Domestic Homicide and Suicide Reviews in Scotland: Protocol

14. Publication of review reports

The nature of domestic homicide and suicide reviews means that the information that forms part of a review and the review report will be highly sensitive. It is important to ensure that the information considered by the Case Review Panels and subsequent review reports is handled carefully and responsibly and in line with obligations under data protection legislation.

Following a review there will be a number of documents that will be prepared. These include:

• A pseudonymised domestic homicide or suicide review report. It is not anticipated that this report would be published but would be shared with relevant agencies.
• A public summary. This is a reduced version of the report which is intended to ensure learning and recommendations are shared publicly. Depending on the level of risk associated with each review and connected individuals, the level of summary information may be limited in some cases only to minimal context/ background, learning and recommendations.
• A risk assessment for each review considering the persons the review is focused on and any connected persons in relation to publication.
• A short briefing for each review intended to be disseminated within agencies to support learning.

It is not anticipated that the full report would be shared publicly due to the risk of persons being identified and instead a public summary would look to be published. This would provide the necessary context, learning and recommendations but not information that may identify the deceased, family, friends or relevant other persons. As review reports or partial review reports will be shared with relevant agencies, a risk assessment will be undertaken by the Case Review Panel Chair. A risk assessment will accompany each finalised draft review report when submitted to the Review Oversight Committee for quality assurance and consideration on the publication of a review report.

As part of the risk assessment process prior to publication of any review report, partial report, the Review Oversight Committee will focus on:

• Confidentiality and privacy risks in relation to families of person A and B including any children, friends, employers, community members and services;
• Safeguarding risks in relation to both person A and person A and B’s family, those within the review, community members and where relevant, witnesses. This includes risks of threats to surviving families;
• Legal risks where there are ongoing or contemplated criminal proceedings and any potential risks of jeopardising proceedings as a review report may not be published where publication would create a risk of prejudice to ongoing or contemplated criminal proceedings. Lord Advocate consent would be required prior to a report or partial report being published. Where there is no criminal investigation or proceedings in relation to person A, careful consideration should be given to the level of detail provided within a report and any other potential risks (for the organisations or individuals included within the review report) that could arise from the publication of a review report. This will be of particular relevance in relation to domestic abuse related suicide reviews;
• Impact risks to families and relevant others. There may be sensitive details within a review report such as cultural sensitivities or information in relation to a victim’s sexual orientation which could cause further harm and distress in a report that is publicly available; and
• Welfare risks to professionals, either those taking part in reviews or those whose work is being examined as part of a review.

The body that notified the death should be consulted for views as part of the risk assessment and these noted prior to the submission of the report to the review oversight committee and to the Lord Advocate. Following consideration of the risk assessment changes may be necessary to be made to the review report. These will be discussed with the Case Review Panel Chair.

When the review report has been finalised the Review Oversight Committee will send the report to the Lord Advocate and seek consent for the report to be published. The Lord Advocate will consider the review report and the identified risks after the Review Oversight Committee has quality assured the report and determined whether the review report should be published. In considering whether publication can proceed the Lord Advocate will assess whether publication would risk prejudice to the administration of justice. Any consideration does not constitute approval or endorsement of the content of the review report.