by the injudicious disclosure of information; and
• ensuring support is provided both through the FLO and other agencies such as Victim Support.

2.34 Specific guidance is given on cultural considerations and language issues.

ACPOS Racial Diversity Strategy

2.35 A racial diversity strategy and associated guidance manual ¹⁹ was published by ACPOS in 2000 in response to recommendations made within the MacPherson Report. Commitment is given to the use of FLOs in the investigation of "the most serious crimes and incidents" whether or not a death has occurred. Selection of officers and identification of core tasks for FLOs is in accordance with the ACPO Family Liaison Strategy and the Murder Investigation Manual. Such tasks include:

• obtaining relevant background details of victim and family members;
• acting as a consultant to the family in respect of legal procedures (pertinent to the enquiry);
• acting as a consultant to the family in respect of police investigation procedures;
• ensuring the family receive appropriate written guidelines and information;
• advising the family on the progress of the investigation;
• advising the family on the existence and role of appropriate support agencies and how to contact them;
• acquiring and documenting all relative intelligence and evidence related to the family and people associated with it;
• ensuring that all such intelligence and evidence is appropriately and timeously submitted.

2.36 The principal guidance notes from the Racial Diversity Manual are reproduced below:

• The Senior Investigating Officer, at the beginning of a major investigation, should formulate a family liaison strategy, which should be the subject of regular review.
• Whenever possible fully trained Family Liaison Officers will be deployed during major investigations. Forces are strongly encouraged to consider the use of mentors for FLOs.
• Family Liaison Officers should be dedicated primarily to this role for the duration of the investigation. Any decision to deploy FLOs on duties unconnected with the family should be recorded by the SIO or their deputy in the Policy File, which should include the rationale supporting this decision. The FLOs themselves should also record such duties.
• The Senior Investigating Officer and/or their deputy, during a major investigation, notwithstanding the deployment of FLOs, should maintain personal contact with the victim's family in order to assess the quality of service provided, intervene to address or remedy any complaint or dissatisfaction and prevent any perceived marginalisation.
• Complaints from family members, together with actions taken to remedy or address those complaints, should be recorded in the investigation policy file by the SIO or their deputy. Requests from family members that are declined or acceded to should similarly be recorded together with supporting rationale. Any complaint or denied request should be notified to the Senior Investigating Officer's line manager.

Lord Advocate's Guidelines to Chief Constables

2.37 In January 2002, the Lord Advocate issued revised composite guidelines to chief constables ²⁰ on:-

1. investigation and reporting of racist crime;
2. assessment of language needs and cultural sensitivities; and
3. death reports and associated crime reports.

2.38 This guidance directs the police in death cases, to advise the Procurator Fiscal when a Family Liaison Officer has been appointed, and to specify the next-of-kin and other individuals to whom communication should be directed. Any requirement for interpreting or translating should also be notified. In cases where the deceased's family appear to have specific cultural or religious needs, their ethnic and religious background should be clearly specified to ensure that liaison is sensitive to their needs.

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