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Relatively Speaking
A thematic inspection of Family Liaison in Scotland
CHAPTER 4: VICTIMS' VIEWS
RESEARCH STUDY
Introduction
4.1 At the outset of the thematic inspection it became apparent that, although extensive research had previously been carried out with victims of crime, little was known of the needs and expectations of families of victims who had died. Similarly, although police forces review both solved and unsolved investigations, including the effectiveness of family liaison, no force has adopted a practice of retrospectively seeking out the views of bereaved families on how well their requirements were met, whether by the police service in particular or by the criminal justice service in general.
4.2 In an effort to address this gap and to more fully inform the inspection process, HMIC commissioned a research project based on a case study review of a number of incidents where Family Liaison Officers had been deployed. All Scottish forces contributed to a pool of 17 cases, which included murders, rape, road deaths and missing person enquiries.
4.3 The case study analysis was undertaken by independent professional researchers, based on face-to-face interviews with those family members who had been in receipt of the family liaison service, and aimed to achieve the following objectives:
- to identify the needs and expectation of the family members in cases where FLOs were deployed; and
- to identify how, and to what extent these needs and expectations were met.
4.4 The intention of the exercise was to draw conclusions on the extent to which the service offered by FLOs in the Scottish Police Service responds appropriately, professionally and with respect and consideration of victims and their families' needs, and to identify any areas for improvement.
4.5 The case study approach helped paint a picture of the needs and expectations of the families in the cases analysed, and of the actions taken by the FLOs to meet them. It is, however, acknowledged that the research findings may not necessarily be representative of all cases in which FLOs are deployed.
Needs of the Families
4.6 The families of the victim (and the victim themselves in one case) identified a range of varying needs at different stages of the process, from learning of the incident to dealing with the aftermath. Although the cases differed in detail (some involved a period searching for a missing person, for example, and in some there was a trial, while in others there was not), a number of common threads emerge. These can be identified as a strong need for:
- information - what happened, how did the victim die, what was being done, etc;
- being involved and keeping busy;
- emotional support - helping the victim or the family member to deal with the emotions arising from the incident;
- support during the trial; and
- practical help and assistance - helping with registering the death, offers of transport, assistance in dealing with the media, etc.
Information
4.7 All of the family members interviewed reported a strong need for information at the early stages of the event. Where a report of a missing person was involved, the need was for detailed information about the progress of the search. Where a body had been found, or a death identified, the need was for as much detail as possible about how the death came about, who did it, for what reason, and the cause of death. In some cases families placed no bar on the extent of the detail they were looking for. A few, however, were clear that they didn't want to know the more "macabre" details - though even in these cases, there was reference to needing to know that they could access the details later if required.
4.8 As the investigation progressed, the need for information continued unabated, but changed in nature, to becoming a need to know about the processes involved - of the investigation, of the process for dealing with the death, of the procurator fiscal's involvement, and of the court process itself.
4.9 Despite the strong interest in, and demand for information, the emotional state of the family members at the time often meant that they didn't entirely take in the answers given to their questions. One family member talked of writing her questions down, so that she would remember to ask them, but none talked of writing down the answers.
4.10 In some instances, family members were themselves potential suspects and this created an ambivalence in their approach; on one hand, they still wanted to ask the FLOs for detailed information, but on the other, felt they had to be guarded about what they said for fear of it being used in evidence. In such cases, as well as in instances where the family members might be called as witnesses, the FLOs, other police officers and procurators fiscal were particularly guarded in the information they provided. In some instances, this was made clear, but not in others, and this later gave rise for concern that the FLO (or other information provider) had not been as frank or honest as they could have been.
Being Involved/Keeping Busy
4.11 In most of the cases in the study, the family member found the earlier stages of the event easier to cope with than the later stages. Initially, they keep themselves busy by seeking out the detailed information they need, by being involved in the inevitable to-ing and fro-ing of the investigation process, and by actively busying themselves with the family or with the search or investigation. A number talked of keeping busy, and how this helped them cope with the emotional upheaval experienced, and some managed to extend this throughout the investigative process, trial and beyond. But for most people, the trial marked an end to the activity of the event, and where they had relied on keeping busy as a means of coping, found themselves after the trial with a heavy emotional burden. Some claimed at this stage "I just fell apart". This need for active involvement was equally applicable to families of missing persons.
Emotional Support
4.12 The form of emotional support needed varied from person to person, and there was little general pattern between cases, other than to identify that the need for emotional support tends to manifest itself some months after the event, rather than at the time or immediately thereafter.
4.13 Most of the family members interviewed reported not needing any external emotional support in the first months after the event. Initially, their need was for information about the event and the police investigation, followed by their dealings with the procurator fiscal and finally the trial. Where strong need for emotional support became evident, it tended to be after the trial, or inquest in other cases.
4.14 Most interviewees looked to their own families for their first line of emotional support - not necessarily resulting in the family getting together, but apparently just knowing that the family was there, and having telephone contact, can be enough. In a few instances, the family members talked of not needing external support, of a feeling of self-sufficiency, or of not wanting to discuss their problems with strangers. For some this tended to be re-enforced when they attempted to make contact with support groups, and the result was less than beneficial. Those who contacted support organisations more specific to their own experience tended to be more satisfied with the outcome, and in some cases continued their contact for a considerable time.
4.15 In a few cases, it was clear from the interview that family members were suppressing their emotional needs, and were dealing with them by ignoring what had happened or by suppressing their feelings in some other way.
4.16 The key point to emerge is that the emotional needs of the victims' families are greatest at the point when all support and contact from the judicial system ceases or is withdrawn.
Support During Trial
4.17 In most cases where a trial, or court hearings was involved, the family members talked very negatively about their experience. Their needs centred round de-mystifying the legal jargon, understanding the court processes and of being treated appropriately. Nearly all talked about the court process, in their eyes, being centred around the accused; of trail dates being repeatedly changed, of defence lawyers devaluing the memories of their loved ones, of not being able to convey their feelings to the court, and of instances where they had been expected to share a waiting room with the accused's family.
4.18 What families primarily required during a trial was the provision of relevant information, about what evidence would be led, the sequence of events, coupled with an explanation each day of what had happened and why.
4.19 Most of all, families need to be recognised as people who have lost someone precious to them, and expect that they are treated with dignity and compassion whether they are giving evidence or observing in court.
Practical Needs
4.20 The practical needs of family members were many and varied and in practice few were identified by the individuals themselves, but instead through the actions of the FLOs (or of others), which they found helpful. Most families interviewed had never heard of family liaison and consequently had no preconception of the service, or of the needs it could meet.
4.21 For most, identifying the body of their relative was a very difficult task, and help was required beforehand to prepare for the task. Even so, most found it traumatic, made worse by the fact that a glass viewing screen meant that they were unable to touch the body.
4.22 The strong need for support with identification of the body contrasted strongly with the clear need for family members to make their own arrangements for the funeral. Although assistance with funeral arrangements was offered in most cases, it was accepted in none. Most families were categorical about the funeral arrangements being "their responsibility".
4.23 The majority of families found the media intrusion difficult to cope with and most were taken aback when confronted by the full glare of publicity that high profile cases invariably generate.
4.24 In a number of cases the active participation of the media was needed - to help find a missing person, or to help find the perpetrator of a crime. In these cases, the families required assistance from the police in dealing with the media in a constructive way, and this was invariably handled through force's Press Officers and by organising press conferences.
4.25 Other practical needs identified were:
- help with delivering a death message to other family members;
- using unmarked cars for visiting the family or for offering transport;
- help with obtaining a death certificate and with registering a death;
- help with recovering the victim's possessions;
- interpreter services for people who do not speak English fluently; and
- the need to know that "someone's there" if the family need them.
Response of the Family Liaison Officers
Introduction
4.26 The views of individuals and families interviewed in the case research was overwhelmingly positive in terms of the help and support offered by FLOs - raising particular comments about their sensitivity, helpfulness, resourcefulness, and understanding. In all but two cases, the individuals concerned spoke highly of the FLOs involved, and in the two cases, one was attributable possibly to the coping strategy which the individual adopted, and the other involved family members who were themselves suspects in the case, and this influenced the relationship that the family had with FLO.
4.27 The examination of how FLOs responded to the needs of the individuals and families must therefore recognise the overwhelmingly positive feedback reported. The points in each case where the FLOs could potentially have offered a better service are relatively minor in comparison.
Breaking the News
4.28 In most of the cases studied, the police were responsible for delivering the death message to the victims' families. Where this was done, the families reported it had been handled extremely well, sensitively and with care, and the police involved generally ensured that family or other support was on hand before leaving.
4.29 In only a minority of cases, was there some criticism; in one instance it was felt that the police officer was inexperienced and had great difficulty passing the message. In two others it was felt the police officers were too blunt, using the phrase "is dead" where "had died" would have been preferred. In one other, a family member was left on their own after being told the news, without the police officer checking that some means of support was on hand, and in another instance the partner of the victim was not the first to be told of the death.
4.30 The effect of receiving entirely unexpected news of the death of a partner, child or close relative is traumatic in the extreme. Family members will need assistance in taking even simple decisions, as they will experience shock. Police officers must have an understanding of the effect that passing a death message has and ensure that the recipient is capable of taking any immediate decisions that are required, with such assistance as may be necessary. As (often comparatively inexperienced) patrol officers invariably undertake such duties, the training of those officers must prepare them as fully as possible in that respect.
Recommendation 14 HMIC recommends that probationary training provided by the Scottish Police College include an enhanced input on the effects of trauma and grief on the family members of victims of sudden violent death. |
4.31 FLOs were particularly commended for being prepared to break the news to other family members, and to take guidance from family members they contacted first. Both of these points were found important to the families - particularly where there may be former partners involved, and sensitivities within a family.
Search
4.32 In the cases where a person was reported missing, it was important that the police should treat the report seriously - and demonstrate that they are actively searching. One family stated it was important that the police should be assertive and take control of the situation. In the cases examined, the police were commended on the fact that they did take the initial report seriously and responded quickly.
4.33 A number of families felt it helped if the police allowed them to assist in any search activities being undertaken as this provided a focus and a feeling of working constructively to locate their missing relative.
4.34 In most of the cases involving a search for a missing person or for a body, the families have been quite assertive, and the police have responded to that. In one instance, however, the family was very unsure of themselves and did not want to act out of turn, though they were very concerned that their relations were missing. In this case, they were looking to the police to take an assertive line on their behalf, but were partly disappointed.
Immediate Reaction
4.35 For many, the immediate reaction on hearing the news of a death is to want detailed information. For others it can be more about needing people to be caring and considerate - police, hospital staff, and others - and generally the family members were full of praise for FLOs, both for the level and quality of their information and the support provided. One interviewee even described their FLO as an "angel" when commenting upon the gentle and considerate manner with which the FLO had asked difficult questions.
Introduction of the FLO
4.36 The FLOs generally introduced themselves (or are introduced) at a very early stage in each case, and were careful to explain their dual role (support and investigator), though the family members did not always recall the explanation very clearly. In one instance, the family had been in receipt of a FLO but did not recognise the term Family Liaison Officer and did not know that one had been deployed to them. They did know, however, that a very helpful and supportive police officer had worked closely with them.
4.37 Families generally seem content with the dual role, though the investigating aspect is not always appreciated at the time. In only one case did a family member claim that they had not understood that the FLO had an investigative role.
4.38 Visiting other family members was viewed as both positive and negative; for some, it is helpful that the FLO offers to speak to others, but in other instances there can be resentment that distant, or estranged family members receive the same support as that given to the immediate family. The research results indicate that FLOs appear sensitive to these issues, and exercise remarkable judgement in those that they include in the service. In some families, they clearly walk a tightrope between two (or more) estranged parts of the same family without, in general, upsetting or offending either.
Early Need for Information
4.39 All the family members interviewed expressed the need for information; the need is intense - and in immense detail, explained clearly and honestly.
4.40 FLOs were generally regarded as excellent at providing appropriate information, both immediately after the incident and on a continuing basis thereafter. Families accept that on some occasions the FLO is constrained in the information they can provide. This can be very frustrating for the family concerned, particularly if it is not made clear what information is being withheld, and why.
4.41 In one instance, information on the cause of death was withheld, however the family later learned of the facts by accident when they received the death certificate. In this case, better management of the information would have been preferable, either to avoid accidental disclosure or to manage the dissemination of the information so as to avoid the situation arising.
4.42 Honesty by the FLO is very important. One family member was very concerned when they read information about the case in a local newspaper, which the FLO had not passed on. In this instance the FLO claimed the press report was untrue, but it later transpired to be accurate, which left the family feeling quite negative. In another instance, the bond of trust never fully developed because the FLO held back information, as the family member was initially a suspect.
Investigation
4.43 Interviewees saw Family Liaison Officers as being thorough in their investigative role, but at the same time sensitive and keen to ensure those being interviewed were supported and as re-assured as possible.
4.44 Some difficulties emerged in cases where a family member was a potential suspect. One interviewee volunteered that this can "limit what you feel you can say", but even in such circumstances, families viewed FLOs as being unbiased, objective, and non-judgemental in their questioning - features which in many instances resulted in a close trust forming.
4.45 Most importantly, the majority of individuals interviewed felt they could talk openly and frankly to the FLO, and that the FLO could "even cope with tears".
FLO Availability
4.46 In nearly every case the FLO stressed to the families they would be available at any time of the day or night to provide support and help, which was greatly appreciated by all concerned. Very few took up this option, not because they didn't want to, but because the FLO appeared to have the ability to sense when a visit was required, and would call round. Phrases such as "always there when we need him" featured, as did "never forced himself on us". Some families reported that the FLO would arrive immediately there was even the slightest new piece of information to pass on - which was greatly welcomed. In only one case, where this availability was not stressed, did family members feel distant from the FLO, and hence less likely to turn for help or information.
4.47 Interviewees found it helpful that FLOs were the only, or principal, point of contact with the police. Some commented that it would have been extremely traumatic to deal with a different person each time.
4.48 Criticisms of FLOs and their availability were few and minor. In one case it was welcomed that the FLO took time to talk to the children in the family, but on the other hand there was some criticism that the FLO did not follow this up by checking if there was anything that could be done to help the family support the children.
4.49 The overwhelming view of those interviewed was that the FLO "was amazing - checked out what our concerns were, and was keen to do anything to help".
4.50 Many of the family members commented on the ability of the FLOs to anticipate their needs, and to be available whenever required. Small touches, such as the FLO and other police officers attending the funeral of the victim, and offering to help with introductions to the procurator fiscal were highly appreciated.
Ability to Listen
4.51 The ability of FLOs to listen in a non-judgemental way was seen as important and commented upon or implied in most cases. Some of those interviewed felt that the FLO knew and understood what they were going through.
4.52 It was important too, that FLOs do not present themselves as authoritative figures, but as people to help and support the family, which seemed in part to contribute to their approachability.
4.53 A mix of male and female FLOs had been deployed in the case studies. While none of the family members suggested that either was preferable, it was noticeable that in the cases involving male FLOs, the comments made tended to be that gender did not matter, while in the cases involving female FLOs, comments were more about how a female officer was better able to empathise with the family member and to understand what they were going through (this being said mainly by female family members).
Identification of the Body
4.54 Families found the experience of identifying a body traumatic with few aware that viewing is conducted through a glass screen. Some found the screen distressing as they had strong needs to touch the body but were prohibited from doing so. Some found additional anxiety was caused when having to view an unprepared body i.e. with medical tubes still attached.
4.55 In most instances where identification was involved, the FLO was praised for spending time beforehand explaining what the family member should expect. In the majority of cases the FLO offered to accompany the family to the identification. Sometimes this was accepted and, when it was, families welcomed the support that FLOs provided afterwards.
4.56 Family members found the whole identification ordeal traumatic and despite being warned what to expect, none were prepared for what they encountered.
4.57 Where formal identification was not required, but the family member expressed a desire to view the body, FLOs tended to dissuade them. In hindsight families felt this was good advice. In one case, where the family member insisted, the FLO supported them through it, which was much appreciated. In another, the FLO resisted and the family went to a more senior officer and then to the pathologist, before eventually getting to see the body. This action of going over the head of the FLO left the family member feeling they had endured more of an ordeal than they should have. In one further instance the FLO decided which of the family members should carry out the formal identification, and this greatly upset another member of the family, who felt that they should have done it.
Return of Possessions
4.58 In cases where it was relevant, the family members stressed the importance of getting the victim's possessions back, and commented on the sensitivity with which this was done in most cases. In some instances, the FLO would ask the family which items they would like back, and would arrange to uplift the possessions and deliver them. In other cases it could have been handled better - in one case the victim's clothes had been disposed of without reference to the family and, in another, the family themselves were told to collect the belongings from the police station.
4.59 It is important that FLOs are sensitive to the different needs of the families; some want all the victim's possessions back, while others are selective - wanting to avoid those that are particularly badly damaged, or might reflect the harm caused to loved ones. It is clearly important that families are asked what items they wish returned.
Need for Emotional Support
4.60 It was clear that nearly all those interviewed needed emotional support in some form, thought only about half recognised or admitted it. The greatest need appears to arise well after the incident, and where applicable after the trial.
4.61 In nearly all of the cases examined, FLOs offered families' leaflets on a range of support organisation, and explaining their function. Take up was low, primarily because the provision of information on support organisations occurred too early in the grieving process, when families are preoccupied with the judicial process (see paragraph 4.13). However, when that all concludes, the need for emotional support increases sharply. Some family members talked of this in terms of "it just hit me" and "I went to pieces". At this stage the formal support has all but gone, and most found support through other routes, such as medical practitioners and occupational health schemes, or adopted other coping strategies for example, not talking about the event, busying themselves in other activities, or just trying to live with it.
4.62 Those who had tried voluntary support organisations commented that it was very important that the person who provides the support should have direct experience of what they themselves had experienced - so in the case of a murder, victims' felt that the volunteer should also have lost a family member to murder.
4.63 There was some criticism, in hindsight, of FLOs not following through on their recommendations of support. In the case of one referral, it was felt that the FLO could have checked how the family were getting on, and hence was unaware that the family had actually abandoned the particular organisation, feeling the support on offer was ineffective.
4.64 There was also concern that FLOs maybe focus too much on one member of a family, and this can leave others unsupported, or the FLO may offer support to other members who may be viewed as not needing it.
4.65 The research indicates that FLOs could be more proactive in initiating contact between family members and support organisations. In the few instances where contact had been initiated by the FLO, this was greatly appreciated - with such comments as " I wouldn't have made contact on my own". This, however, requires considerable judgement on the part of the FLO, as some family members would resent being steered into counselling, while others need the push.
4.66 In some instances, cultural issues can get in the way of effective emotional support. One family from a minority ethnic background reported that they could not seek help outwith the family even if they wanted to.
4.67 The problem of the emotional need being greatest after the trial is a difficult one, and identifies a clear gap in the provision of support services through the continuum of the criminal justice process. Once the judicial process concludes, none of the component agencies appears to have a remit to help ensure that victim's families are supported emotionally, and this creates a vacuum at a time when the family members are most in need.
Procurators Fiscal
4.68 Family Liaison Officers tended to take a lesser role after details of a case had been forwarded to a Procurator Fiscal (PF). This withdrawing stage was done carefully and sensitively, although FLOs still re-assured families that they were available if required. In most instances the FLO came back into the frame as the trial approached and usually attended court with them.
4.69 In the majority of cases studied, the Procurator Fiscal assumed the role of information provider to family members upon receipt of a case report from the police, fulfilling much of the role initially undertaken by the FLO. Family members were generally full of praise with the amount of time Procurators Fiscal gave to them and explaining likely outcomes in simple language. They also appeared to share the FLOs ability to be sensitive and caring, in most, though not all, cases. In some instances, the PF did not involve themselves significantly with the family until the time of the trial, and then only in a limited way. But these contrast with the majority of cases where the PF was described in glowing terms.
4.70 Interviewees had less praise for the precognition process, where it applied, but their criticism was reserved for the defence agents who interviewed them. Most found this experience traumatic and there were claims of "trying to put words in my mouth", "tried to make out it wasn't as serious as I claimed", and of "trying to make out I was stupid". It should be noted that a recent code of conduct, 28 issued by the Law Society of Scotland, contains guidance for solicitors in precognoscing witnesses, within which it states:
"When precognoscing witnesses, a solicitor has the responsibility to ensure that this is done in a way which is as sympathetic as possible to the needs of the witness."
The Trial
4.71 Those families who attended a trial viewed the experience in highly negative terms. On the positive side, however, FLOs recognised the need to support family members at this time and offered various forms of help. Most significant of which was the physical presence of the FLO at court, throughout the trial in most (though not all) cases. This was greatly welcomed - "just knowing he was there was enough". FLOs also took time to explain what would be happening in court each day and often this was supplemented by the Procurator Fiscal doing likewise. FLOs were praised for trying to protect families from unexpected shocks, by advising them when particular details were likely to feature in the trial, although they were caught out in two instances when photographs of murder victims were presented without the FLO knowing. Although most family members said they would want to stay when such details were being presented, they did emphasise that it helped to be pre-warned so they could adjourn from the court if they so wished.
4.72 In some instances, particularly where family members were to appear as witnesses, pre-trial visits to courts had been arranged by FLOs and viewed by those concerned as beneficial.
Other Practical Help
4.73 In some cases FLOs assisted by registering the death, which was much appreciated by the families concerned, particularly as it invariably coincided with a time when families were finding it difficult to cope, and unfamiliar with the procedures involved.
4.74 The funeral is an important part of the grieving process for families, and it is important to them that it is not delayed or disrupted by procedural difficulties. Such delays occurred in a number of occasions, causing considerable concern for the families involved, however, intervention by the FLO in each instance facilitated release of the body to obvious relief.
4.75 Families welcomed the fact that FLOs visited in plain clothes, using unmarked police vehicles, which avoided unnecessary attention being drawn to them.
Homicide Pack
4.76 In his Inquiry report Dr Jandoo recommended that:
" A Scottish equivalent of the Home Office Pack for Families of Homicide Victims should be produced as soon as possible."29
4.77 The Scottish Executive is progressing development of such a pack, to include a description of the criminal justice system together with leaflets for various agencies and voluntary organisations.
4.78 As part of the research project, family members were asked to evaluate the proposed pack, based on the Home Office version, and assess whether the availability of such information would have assisted them. The main findings were as follows:
- Having one pack would be more convenient as relevant information could be found more easily than separate leaflets that tended to get lost or thrown out.
- Verbal and printed information was not often taken in at the early stages of an incident as families are still in shock. They felt that a pack could be put away and read at a later stage.
- Very few people had experience of the criminal justice system so clear explanations in simple language were welcomed.
- Most people liked the format as it meant they could pick and chose which information to read.
4.79 Families felt that the FLO would be best placed to deliver the pack after compiling it from a range of leaflets specific to the circumstances of the particular case or incident.
VICTIM RESEARCH
4.80 In addition to the case study project, cognisance was taken of existing research with victims, where it offered informed findings, appropriate to the field of family liaison.
4.81 Research carried out in 2000 30 identified broad categories of victim and witness needs:
- physical protection and security;
- information throughout the criminal justice process;
- emotional and counselling support;
- courtesy, respect and sensitivity;
- assistance in coping with physical disability, speech or hearing impairment, language or cultural differences;
- comfort.
4.82 It was also recognised that victims of crime can feel the need for an active role in the criminal justice process in order to restore control over their lives. The stages at which these different needs manifested themselves could be summarised as pre-trial, trial and post-trial. For example, demand could be expected for information about the progress of the case (pre-trial), court processes and procedures (trail), and offender release date (post-trial).
4.83 During research for the British Crime Survey 31 respondents were asked what kinds of help they would have wanted immediately following the incident. In 63% of cases made known to the police at least one need was reported. The most common were:
- information from the police (29%);
- someone to talk to (19%);
- protection (19%).
4.84 Where the incident involved violence, some 30% of victims had found a need for "someone to talk to".
4.85 It is noteworthy that many more respondents (34%) obtained some form of help from family and friends, than from any other source. Consequently, family liaison officers should pay particular attention to the needs of those victims who have neither family members nor close friends to turn to for support.
4.86 It was identified during Scottish research 32 that in 41% of cases (crime type - robbery, assault) where the respondent stated they had wanted support, they had neither sought support nor been offered it. Clearly then, there is a challenge for all agencies who are in contact with victims to ensure that appropriate support is offered in such a way as to encourage maximum uptake. It is neither sufficient nor realistic to make an offer on a one-off basis, and expect an immediate acceptance.
4.87 One study 33 concluded that victims wanted information for one or more reasons that could be grouped under five main headings, viz:
- rights; victims feel that they have a right to know certain information, such as the progress of the investigation;
- anger; victims experience anger at being a victim of crime;
- fear; victims want information for reasons of personal safety;
- curiosity; simple interest in the case;
- financial; information in connection with financial matters.
4.88 The type of information required could be case-specific or general. Specifics included factual details on the progress of the investigation, court dates and times, and trial outcomes. General information was required on the sequence of events in a criminal case, and criminal justice procedures.
CONSULTATION
4.89 HMIC consulted widely with voluntary organisations and support groups, and sought views on how family liaison might improve. Written responses were received from a number of groups, and HMIC staff made personal visits to others. A full list of consultees may be found at Appendix 'B' to this report. The activities of a number who contribution are described below.
4.90 Victim Support Scotland (VSS) - manages the Support After Murder (SAM) project whose volunteers are trained to provide emotional and practical support to the families of victims. VSS highlighted the particular importance of practical needs being identified, by FLOs or SAM volunteers, in order that they may be timeously addressed by the relevant agency or by a suitable voluntary group. Such needs might vary from the (normally) mundane e.g. baby-sitting, to the major, such as relocation. VSS is of the opinion that early introduction of a SAM volunteer to a bereaved family is to be commended, although it is acknowledged that this would only take place with the consent of a family.
4.91 People Experiencing Trauma And Loss (PETAL) - is a support group for families and friends of murder victims, and has a small number of trained counsellors. PETAL reported that families were generally very appreciative of the availability of Family Liaison Officers, but that family members had sometimes felt let down when FLOs had made their final exit (perhaps indicating over-dependence on FLOs). When attending court, families had remarked on the absence of their FLOs, reflecting their vulnerability at that time and their need for support. PETAL was firmly of the opinion that only people who had been similarly bereaved, or a trained counsellor, could fully understand the emotions experienced by someone bereaved through violence and would therefore be best placed to offer the required emotional support.
4.92 Families of Murdered Children (FOMC) - is a self-help group for people who have lost a loved one due to an act of violence. The group holds regular meetings, can provide for home visits in some cases, and has provided court support where necessary. The group does not provide direct counselling. FOMC reported that families invariably experienced strong needs for information in the early stages of bereavement, and also the need for long-term emotional support. The group's co-ordinator was extremely doubtful on whether the provision of such emotional support could be met by volunteers who had no personal experience of violent bereavement. The initial contact with the group was often a particularly difficult step for someone to take, and on occasion it had taken years to achieve. A special plea was made to consider children and young people who are bereaved through the death of a parent or older sibling, as they can find it particularly difficult to cope. They may be alienated by the understandable concentration on the loss suffered by the partner or parents of the victim.
4.93 The Scottish Cot Death Trust - provides support to parent's bereaved by Cot Death, in addition to raising awareness of such deaths and funding for research. It is noteworthy that Sudden Infant Death Syndrome is the biggest single cause of death in children under 15 years of age, with some 40-50 deaths being so classified each year in Scotland. The trust provides emotional support, advice and information to bereaved parents throughout Scotland albeit with the assistance of only a single field worker. It was apparent that the unexpected, and often unexplained, loss of a child is hugely traumatic for parents and siblings and often provokes intense feelings of confusion and guilt. Counselling is commonly used. The trust commends the work of Yorkhill Family Bereavement Service which is based at Yorkhill Hospital, Glasgow, and which provides free counselling and the opportunity to meet others who have shared similar experiences.
4.94 BrakeCare - is a part of Brake, a road safety charity that works to reduce death and injury on roads. BrakeCare promotes emotional support and advice for people bereaved and affected through road death. It is their perception that the status afforded by the police service to a death on the road is less than that of a death through personal violence, and that consequently a lesser service is provided to bereaved families. They also believe the deployment of trained Family Liaison Officers in every road death would have the maximum positive impact in supporting families devastated by tragedy.
4.95 Scotland's Campaign against Irresponsible Drivers (SCID) - is a support and pressure group which seeks "to help and advise victim families of road crashes" and campaigns for safer driving and appropriate legal changes. SCID provided a comprehensive response to HMIC, and made a number of points on behalf of families bereaved by road death:
- The trauma experienced by these victim families is akin to those of victim families who have been bereaved by murder.
- A road death is not a normal death; it is a violent death, as violent as murder.
- The criminal justice system is insensitive to the needs of victim families, especially in the area of information.
- Bereaved families are grappling to understand the whole criminal justice process which has been thrust upon them at their most vulnerable time and to make sense of the information given on a 'need to know' basis.
- To aid the grieving process it is necessary for bereaved families to have confidence in the ability and professionalism of the crash investigation team.
- Families who are in a traumatised state and incapable of remembering verbal information welcome the use of a FLO leaflet.
- Deep emotional wounds have been caused by a criminal justice system that has ignored and been insensitive to the needs of victims, causing victim's secondary trauma.
- FLOs have been found to be compassionate, sensitive and supportive to family bereavements, but their 'hands have been tied' in many respects.
4.96 Campaign Against Drinking and Driving (CADD) - provides support for family's bereaved by road death, and welcomes the deployment of FLOs in such cases. The need for families to have virtually constant contact in the early stages of bereavement has been highlighted, to help overcome the isolation that individuals experience at that time. CADD distributes a booklet entitled Coping with Grief / Helping Children Cope with a Death in the Family, which is used by a number of English police forces.
4.97 HMIC recognises that the introduction of the Road Death Investigation Manual by ACPOS will set out commitments that significantly address the issues raised by road death support and action groups. In practice however, locally trained or untrained officers largely conduct the liaison with families bereaved by road death in Scotland. If it is accepted that these families are deserving of no less a service than those bereaved by acts of personal violence, then it follows that the Family Liaison Officers who are deployed should have been trained to a common standard.
Recommendation 15 HMIC recommends that ACPOS ensure officers tasked with family liaison in all types of death are trained to national standards. |
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