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CODE OF PRACTICE TO FACILITATE THE PROVISION OF THERAPEUTIC SUPPORT TO CHILD WITNESSES IN COURT PROCEEDINGS
CONFIDENTIALITY
81 Children and their caregivers should be advised of the limits of confidentiality before they agree to engage in therapeutic support. However, discussions about confidentiality need to be ongoing rather than only at the start of therapeutic support. It should be made clear to the child that the information they give could be disclosed to other professional bodies if the therapeutic support provider believes the child or other children are at risk, or if other professional bodies seek this information. However, the child should be assured that if other professional bodies seek this information, disclosure will only occur if a relevant authority requests it and the request is justified. This should include informing them that the court may request the therapeutic support session records. However, the child should be given assurances that, unless a court decides that the request is justified, the therapeutic support session records will not be disclosed. An example of how the issue of confidentiality can be communicated to a child witness is given below.
Example: Explaining confidentiality to a child witness
"When we meet I hope you'll feel you can talk about things that might be worrying you. I have to write things down because what we talk about is really important. Sometimes if I'm worried that you or other children aren't really safe I'll have to let people know. There are some "Child Protection" rules I have to follow, so I might have to talk to police or social work or people at the court and even shown them my notes. I would tell you if that needs to happen."
82 This is in line with local child protection guidelines and the Child Protection Reform Programme, including the recently published Charter and Framework for Standards. Each agency will have their own information sharing protocols. The Framework for Standards on Information Sharing and the Department of Health leaflet and brief guidance on Sharing Information about Children at Risk 7 are outlined at appendix 6.
83 The case study below seeks to illustrate best practice in relation to many of the issues raised in this guidance.
BEST PRACTICE CASE STUDY
Stacey aged 12.
Family composition: Sally Smith - Mother
Billy Jones - Stepfather
Stacey (12)
Sean (8)
No contact with natural father
Stacey Smith disclosed to her mother that her stepfather had sexually abused her over a three-year period. Mrs Smith contacted the police and a joint police and social work investigation was initiated. A joint paediatric/forensic examination was arranged, but Stacey refused to be examined. The stepfather was arrested and charged with sexual offences against Stacey. The procurator fiscal referred Stacey to the local Victim Information and Advice Service (VIA). He appeared in court and was released with bail conditions not to approach Stacey or her mother.
Following the disclosure, Stacey and her mother were extremely distressed, with Stacey displaying an increasing number of emotional and behavioural difficulties. Mrs Smith contacted the social work department. The social worker involved with Stacey referred her to a local child sexual abuse clinic for therapeutic support. The referral included general background information about the family, the allegations and the other professionals involved. It was decided that it would be helpful to have further information regarding the general nature of the charges and the progression of the prosecution process.
With the family's explicit permission, the therapeutic support provider contacted the local VIA office.
Stacey and her mum attended the clinic, where a general developmental history was gathered. Further to this, information regarding previous and current functioning, physical symptoms and recent changes to her behaviour were also obtained. The family's strengths and ability to support Stacey was also assessed. It became apparent that Stacey was blaming herself for the abuse. She was also highly anxious with significant symptoms including low mood, poor concentration and difficulties getting to sleep. She was irritable, emotionally withdrawn, struggling with friendships in school, and generally lacking in confidence. In addition, she was extremely worried about giving evidence in court and having to face her stepfather.
Mrs Smith was feeling overwhelmed with shock and guilt and was feeling unsure about the best way to support Stacey.
Following discussion with Stacey and her mum, it was agreed that individual therapeutic support would be offered to both of them. The support offered to Mrs Smith included space to discuss the impact of the disclosure and subsequent investigation on her and the family. It also included identifying strategies she could use to help Stacey, for example, helping her establish a better bedtime routine, reassuring Stacey and trying her best to keep a semblance of calm and stability within the household. It was also suggested that she informed Stacey's school in order to increase the support network for her.
The main focus of the therapeutic support with Stacey was to help her manage her anxiety and help her feel more in control. Anxiety management included relaxation techniques, discussion pertaining to the impact of the sexual abuse upon her and her family, and ways in which she could start to feel better about herself. It was important that Stacey was encouraged to talk about any of her worries, past or present.
During one session Stacey informed the therapeutic support provider that she had seen her stepfather in the street. Since seeing him she had been upset and having nightmares. During the discussion regarding this, she disclosed that her stepfather had sexual intercourse with her in her bed on a number of occasions. The charges that the accused was facing did not include penetrative sex. Stacey was listened to, while being careful not to ask any direct, closed or leading questions, and reassured that she was not in any trouble. She was also told that, as this was new information, it would be shared with police and social work.
As per the child protection guidelines, police and social work colleagues were informed. Notes from the session were written, signed and dated immediately after the session ended. A statement and a copy of these notes were passed on to the police. A further joint police and social work interview of Stacey subsequently took place.
Following the joint interview, the new information was reported to the procurator fiscal along with a copy of the session notes.
As the court date became nearer, Stacy became increasingly preoccupied about giving evidence in court and scared about being in the same room as her stepfather. VIA was informed of this and they arranged, along with the Witness Service, for Stacey to visit the court, accompanied by her mother. It was clear from this visit that Stacey was overwhelmed by anxiety at being in the courtroom and would struggle to give coherent evidence in open court.
Stacy's concerns were passed to the procurator fiscal dealing with her case and, as a result, the therapeutic support provider was asked to provide a report in support of an application for Stacy to give her evidence via a live television link. The application included information about Stacy, her ability to give evidence and her views on giving evidence in this way.
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