The Scottish Government

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Relatively Speaking
A thematic inspection of Family Liaison in Scotland

CHAPTER 5: ROLES AND RESPONSIBILITIES OF OTHER AGENCIES

5.1 Clearly the police service is responsible for family liaison in the immediate and short-term stages after a death (or occurrence) which prompts a significant police investigation. In those stages family and police will have extensive dependence on each other to assist in dealing with their respective needs. Particularly for families, the police service will invariably be the primary, or only, source of the information they crave. Equally clearly, the police service cannot address all the middle and long-term requirements of families, whether for information or support. For example, FLOs are not able to act as counsellors for family members as it is recognised that they neither possess the skills, qualifications nor experience to do so.

5.2 It may be valuable to briefly consider the roles of statutory and voluntary agencies that have a part to play in the provision of family liaison.

Scottish Executive

5.3 In January 2001 the Scottish Executive launched a Scottish Strategy for Victims to place the needs of victims right at the heart of the criminal justice process. The strategy was developed with the major criminal justice agencies - the Crown Office and Procurator Fiscal Service, the Association of Chief Police Officers in Scotland, the Scottish Court Service and the Scottish Prison Service - and endorsed by Victim Support Scotland. The strategy acts as a framework for the development of services for victims, to improve the information and support available, and increase participation in the judicial system. The Victim Steering Group, chaired by the Scottish Executive, is responsible for overseeing the work being done by the various agencies and for encouraging and co-ordinating progress on the strategic objectives (see paragraph 1.26).

5.4 In 2001 the Executive published a Victims of Crime information leaflet and in August 2002 launched a website ( www.scottishvictimsofcrime.co.uk), both of which are available in 6 community languages. The website is particularly useful in describing the criminal justice system, from a victim's perspective, and provides information and guidance on what can be expected, in terms of service and support, from the component agencies, including a brief explanation on the role of the FLO. Hyperlinks provide access to related organisations.

Crown Office and Procurator Fiscal Service

5.5 The Crown Office and Procurator Fiscal Service (COPFS) is a department of the Scottish Executive. The service has the sole responsibility for prosecution of criminal offences in Scotland, under the authority of the Lord Advocate who is also a minister in the Scottish Executive. Essentially, the most serious crimes will be prosecuted in the High Court of Justiciary by Advocate Deputes. Typically, these include murder, culpable homicide, rape and armed robbery. Other prosecutions take place within Sheriff and District Courts, and are carried out by local Procurators Fiscal and their deputes.

5.6 COPFS has given a commitment to "be sensitive and responsive to the needs of the public, including victims, next of kin and witnesses". A number of responsibilities have been identified which are shared with the Scottish Court Service in respect of prosecution witnesses who attend court, including victims. These specifically include that, in any case where the Procurator Fiscal is investigating a death: "the next of kin will be kept informed of the progress of the investigation".

5.7 COPFS is committed to the Scottish Strategy for Victims, principally through the work of the Victim Information & Advice (VIA) service. In addition, victims' information needs are being met through multi-lingual booklets and the Crown Office website ( www.crownoffice.gov.uk ).

Victim Information and Advice

5.8 The Crown Office is in the process of establishing the Victim Information & Advice (VIA) service within each of the 11 Area Procurator Fiscal offices in Scotland (as of December 2002 the service was active in 6 areas). VIA will ultimately comprise a major element of the Crown Office response to the victim's strategy.

5.9 The Crown Office has undertaken, through VIA, in all serious cases, deaths where criminal proceedings or a Fatal Accident Inquiry will be held, sudden deaths where there are likely to be or it becomes clear after initial investigation that there will be significant further enquiries, racially-aggravated crimes, and some other categories of offences, to:

• provide information to victims, bereaved next-of-kin, and some witnesses about the criminal justice process in general;
• keep victims and bereaved next-of-kin informed about the progress of the case which affects them in particular; and
• advise on and facilitate referral to other agencies for specialist support and counselling if required.

5.10 VIA has therefore a crucial role to play in the family liaison process, and its officers are ideally placed to take over the provision of information to victims' families from police FLOs when the lead in an investigation has passed from the police to the Procurator Fiscal. This stage is normally reached (in the case of a crime) when the alleged perpetrator has been arrested and has appeared in court. In the past FLOs have experienced difficulty in keeping families informed regarding questions such as the charge(s) to be faced, the number of persons being prosecuted, dates and even places of trials. Quite simply, the police are no longer masters of information once an accused person has been committed for trial. From that point on they are not in a position to meet the information needs of families.

5.11 It is worthy of note that there are 48 Procurator Fiscal offices in Scotland. It is essential that victims' families receive the same level of service whether or not there are VIA officers based within the particular PF office that is dealing with their case. It is clear to HMIC that COPFS accepts that VIA requires to operate so as to provide a consistent service to the whole of Scotland with clear identification and understanding of the roles of police, the Procurator Fiscal and other agencies.

Scottish Court Service

5.12 The Scottish Court Service (SCS) is an executive agency of the Scottish Executive Justice Department, and is responsible for the administration of the High Court and of Sheriff Courts in Scotland, in addition to other civil courts and tribunals. Its aim is:

" To help secure ready access to justice for the people of Scotland."

5.13 To achieve this aim the SCS has identified several objectives including:

• to provide the staff and services required to meet the needs of the judiciary and court users;
• to implement and develop the Justice Charter for Scotland.

5.14 The Justice Charter ³⁴ details practical provisions which members of the public attending courts can expect, including "adequate and comfortable accommodation". The SCS is also committed to the Scottish Strategy for Victims, and introduced an action plan in 2001-2002 with the intention of improving services to victims attending courts. This plan details some very welcome measures including:

• avoiding contact between victims and accused except where required by court;
• prevention of secondary victimisation;
• training all staff in victim awareness by the end of 2002;
• exploring means of reducing waiting time for victims at court before giving evidence; and
• publication of standards of service for victims.

5.15 It is apparent therefore that the Scottish Court Service has an extremely important role to play in the wider field of family liaison in that victims and/or their families are particularly vulnerable when attending trials, whether as witnesses or as observers. They will require measures of practical support such as private rooms where they can be shielded from other members of the public. Clearly such facilities are being provided on many occasions, and favourable comment has been forthcoming from relatives of victims. However there have been occasions when the relatives have attended courts and found themselves in close proximity to friends and even relatives of the accused, causing trepidation and upset. It is to be hoped that in the not-too-distant future, the provision of appropriate accommodation for the relatives of victims will be accomplished in every case.

Victim Support Scotland

5.16 Victim Support Scotland (VSS) is a charitable voluntary organisation with the stated aims of providing practical and emotional support to victims of crime. Within its 5-year strategy ³⁵, VSS commits to working throughout Scotland to ensure that "people affected by crime get access to services, which will reduce the impact of crime and assist them in their recovery". Under the auspices of the Support After Murder (SAM) project, a number of volunteers have received additional training to enable them to offer support to families who have been bereaved. The aim of SAM is:

" To provide a comprehensive, high quality support service to families and communities affected by murder, through partnership between statutory and voluntary agencies, combining the skills, experience and knowledge of both."

5.17 VSS undertakes to provide both emotional support and practical support. Volunteers who are trained to provide 'a listening ear to your thoughts, feelings and concerns' facilitate emotional support. Practical support can be provided to assist in dealing with other agencies at what is a particularly difficult time. VSS can also offer assistance with information on various aspects of the criminal justice system, and can arrange pre-trial visits to court.

5.18 VSS plays an integral part in the delivery of the Scottish Strategy for Victims. It receives over 90 % of its funding from the Scottish Executive, and has a strategic aim of substantially increasing the level of government funding in order to achieve a growth in services.

5.19 Some doubt has been expressed to HMIC about the capability of VSS/SAM volunteers to provide the level of emotional support that bereaved families require although no criticism has been made of the positive intentions of volunteers. Put simply, it may be that only a professionally trained counsellor or a volunteer, who has personal experience of violent bereavement, is able to understand the strength and effect of emotions experienced by such families. As part of its SAM service, VSS has established contacts with professional counsellors and specialist support groups, in order to facilitate referrals to ensure that the emotional requirements of the bereaved can be met.

5.20 In cases of murder, VSS will accept a referral from police where the victim's family consents to their details being passed. HMIC considers that there is potentially much to be gained by promoting contact between victims and their families, and VSS. In light of the development of an ACPOS system for referral with a victim opt-out element, the time is now right for forces to review their referral practices.

5.21 There is little doubt that Victim Support Scotland has a significant part to play in addressing the needs of victims of crime, including the families of victims who are deceased.

Witness Service

5.22 The Witness Service is presently based within the Sheriff Courts of Scotland, with the objective of providing practical and emotional support to assist people who attend court as witnesses. The service is confidential and staffed by volunteers, funded by the Justice Department of the Scottish Executive, and administered by Victim Support Scotland.

5.23 As the majority of criminal proceedings involving deployment of FLOs take place in the High Court, it is hoped that the Witness Service will extend beyond the Sheriff Courts. The Justice Minister has declared his intention (September 2002) that the service would be so extended, and it has been estimated that the roll-out could be completed during Spring 2003. HMIC welcomes this addition to the range of services that are available to meet the needs of victims and their families.

Voluntary Support Groups

5.24 HMIC is convinced of the immense contribution that support and peer groups can make to the whole process of coming to terms with the loss of loved ones. It is abundantly clear that in coping with sudden and violent bereavement, significant numbers of families have long-term emotional needs, and that these needs may be met by support from others who have had similar experiences that enable them to empathise with each other. HMIC has been impressed by the dedication of groups such as PETAL, ³⁶ FOMC, ³⁷ and the Scottish Cot Death Trust.

5.25 The provision of information on support groups and organisations appears to be occurring at too early a stage in the grieving process, with a resulting low take-up. FLOs should offer information and advice at various stages and where it is known that contact with an organisation has been established, then progress should be monitored. The potential need for improved support should be continually assessed and where the need is identified, FLOs should adopt a more proactive role to help establish contact between the family member and the organisation concerned.

5.26 It is incumbent upon Family Liaison Officers to carry out such enquiries as are necessary in order that they have a comprehensive awareness of the availability of groups and agencies which may be able to offer support to a bereaved family, wherever they may be located.

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