The Scottish Government

« Previous | Contents | Next »

Listen

Relatively Speaking
A thematic inspection of Family Liaison in Scotland

CHAPTER 3: SERVICE PROVISION

LEADERSHIP

Accountability/Organisational Structure

3.1 With the Murder Investigation Manual defining family liaison policy in Scotland, the remit for the provision of the family liaison service logically fell to crime management or criminal investigation departments within the eight Scottish forces. Consequently, strategic responsibility for service delivery rested with the functional heads of those departments whose rank ranged from assistant chief constable to detective superintendent.

3.2 The manual recommends that a co-ordinator for Family Liaison Officers should be appointed at "senior manager" level and that the appointee, whenever possible, should have had experience as a Family Liaison Officer. HMIC noted that each force had appointed a manager to act as a Family Liaison Co-ordinator (FLC) in line with this recommendation.

3.3 HMIC found great disparity in the relevant background experience of FLCs, with the majority of forces appointing Senior Investigating Officers (SIOs) from within crime management departments as their co-ordinators. In addition to bringing relevant investigative experience to the role, each had undertaken the SIOs course at the Scottish Police College, which includes inputs on family liaison. Two forces had co-ordinators that were trained Family Liaison Officers, however in both cases they were of detective constable rank. One force had appointed a senior officer from outwith the crime management structure who had no experience of major crime investigation or background in family liaison. Few forces had nominated deputy co-ordinators.

3.4 For reasons of size and numbers Strathclyde Police have delegated some of the co-ordination functions from the Family Liaison Co-ordinator, to divisional detective chief inspectors. These in the main relate to selection of Family Liaison Officers for individual deployments and the maintenance of divisional records of deployments.

3.5 The role of FLC involves the day-to-day management and administration of FLOs within respective forces. Without exception, co-ordinating functions were one of a number of tasks undertaken within wider portfolios. HMIC noted that in addition to their functional roles, a number of co-ordinators had effectively been delegated additional responsibility for development of their forces' family liaison policies and strategies, and for their implementation. HMIC considers that family liaison is sufficiently important to demand the nomination of a senior officer in each force to take strategic responsibility for the development and implementation of policy. A clearly defined separation of responsibility would undoubtedly provide consistency in the provision of family liaison services by Scottish police forces.

PEOPLE

3.6 ACPO strategy provides that those performing the role of Family Liaison Officer must always act with the highest degree of professionalism and carry out their duties with great sensitivity. The role can be demanding, emotionally challenging and stressful, and FLOs should be volunteers with a clear and reasoned motive for wishing to train and operate in the role. Careful consideration must therefore be given to the suitability of those officers whom forces select for training.

Selection & Recruitment

3.7 HMIC found that forces were using variations of the FLO role description suggested by Richard Mason in his original research ²¹ in 1998, which is no longer replicated in the current Murder Investigation Manual. ²² An occasional lack of clarity was also apparent, with regards the tasks that FLOs were expected to perform, and indeed what the core functions of the role actually were.

3.8 The use of a person specification for FLOs was similarly variable with significant differences (where in use) across forces in the criteria required of applicants. The ACPOS Family Liaison Working Group previously submitted a proposed FLO person specification to the Investigations Sub-Committee for consideration but this was never formally adopted.

3.9 The elements of a role description and a person specification for force Family Liaison Co-ordinators exist in the Murder Investigation Manual and are summarised in Chapter 2 of this report.

3.10 For the integrity of the selection process for FLOs and force co-ordinators, it is essential that clearly documented role descriptions and person specifications are both available and actively utilised.

3.11 Methods for recruiting FLOs varied from force to force. At best, vacancies were advertised within force publications or on intranet sites, with presentations being given to interested officers by the force FLC; at worst, vacancies had never been advertised or promoted in any way. In order to ensure the best available candidates are selected for training, it is essential that there is force-wide awareness of the role and of the necessary qualifications, and as such regular efforts should be made to encourage suitable candidates to volunteer for the role.

3.12 Only Strathclyde Police was found to have adopted a full selection process for FLOs involving the elements of:

• formal advertising of posts;
• use of the standard ACPOS application form;
• divisional and HQ scrutiny of applications;
• interview of suitable applicants;
• selection of candidates against person specification.

3.13 In other forces, one or more of these elements were present. HMIC believes that the adoption of such a selection process would best serve the requirements of forces, and thereby address the needs of families.

3.14 No force has instigated tenure of post for FLOs, and only a very few individuals have formally withdrawn themselves from the role. The services of a greater number of FLOs have been lost to forces through promotion and transfer of officers. The maintenance of a register of FLOs is a duty for force co-ordinators, and it is good practice for them to meet with each FLO at least annually to establish whether he or she should remain on the register, and any constraints on deployment that should be imposed. It must be possible for a FLO to withdraw from the role, either temporarily or permanently, without any stigma being attached to such a course of action. HMIC believes that the nature of the role does not lend itself to tenure.

Training

3.15 All FLOs attend a 5-day Family Liaison Officers course at the Scottish Police College, which prepares them for dealing with families who are bereaved and traumatised by homicide or suspicious death. The theme of diversity, including racial diversity, runs throughout the curriculum. The learning outcomes may be relevant to other non-suspicious deaths, and to some other serious crimes. A small number of traffic officers have attended the course although no specific training is given in road or child death.

3.16 HMIC found that the course was of great benefit to officers, and has been instrumental in promoting recognition of a Scottish FLO cadre and the delivery of a national standard of service.

3.17 Family Liaison Mentors attend a 5-day mentoring course at the Scottish Police College. The curriculum exposes them to generic principles of mentoring and attempts to apply that learning to their own experiences as FLOs, in order that they may support others in the field. The effectiveness of the course is still being evaluated.

3.18 No force Family Liaison Co-ordinator has received training to enable them to function in that role. The logistics would perhaps suggest that the establishment of a Scottish course would not be sustainable. HMIC understands that Avon & Somerset Constabulary are developing a co-ordinators course, and believe it may be worthy of consideration for Scottish forces.

3.19 The Senior Investigating Officers Course is held at the Scottish Police College for detective inspectors, and for more senior detective officers who have not previously attended the course. The curriculum prepares officers in the setting and development of strategies for the investigation of serious crime, and includes instruction on family liaison issues.

Communication

3.20 The Scottish Police College hosts an annual one-day conference for all family liaison practitioners. Most FLOs find this facility useful as a means of developing their professional knowledge and competence. In addition, some forces held regular in-house meetings for local practitioners.

3.21 HMIC sees value in such gatherings, not only for the dissemination of knowledge, but crucially as a visible measure of support for officers who carry out stressful duties in isolation from their colleagues. The development of force intranets also provides opportunities for dissemination of knowledge and good practice which could enhance the effectiveness of FLOs. As yet, no force has made the most of the intranet potential, and FLCs should address this issue in the course of their duties.

POLICY & STRATEGY

Strategic Documents

3.22 The Murder Investigation Manual (see paragraph 2.22) was the measure against which HMIC reviewed the performance of forces during inspection.

3.23 Chapter 8 outlines the aims and objectives of family liaison, principally in the context of suspected homicide investigations, and describes in detail the roles and responsibilities of the Senior Investigating Officer, Family Liaison Officer and Family Liaison Co-ordinator. The fundamentals behind the operational deployment and tactical management of Family Liaison Officers are described in more detail within the context of these roles. The manual functions on the premise that FLOs are trained to national standards, therefore, no mention is made within it of the selection criteria and processes for recruiting and training for the role.

3.24 HMIC found that six Scottish forces had developed stand-alone policy documents outlining their organisation's approach to the delivery of family liaison. The majority of these documents broadly replicate the aforementioned chapter 8, in the way that the roles and responsibilities of the key players are set out and defined.

3.25 Those forces without policy documents and strategies are progressing development of them.

3.26 For purpose of clarity and expression of commitment, HMIC considers it good practice that forces have clear policy documents detailing their family liaison policy and strategies.

3.27 In policy terms, HMIC recognises as good practice the detailed and documented approach to family liaison advocated by Dumfries and Galloway Constabulary. The force has a documented Family Liaison Policy supported by a separate and comprehensive Family Liaison Manual of Guidance. Together these documents expand upon the principle roles of family liaison, as defined within the Murder Investigation Manual, and embody detailed role descriptions and person specifications for Family Liaison Officers. The selection process for recruiting FLOs is also documented, as are the procedures for call-outs and provision of occupational health and support. In formulating these documents the force has taken cognisance of the Home Office research into family liaison, noted at paragraph 2.2.

3.28 The ACPOS Racial Diversity Strategy and Guidance Manual provides standards for family liaison in investigations of racially motivated crimes and incidents. The guidance is essentially a summary of principles of practice, which are consistent with the Murder Investigation Manual. However, it commits forces to the deployment of Family Liaison Officers in "the most serious racist crimes and incidents". Such "crimes" and "incidents" are undefined leaving open the possibility of doubt and confusion in terms of interpretation and consistent approach.

3.29 The forthcoming ACPOS Road Death Investigation Manual (see paragraph 2.31) includes a commitment that the deployment of FLOs should be considered during the investigation of every collision involving a fatality, potential fatality or life changing injury. The following extract from the family liaison chapter describes an example of the circumstances where deploying a FLO to road death would be recognised as good practice:

" The trauma associated with such a sudden, unexpected tragedy is immense and the needs of the investigation may make heavy demands for information on other members of the family who may have been involved. In many cases, the public interest generated by the incident and the resulting death may mean that the media will make additional demands upon the family. For these reasons it is recognised as good practice to appoint a Family Liaison Officer to work with both the SIO and the family to provide support and information".

3.30 The manual lacks clarity in terms of detailing the deployment criteria for FLOs. The broad principles in the foregoing extract reflect a significant majority of, if not all, road deaths. Policy could therefore be interpreted as a thinly veiled commitment to the deployment of FLOs in all road deaths, without saying as much. If confirmed, then forces face significant implications in terms of the resourcing, training and logistics of deployment. HMIC considers that forces should undertake a structured review of the implications of such a policy.

3.31 HMIC recognises that rapid developments in the field of family liaison are impacting on different disciplines within policing, and acknowledges that its application may differ substantially across disciplines. It is desirable that there should exist a means of co-ordinating developments.

Criteria for Deployment

3.32 The Murder Investigation Manual acknowledges that family liaison principles are not restricted to suspected homicides but eminently transferable to other types of investigations such as road deaths and large-scale disasters.

3.33 HMIC found great variance amongst forces in their criteria for deploying Family Liaison Officers. A number of force policy documents (where they existed) committed only to the deployment of FLOs in suspected homicides, whereas others had more specific and detailed criteria, including for example deploying to road deaths, suicides and cot deaths.

3.34 In April 2000 the ACPOS Investigations Sub- Committee tasked its Family Liaison Working Group with establishing deployment criteria for the use of Family Liaison Officers. In November 2000, the Sub-Committee endorsed the Working Group's proposed criteria and remitted it to the ACPOS Crime Standing Committee for consideration. The deployment, criteria endorsed by the Sub Committee, is reproduced in full hereunder.

Family Liaison Officers should be deployed in the following cases:

1. murder;
2 suspicious deaths where there is obvious or apparent criminality;
3. missing person enquiry where there is reason to suspect foul play;
4. rape or other serious crime where full communication cannot be established with the victim, whether by reason of age or special needs or physical injury;
5. any other criminal enquiry where deployment of a FLO would be beneficial to the progress of the enquiry;
6. deaths in police custody.

The deployment of Family Liaison Officers may also be considered in other types of non-criminal deaths where communication has to be maintained between police and family of the deceased for an extended period. As the availability of trained FLOs will inevitably be limited, careful consideration should be given to their use in relation to non-criminal deaths. In the following cases FLOs may be deployed:

1. death which is likely to be subject of a Fatal Accident Inquiry;
2. multiple deaths due to public transport accident;
3. any death which is likely to raise serious public concern, and generate significant and sustained media interest;
4. deaths resulting from a road traffic accident where deployment would significantly enhance the quality of the police enquiry.

In the case of (2) above, it may be necessary to deploy untrained officers to the role, with trained FLOs acting as Team Leaders providing guidance and supervision.

3.35 To date, the aforementioned criteria have not been formally adopted by ACPOS.

3.36 HMIC considers that, notwithstanding the aforementioned criteria, FLOs should also be deployed to the victims or families of police shootings and police-related road deaths, in addition to deaths in police custody.

3.37 Great care must be taken in the selection, briefing and supervision of FLOs undertaking such deployments. In particular, those dealing with and countering, not only potential hostilities towards the police service, but also the question and perceptions of the ability of the police to impartially investigate the alleged events. The importance of a family liaison strategy in these circumstances cannot be overstated and will invariably extend far beyond the scope of any criminal investigation and include, for example, police complaints and misconduct inquiries.

3.38 A recent report published by the Police Complaints Authority ²³ for England and Wales alludes to legislative changes, introduced under The Police Reform Act 2002, which gives next of kin the same rights to receive information on the progress and handling of complaints or recordable conduct matters, as complainants. While this applies to England and Wales, HMIC would view such disclosure of information in Scotland as good practice.

3.39 In cases of a more sensitive nature, whether criminal or otherwise, it will be incumbent upon senior management to ensure that responsibility for overseeing the progress of an investigation, and of victim or family liaison arrangements, sits higher up the hierarchical order.

3.40 In certain circumstances it may be necessary to extend a family liaison strategy into a community liaison strategy, particularly where there is a need to encourage witnesses to come forward or to try and redress attitudes caused by misinformation.

3.41 HMIC considers it essential that the Scottish Police Service has national criteria for the deployment of Family Liaison Officers to ensure a standardised and consistent approach to the delivery of a quality family liaison service across Scotland.

Family Liaison Mentoring

3.42 One of the most important issues that a Senior Investigating Officer will require to consider from the outset of a homicide investigation is the provision of support to the family of a deceased. The trauma associated with a sudden and unexpected tragedy will place the family of a victim under immense personal pressure at a time when the needs of the investigation will make heavy demands for detailed quality information.

3.43 The role of the Family Liaison Officer is both sensitive and complex and involves balancing the needs of the family with the requirement to gather evidence and preserve the integrity of the investigation. Working with a family can be demanding and stressful and the FLO can become emotionally affected by performing the role, especially in protracted or complex investigations.

3.44 The Murder Investigation Manual states that the SIO has a duty of care and an obligation to support and constantly monitor the health and welfare of Family Liaison Officers. In doing so the SIO should be alert to the dangers of undue stress levels being maintained by FLOs as they are exposed to the needs and raw emotions of the bereaved.

3.45 It was acknowledged that in many instances the Senior Investigating Officer possessed a lack of knowledge and understanding of the family liaison role and therefore was not always best placed to provide the necessary support. The requirement for a means of specialist support was identified, which met the needs of the FLO but did not negate the duty of care bestowed upon the SIO. In practice, however, mentoring of FLOs was being carried out essentially on an ad-hoc basis by other FLOs.

3.46 In January 2001 this prompted the ACPOS Investigations Sub Committee, to task its Family Liaison Working Group with a remit to "consider and make appropriate recommendations regarding mentoring and support for Family Liaison Officers".

3.47 The Working Group submitted its report in December 2001 with the principal recommendation that "the Association of Chief Police Officers in Scotland introduce a policy for the mentoring of Family Liaison Officers as one element of the FLO support system". A further recommendation defined what mentoring meant and highlighted particular categories of enquiries where deployment of a mentor should be considered. The report concluded with a suggested role description and person specification for the post.

3.48 The report was endorsed by the Investigations Sub Committee in January 2002 and remitted to the Crime Standing Committee for consideration. As yet the recommendations have not been formally adopted by ACPOS.

3.49 It should be noted that in the intervening period the Scottish Police College designed and delivered its first Family Liaison Mentors Course to 13 students in May 2002.

3.50 Although at a comparatively early stage in practice, it is desirable that there should be some measure of consistency by forces in the selection and deployment of mentors to FLOs.

Murder Review Policies

3.51 The Major Incident Room Standardised Administrative Procedures (MIRSAP) manual provides guidance for running a Major Incident Room (MIR). Chapter 14 sets out procedures for conducting major crime reviews, principally for unsolved serious crimes.

3.52 The fundamental objective of any review is to constructively evaluate the conduct of an investigation to ensure:

• it conforms to nationally approved standards;
• it is thorough;
• it has been conducted with integrity and objectivity;
• that no investigative opportunities have been overlooked: and
• that good practice is identified.

3.53 Part of any review would involve analysis of all strategic elements of the enquiry, including the family liaison strategy.

3.54 The MIRSAP manual advises chief constables to ensure clear policy exists to reflect individual force expectations in relation to the conduct of major crime reviews. HMIC noted that one force did not routinely carry out such reviews, whilst great variance existed amongst the remaining forces in their approach and commitment to this aspect of policy.

3.55 HMIC views as good practice, and in keeping with MIRSAP guidance, that family liaison is included whenever major crime reviews are being undertaken (see paragraph 3.162).

Communication and Implementation

3.56 HMIC recognises as good practice those forces whose family liaison policy and related guidance documents are accessible via force intranet systems, in particular those forces that have systems equipped with suitable search facilities that enables practitioners to readily access relevant and up-to-date information.

PARTNERSHIPS & RESOURCES

Number of Family Liaison Officers

3.57 Since the Scottish Police College first embarked on the training of Family Liaison Officers in 1999, a total of 215 officers ²⁴ throughout Scotland have been trained in the role. Within this number, a fairly equitable divide is apparent in terms of gender and operational background, with 56% being male and 46% female. Those with experience in criminal investigation departments and specialist child protection units accounted for 45% whilst the remaining 55% were drawn from various uniform roles.

3.58 However, when the total number was disaggregated by force, a less than equitable spread of operational backgrounds was apparent, with a predominance in some forces towards detective officers and, of more concern, one force where, with the exception of their Family Liaison Mentor, all their FLOs were uniform officers.

3.59 HMIC considers that, not withstanding the significant requirements for FLOs to be conversant with major investigation procedures for deployment on homicide enquiries, drawing upon all investigative specialisms for suitable officers brings significant advantages to forces in terms of capacity to respond to diverse demands.

3.60 There are no FLOs in the Scottish Police Service from an ethnic minority background. This may be a reflection of inconsistencies in the promotion of the role within forces, although it must always be remembered that the role is entirely voluntary.

3.61 In general, forces were satisfied that they had sufficient and available numbers of FLOs to meet demands. This, however, related principally to deployment on homicide investigations. The ability of forces to deploy to a greater breadth of incidents, without over-using FLOs or utilising untrained officers, is less certain; hence the necessity for forces to ensure promotion of the role in order to encourage more officers to volunteer for it.

3.62 HMIC notes that Strathclyde Police have proportionally fewer FLOs, as a percentage of force establishment, than any other Scottish force - with just under 1% of officers trained in the role. Comparative figures for other Scottish forces range from 1.4 - 2.5%. Given the relative incidence of homicide in the Strathclyde Police area (64% of all Scottish homicides 1997-2001) ²⁵ an increase in FLO establishment in that force would be a worthy objective. The following graph illustrates relevant force establishments.

Fig 1: FLO Resources by Force

Scottish Police College

3.63 The Scottish Police College facilitates an annual conference of all Scottish family liaison practitioners. This provides an opportunity for Family Liaison Officers, Mentors and Co-ordinators to update their knowledge of developments in the field, and to learn from the experience of others.

3.64 The Thematic Inspection Team attended the 2002 conference in September and was particularly impressed with the informative and thought provoking study of the Sarah Payne murder enquiry provided by FLOs and their co-ordinator from Surrey Police. The conference was well attended and considered by FLOs as worthwhile and extremely valuable in terms of their professional development.

3.65 During inspection visits to forces and training centres, HMIC regularly encountered FLOs eager to recount their experience of unusual or difficult deployments, and innovative solutions found to unique or awkward situations. An obvious wealth of specialist knowledge was apparent amongst FLOs but no structured means existed of harnessing it for the benefit of a wider FLO audience. HMIC found that, although FLOs had established informal networks within their own forces, there was very limited contact and exchange of information outwith.

3.66 Respondents to the FLO questionnaire were asked how examples of good practice or the learning experience of others was communicated to them. Most commonly mentioned methods were force meetings, annual FLO seminars or "word of mouth". The following graph more fully illustrates respondent's answers.

Fig 2: Communication of Good Practice

3.67 In a similar vein, respondents were asked how or where they would go during difficult or complex deployments to access guidance, examples of good practice or persons with specialist knowledge in dealing with a particular type of incident. The most common response (48%) was other FLOs, followed by their FLC (29%). SIOs were mentioned by only 3% of respondents.

3.68 HMIC considers that the establishment of a Scottish family liaison database of deployments would provide a library of knowledge of potential benefit to practitioners (FLOs, SIOs and FLCs) dealing with hitherto unknown situations, and the Scottish Police College may be ideally placed to maintain such a database.

3.69 The overwhelming majority of questionnaire respondents (89%) agreed with the need for a Scottish Data Register as a means of accessing specialist knowledge, learning from examples of good practice or from the experience of others.

3.70 The diversity of approach to family liaison issues amongst forces is significant, and it may be that the lack of any formal forum for force co-ordinators has been a contributory factor. HMIC believes that such a forum could only be of benefit.

National Crime and Operations Faculty

3.71 The National Crime and Operations Faculty (NCOF) is based at Bramshill, and provides a central source of contacts and good practice for all aspects of major investigations. Two Scottish liaison officers are based at the Scottish Police College. The faculty has two National Family Liaison Advisors on secondment from forces with a role that encompasses the provision of strategic and operational advice on family liaison matters.

3.72 HMIC found that no Scottish force had ever utilised the services of the NCOF (nor its predecessor, the National Crime Faculty) regarding family liaison. Whilst it should not be necessary to contact the national advisors routinely, there will undoubtedly be cases where liaison is of potential value. Examples may include, mass transport disasters or the death of a foreign national where elements of cultural diversity, liaison with foreign authorities or heightened community tensions might exist.

Other Agencies and Organisations

3.73 It is essential that close working relationships exist between the police and Procurator Fiscal services, in order that the continuum of the criminal justice process is sensitive to the needs of victims and their families.

3.74 In the context of family liaison, this link is clearly functioning effectively where the Victim Information and Advice (VIA) service has been established (see paragraph 5.8). In the absence of VIA, the effectiveness of police - Procurator Fiscal Service liaison has been much more variable.

3.75 HMIC notes that Doctor Jandoo's report recommended:

" There should be a more structured system of communication and liaison between the Procurator Fiscal and the police, from the earliest stages of an investigation right through the trial, and in particular with police Family Liaison Officers."²⁶

3.76 Crown Office and ACPOS are actively working towards that goal.

3.77 It is the firm opinion of HMIC that the rollout of the VIA service provides an outstanding opportunity for a structured link between police and prosecution services, which is capable of providing for the needs of victims.

3.78 There are a number of voluntary support and self-help organisations that may legitimately be viewed as partners of the police service in family liaison terms. Victim Support Scotland (VSS) with its twin objectives of providing practical and emotional support for victims of crime, is perhaps the best known. In addition, several groups provide support on a more limited or localised basis. HMIC found strong bonds between such organisations and the police service in some areas of Scotland but conversely a lack of communication, and perhaps trust, in others. There would appear to be a dearth of peer support groups outwith the central belt.

3.79 Local authorities are undoubtedly partners of the police service in addressing crime and disorder, and partnership links are well established throughout Scotland. Very little evidence was found of police engaging with local authorities, using existing mechanisms, to address and support families' needs, particularly in areas such as social work, education and housing.

Working with Intermediaries

3.80 When there is no direct dialogue with the family there is generally an intermediary acting on their behalf, often a family friend, solicitor or community leader. The wishes of the family must always be respected in this regard. The family may find it more comfortable and less traumatising to communicate through an intermediary.

3.81 Experience of dealing with intermediaries was fairly widespread among respondents to the FLO questionnaire, with more than two thirds (68%) having done so.

3.82 Learning points gleaned from such experiences were highlighted by 45% of respondents. Of these, a number were factual comments such as the need to designate one single point of contact and the realisation that other external agencies can help in the family liaison process. Positive comments included, the usefulness of using intermediaries at an early stage, the help they can give to the FLO and the opportunity for the FLO to overcome previous hostilities towards the police. Of the instances where comment was wary or negative, the overriding concerns stemmed from difficulties in establishing the trust and reliability of the intermediary and ensuring that information passed on to the family was accurate.

3.83 Whilst difficulties in family liaison involving third party intermediaries can be frustrating, SIOs must maintain a positive and professional approach. It is important to recognise the reality of a breakdown in trust between the family and the police and to pursue every avenue to foster good relations. It is imperative that SIOs guard against allowing the lack of direct contacts with families to cloud their perceptions and instead focus on providing support and sustaining an effective investigation.

« Previous | Contents | Next »