Domestic Homicide and Suicide Reviews in Scotland: Statutory Guidance
Domestic homicide and suicide review statutory guidance issued by the Scottish Ministers. The statutory guidance is to support the Review Oversight Committee and Case Review Panels in exercising their functions.
Undertaking a Domestic Homicide or Domestic Abuse Related Suicide Review
Section 7 – Undertaking a Domestic Homicide or Domestic Abuse Related Suicide Review – Structure
7.1. Case Review Panels
Case Review Panels are responsible for carrying out domestic homicide and domestic abuse related suicide reviews on behalf of the Review Oversight Committee. Whenever a review is to be established, the Review Oversight Committee must establish a Case Review Panel and maintain it for the full duration of the review unless the Lord Advocate determines a review is not to continue. Maintaining the panel does not mean it must have the same membership throughout as situations may arise where some change in membership is unavoidable.
This section of the statutory guidance outlines the functions of the Case Review Panel Chair and members. Each death is unique and therefore the process outlined may not always be feasible due to the circumstances of a case. Similarly, the roles and responsibilities described in relation to the Case Review Panel and Chair are not exhaustive and may vary depending on the nature of the death and circumstances of the subsequent domestic homicide or domestic abuse related suicide review.
7.2. Case Review Panels – Selection and Removal of a Chair
Case Review Panel Chairs are Ministerial public appointments. They are independent and help to support the overall effectiveness of a review. A pool of Case Review Panel Chairs forms part of the domestic homicide and domestic abuse related suicide review process. The pool must include a minimum of three Case Review Panel Chairs. The individuals that form the pool of Chairs constitute the standing resource from which the Review Oversight Committee Chair will select a Chair for each review.
In selecting a Case Review Panel Chair from the pool the Review Oversight Committee Chair should take account of the Chair’s expertise, experience, capacity and any potential conflicts of interest relating to the particular case. The Secretariat will support the Review Oversight Committee Chair in their selection of a Case Review Panel Chair and can advise on current case loads, capacity, planned leave etc.
Once a Case Review Panel Chair has been selected the Review Oversight Committee Chair, or where necessary, the Deputy Chair will write to the Case Review Panel Chair to ask them to Chair the review. The letter will include information relating to the victim(s) and where known, any accused persons and whether there is an ongoing investigation. The Case Review Panel Chair will be invited to lead the Case Review Panel and asked to confirm whether they will accept the invitation. They will be asked to confirm if they will undertake the review within 10 working days. The Chair will also be asked to clarify in writing whether or not there are any conflicts of interest. Where there is a conflict of interest an alternative Chair will be selected from the pool of Chairs. Where no conflict of interest is identified the Chair will be asked to sign and return a confidentiality agreement to the Secretariat.
Ministers can also remove a Case Review Panel Chair from office where they consider the individual unable to perform the functions of the role, or unsuitable to remain in office. This may include, for example, situations where the individual has made public statements inconsistent with the ethos of the review model, or has become unwell and is unable to resign.
7.3. Case Review Panels – Suspension and Discontinuation
There may be times where a domestic homicide or domestic abuse related suicide review needs to be paused or suspended. Such instances may include:
- To enable the work of a public inquiry to take place
- To enable the completion of a criminal or other investigation, or the determination of criminal proceedings, which the Lord Advocate considers to be connected to a domestic homicide or domestic abuse related suicide review.
Where the Lord Advocate is considering suspending or discontinuing a domestic homicide or domestic abuse related suicide review, the Lord Advocate must first consult with the Review Oversight Committee Chair and provide a summarised explanation that is sufficient to enable the Review Oversight Committee to understand the exercising of the power. Further detail in relation to the suspension or discontinuation of a review is set out within the protocol.
7.4. Case Review Panels – Membership
The establishment of a Case Review Panel is a foundational step in delivering a credible, independent, and trauma-informed domestic homicide or domestic abuse related suicide review. Panels are responsible for examining the circumstances surrounding the death, identifying lessons for prevention, identifying good practice, and making recommendations for organisational and system-wide change.
Case Review Panel membership is to be determined by the Review Oversight Committee. However, each Case Review Panel should reflect the systems that were involved with the victim, perpetrator and any children or young people, or ought to have been involved. The Case Review Panel Chair will therefore have valuable insight into the key agencies that the Case Review Panel should include. The Review Oversight Committee should ensure that Case Review Panel Chair has the opportunity to input to the Case Review Panel membership.
Each Case Review Panel will be bespoke to the circumstances of the case. However, there will also be a small number of organisations that will have a standing member on each panel. The standing membership will include a COPFS and Police Scotland representative, a relevant victim support organisation and criminal justice social work. Even where a victim was not engaged with a victims support organisation, having representation on the panel that has an in depth understanding of domestic abuse and the perspective of victims is central to a review.
Similarly, a perpetrator may not have been in contact with criminal justice social work but having this expertise on each Case Review Panel will ensure an understanding of perpetrators which will provide important context for a review.
Other members may include for example, General Practitioner (GP), health board representation, social care, education and other relevant organisations, ensuring there is no conflict of interest. This may mean that depending on the circumstances of the death and agencies involved prior to the death, a representative from an alternative area may be invited onto the panel rather than the local organisation e.g. an alternative health board representative to the health board in which the death occurred or that the persons involved were patients of. This is to help ensure independence and transparency whilst providing the necessary input and expertise.
The Secretariat will support the coordination of membership by writing to the relevant Single Point of Contact within each organisation to advise that a domestic homicide or domestic abuse related suicide review has been established and seek a suitable representative from the relevant organisations to sit on the Case Review Panel.
Case Review Panel members are expected to meet similar criteria to members of the Review Oversight Committee which includes:
- being able to look through the eyes of the victim;
- having a good sense of operational practice whilst also having experience of working strategically across the wider landscape;
- have a good knowledge of domestic abuse, domestic homicide domestic abuse related suicide and intersectionality;
- have knowledge of the wider context which domestic homicide and suicide reviews are operating within;
- have an understanding of the wider sectors including justice, health, social work and the third sector;
- have strong analytical, organisational, communication and interpersonal skills;
- contribute specialist knowledge and organisational insight;
- act in the public interest and support a consistent national approach;
- participate actively in decision-making and quality-assurance processes;
- promote learning, improvement, and better outcomes for individuals and communities.
- have the following skills: calm, challenge constructively, work collaboratively, professionally curious, empathetic, flexible, honest, impartial, good listener, open minded, passionate about supporting victims of domestic abuse, moral integrity, reflective, resilient, respectful, trustworthy.
The representative will be required to complete the Case Review Panel member training beforehand. Organisations should advise the Secretariat who from their respective organisations will be the relevant representative so that training can be provided. Where provided to the Secretariat, the organisation representative will be copied into the letter to the Single Point of Contact. Where representation is necessary and there is not a Single Point of Contact or proposed Case Review Panel representative, the Secretariat will make contact with the Chief Executive or equivalent, on behalf of the Review Oversight Committee Chair to explain what a domestic homicide and domestic abuse related suicide review is and request them to identify a representative with the relevant expertise to sit on the Case Review Panel.
Panel members are appointed solely for the duration of the review for which they have been selected. Their appointment ends automatically once the Review Oversight Committee confirms the review has concluded.
A panel member may resign at any time by notifying the Review Panel Chair who will advise the Review Oversight Committee.
The optimal panel size is typically between 8 to 12 members, to ensure a balance of perspectives while maintaining functionality and efficiency. Case Review Panels will have a mix of ‘standing’ members (from organisations that will have a representative on all reviews but not necessarily the same individual) and others that will be ad hoc. Panel members must collectively possess a thorough understanding of, and appropriately reflect, the range of systems and services that were involved with the individuals being reviewed. Agencies or services that will have a representative present at each review are set out above. Agencies and organisations which may have more flexible or ad hoc representation include e.g. faith leaders or housing professionals to reflect the specifics of the case. In cases involving a young person, panel membership may include expertise in child protection or early years.
7.5. Case Review Panels – Additional Expertise
In undertaking a domestic homicide or domestic abuse related suicide review, a Case Review Panel may identify that additional expertise is necessary to upskill and support it to undertake an effective review. The Secretariat will work with the relevant agencies/ experts, to seek the relevant input/ expertise and ensure this is reflected within the Terms of Reference. This may include for example:
- Information on marginalised or minoritised communities and domestic abuse
- Information on young people in abusive relationships
- Women’s experiences of domestic abuse and drug use
- Same sex experiences of domestic abuse
- Women’s experiences of homelessness
Additional expertise may be provided in a variety of ways e.g. an expert may attend part of one Case Review Panel meeting to provide a short input on a specific aspect, they may be asked to join the Case Review Panel, or they may provide a short paper/ briefing for Case Review Panels. Case Review Panels are to ensure that additional expertise is fully considered as part of the review analysis, findings and recommendations.
7.6. Case Review Panels – Review Terms of Reference
Each domestic homicide and domestic abuse related suicide review including combined (more than one related death) and joint reviews (more than one review process), must be underpinned by clear and specific Terms of Reference.
Standardised Terms of Reference will be considered and amended by the Review Oversight Committee to reflect the circumstances of the death(s) which the Review Oversight Committee are aware of at the time of its considerations. The Terms of Reference are iterative and will be refined through the review process. Following the establishment of a Case Review Panel, the Terms of Reference will be updated. The Case Review Panel’s considerations will include but are not limited to:
- Persons subject to a review – Information on the purpose of a domestic homicide or domestic abuse related suicide review, individuals the review will focus on, the relationship between the individuals and how the death(s) meet the review criteria.
- Combined Review – Where one or more related deaths are to be reviewed a combined review may be undertaken e.g. a mother and child who have both been killed within a domestic abuse context. The Terms of Reference should clearly articulate each death the review will include.
- Joint Review – Where a joint review is to be undertaken, the Terms of Reference should clearly outline the requirements for the domestic homicide or domestic abuse related suicide review and the other learning review process(es) that are to form part of the joint review.
- Out of scope – The Terms of Reference should set out what is not within the scope of a review. This will also be important where a joint review is to be undertaken.
- Temporal scope – the starting position is that the temporal scope for a review will be two years. However, this could be extended or it may be kept at two years but include additional points further back in time to capture specific events.
- Principles – The agreed principles for how the panel will work together should be included within the Terms of Reference.
- Equality, Diversity and Inclusion – Should be outlined within the Terms of Reference and are to include: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation, or other vulnerabilities.
- Agency involvement and absence – the agencies that are known to have been involved with the victim, perpetrator and where relevant, children, young people and relevant adults at risk, should be outlined within the Terms of Reference. Agencies where there has been little or no footprint where it may have been expected there could or should have been, also be included as there may be learning from a person’s absence or lack of engagement with a service/ agency.
- Questions or key lines of inquiry – are to be clearly outlined in the Terms of Reference. These are likely to be amended following the Case Review Panel Chairs meeting with family, friends and relevant others who knew the victim and perpetrator.
- Engagement with family, friends, colleagues and relevant others – How engagement with families, friends and relevant others will take place is to be included within the Terms of Reference. In most instances this will be through the Case Review Panel Chair or an advocate. Where there is to be a joint review a discussion with relevant agencies should take place to ensure there is an agreed approach to contact and engagement with families and friends to minimise the number of points of contact for those bereaved.
- Where a domestic homicide or domestic abuse related suicide review is to be undertaken in relation to the death of a child or young person under age 18 or 26 if previously looked after, the Terms of Reference are to outline that the Case Review Panel Chair is to complete the Core Data Set (see section 7.13). Certain information may be necessary to complete this action that is not provided within the notification, referral or scoping, it will be sought through the Individual Management Review template or through a separate request to the relevant health board. This will be outlined within the Terms of Reference.
- Expansion beyond the point of death – Where the Review Oversight Committee consider that a review is to proceed and that it should go beyond the point of death, Lord Advocate approval will be sought. Where Lord Advocate approval has been gained the Terms of Reference are to set out the terms of the expansion.
- Confidentiality – Electronic and paper review documents are to be stored safely/ securely. The Terms of Reference are to set out how to ensure the confidentiality of review documents.
- Disclosure – The Terms of Reference are to set out the process for how information will be shared/ disclosed where criminality is identified. The Terms of Reference should signpost to the protocol for further detail to avoid prejudice to ongoing criminal investigations or proceedings.
- Reporting – The Terms of Reference should set out what the Case Review Panel will prepare e.g. a pseudonymised report with local and national learning and recommendations.
- Media – The Terms of Reference are to outline how any public or media attention is to be managed.
- Aspirational aim – Each domestic homicide and domestic abuse related suicide review is to include within its Terms of Reference an aspirational aim. It is recognised that this may not be directly measurable or fully achievable within the review’s scope but collectively, these aspirations are important learning and will support wider system change. Where appropriate, the Case Review Panel Chair should understand what bereaved families/ friends would like to see change following the death of their loved one. This aspirational aim should also be included within the Terms of Reference.
Once the draft Terms of Reference are prepared, and where appropriate, the Case Review Panel Chair will meet with the family of the victim, their friends, colleagues, neighbours and relevant others within the community. Further detail on engagement with families, friends and relevant others is at 8.1 but in relation to the Terms of Reference, the Case Review Panel Chair or advocate will discuss the draft Terms of Reference with them so they can help to shape and inform the Terms of Reference. Family and friends know things about the victim and the perpetrator that agencies do not and therefore their input to the Terms of Reference is key.
The Terms of Reference will be revised and finalised by the Case Review Panel and the Secretariat will share them with the Review Oversight Committee for approval. Where a joint review is to be undertaken the Secretariat will share the finalised draft Terms of Reference with the Single Points of Contact and relevant leads within the local area. As an example for how this will work in practice in relation to a domestic homicide and child protection learning review – the Secretariat will liaise with the Single Point of Contact within the local Chief Officers’ Group on the development of the joint review Terms of Reference. Once the draft is finalised the Secretariat will share with the Single Point of Contact who will share with the Chief Officers’ Group for approval of relevant aspects of the joint review Terms of Reference. The Terms of Reference will then be sent to the Review Oversight Committee for final approval.
7.7. Case Review Panels – Combined Deaths and Joint Reviews
There are a number of learning review processes in Scotland, most of which are non-statutory. The deaths within scope of the domestic homicide or domestic abuse related suicide review can meet the criteria for another learning review e.g. child protection learning review or suicide review.
The statutory nature of domestic homicide and domestic abuse related suicide reviews means that if a death(s) meet the criteria then a domestic homicide or domestic abuse related suicide review will be established.
The 2025 Act makes provision for combined (more than one related death – e.g. a mother and child) and joint (another review process in addition to a domestic homicide or suicide review e.g. a domestic homicide and child protection learning review) reviews. Where a joint/ joint and combined review is to be undertaken the Review Oversight Committee retains responsibility for overseeing the review including whether that be a combined or joint review. Where a joint review is to proceed it is to be undertaken under the auspices of a domestic homicide or domestic abuse related suicide review.
Whilst there may be occasions where it may not be possible for a joint review to be undertaken, every effort should be made to find a way to do so to help reduce duplication, burden on the workforce and bereaved families whilst ensuring the domestic abuse lens is not lost or diluted.
Through a joint review the aim should be to reach a single set of recommendations which will be tracked and monitored at a national level through the domestic homicide and suicide review Secretariat. This will be in addition to the local arrangements and the Secretariat will work closely with the Single Points of Contact in local areas to coordinate updates on progress.
As part of the development of the domestic homicide and suicide review model, a set of core principles were developed in relation to reviews involving children and young people. Whilst the principles were developed specifically in relation to children and young people (those up to 18 or 26 if previously looked after) they have broader applicability. The principles are:
- only one review of the death of a child or young person unless multiple reviews are unavoidable
- where the death meets the criteria for a domestic homicide or domestic abuse related suicide review, the one review is to follow the process within the 2025 Act and statutory guidance
- the review should meet the requirements of the Child Death Review process and generate a Core Review Data Set for NHS Healthcare Improvement Scotland (see section 7.13). Where information for a proforma is not gathered initially from the domestic homicide or domestic abuse related suicide review notification and/ or referral, this information will be collated in the Individual Management Review template
- the local Child Protection Committee should be involved in drawing up the terms of reference for the review and nominate an appropriate member of the review panel
- the single review process should allow the Care Inspectorate to fulfil its duties with regard to the death of a child or young people in care or a care experienced child or young person/ learning reviews
- in addition to a domestic homicide or domestic abuse related review, a joint review should also meet the requirements of one or more of a suicide review, a child protection learning review, Multi Agency Public Protection Arrangements Significant Case Review (MAPPA SCR) and a Significant Adverse Event Review (SAER) as required
- the approach should be one of learning and improvement
- an initial assessment of what is known by the relevant agencies will be necessary to inform decision making at this stage and to decide whether the criteria for a domestic homicide or domestic abuse related suicide review are met. This will not be an initial or additional review but rather a scoping exercise to ensure that the one review has appropriate Terms of Reference and membership of the Case Review Panel.
- information will be provided to the domestic homicide and suicide Review Oversight Committee and Case Review Panel by all the relevant agencies
- single review will produce a single summary of learning and a single set of recommendations and actions
- each Case Review Panel should reflect the systems that were involved with the victim, perpetrator and any children or young people, or ought to have been involved
- a single review process should simplify communication with families and provide clarity for families, practitioners and agencies on what has been learnt from this death and what actions will be taken as a result of the review. It should also meet the Duty of Candour requirements where appropriate.
These principles should be considered where a joint domestic homicide or domestic abuse related suicide review is to be undertaken where it meets the criteria for other local multi-agency learning reviews beyond children and young people, where relevant and appropriate.
It is expected that a domestic homicide or domestic abuse related suicide review will look to be established shortly following a death. Close engagement will take place between those who are parties to the protocol but the expectation is that reviews will run in parallel to investigations and proceedings unless directed otherwise by the Lord Advocate.
Single Points of Contact within each agency will play a central role in the effective operation of domestic homicide and domestic abuse related suicide reviews. From the point of notification or referral onwards where there is potential for a joint review, the Secretariat will work closely with the relevant local Single Points of Contact to support a coordinated approach. Good working relationships between the Secretariat and Single Points of Contact will therefore be key.
The Single Point of Contact will be able to advise whether a local area is aware of a death and if so, whether a local learning review is being considered. This communication should be two-way. The Secretariat will contact the local Single Points of Contact regarding a death but it is expected that the local Single Points of Contact makes contact with the Secretariat where they become aware of a death which may be considered for review under the domestic homicide and domestic abuse related suicide review model. This will be particularly important in relation to domestic abuse related suicides where notifications could take longer than 7 days to be received by the Review Oversight Committee. This will ensure that any local review consideration is identified early and highlighted to the Review Oversight Committee at the earliest opportunity, which will help to avoid duplication.
Building on the early engagement with the relevant Single Points of Contact following the initial notification or referral to the Review Oversight Committee, the Secretariat will:
- ensure the Single Points of Contacts are aware of the Review Oversight Committee’s decision to undertake a domestic homicide or domestic abuse related suicide review. The Secretariat will confirm this in writing to the Single Point of Contact and relevant senior representatives within the agency e.g. the Chief Executive within the relevant local authority, Child Protection Committee, Adult Protection Committee etc.
- advise the Single Point of Contact and the senior representatives within the agency, who will be the Case Review Panel Chair
- seek a nomination from the Single Point of Contact for a Case Review Panel representative. For a joint review a meeting between the Secretariat, Single Points of Contact from a range of agencies and where necessary, the Case Review Panel Chair may be arranged to determine which agencies are to sit on a Case Review Panel
- discuss the draft joint review Terms of Reference
- coordinate arrangement for a facilitated learning review with practitioners and managers
- request the completion of Individual Management Reviews and chronologies and discuss timescales. Where there are points of clarification identified, these will be discussed with the Single Points of Contact as well as where additional information may be necessary
- following this, the Review Oversight Committee and/ or the Case Review Panel Chair will issue formal written notification to the relevant agencies to confirm that a domestic homicide or domestic abuse related suicide review will be proceeding. This notification sets out the purpose of the review, the expected involvement of each agency, and any initial information requests required to support the review process.
The Secretariat will maintain a list of Single Points of Contact for domestic homicide and domestic abuse related suicide purposes. Any changes to the Single Point of Contact within an agency should be notified to the Secretariat mailbox: dhsrmodel@gov.scot.
7.8. Data Sharing and Data Protection
The operation of domestic homicide and domestic abuse related suicide reviews will require the collection and sharing of personal data. Personal data is defined as information which relates to an identified or identifiable individual. It applies to living individuals. It does not extend to information about deceased individuals, businesses or other organisations.
Each organisation which handles personal data is responsible for its compliance with UK data protection legislation. Wider guidance on complying with data protection legislation is provided by the Information Commissioner’s Office, the regulatory body for data protection in the UK.
The Scottish Government will be the data controllers for the Review Oversight Committee and Case Review Panels. Participating bodies will be data controllers in their own right, and each party is responsible for compliance with data protection legislation, including relevant data protection principles:
- Data minimisation (sharing only what is necessary)
- Purpose limitation (for the purpose of a domestic homicide or domestic abuse related suicide review and thematic learning reports)
- Secure handling and storage
- Accountability – ensuring documentation (such as Data Protection Impact Assessments, privacy notices and data sharing agreements) are completed and up-to-date.
Data controllers sharing personal data must ensure that they have a legal power to share personal data, commonly referred to as a ‘legal gateway’. This is important to comply with the UKGDPR principle of lawfulness, fairness and transparency, and the ICO Data Sharing Code of Practice. For data controllers, this creates an ‘express statutory obligation’ as defined by the ICO Code of Practice.
To ensure the lawful and effective undertaking of domestic homicide and domestic abuse related suicide reviews, the 2025 Act places statutory duties of participation, co-operation, and information sharing of designated core participants when requested by the Review Oversight Committee and/ or a Case Review Panel and as soon as reasonably practicable. These designated core participants are:
- a local authority
- a health board (territorial board)
- a special health board
- the chief constable of Police Scotland
- the Scottish Police Authority
- the Police Investigations and Review Commissioner
- the Lord Advocate (for the Crown Office and Procurator Fiscal Service)
- the Scottish Courts and Tribunals Service
- Scottish Prison Service
- Community Justice Scotland
- the Risk Management Authority
- Social Care and Social Work Improvement Scotland (Care Inspectorate)
- the Scottish Social Services Council
- Social Work Scotland Ltd.
It should be emphasised that these duties in relation to the provision of information only extend to information which is reasonably considered necessary for the Review Oversight Committee and Case Review Panels to undertake their role. The powers within the 2025 Act cannot be used to conduct a ‘fishing expedition’ into an individual’s entire background and circumstances. Information that may be sought where reasonably necessary includes but is not limited to:
- Personal details such as name, date of birth, address and biographical details
- Family, lifestyle and social circumstances
- Criminal proceedings, outcomes, sentences, alternatives to prosecution
- Civil Proceedings and Tribunals
- Religious or other beliefs of a similar nature
- Physical or mental health or condition
- Financial details
- Goods or services provided
- Sound and visual images
- Licenses or permits held
- Sexual life/ sexual orientation
This can be information that is held in electronic and hard copy formats. Electronic records include information stored on a computer and Close Circuit Television (CCTV), while hard copy records include paper records. In some cases it may only be the Case Review Panel Chair that is able to see or hear certain visual or audio information e.g. police photographs of the quantity of medication taken in a domestic abuse related suicide.
The 2025 Act also sets out that a person is not required to produce information which they would be entitled to refuse to provide in proceedings in a court in Scotland. However, it does not relieve a person of the obligation to provide any information in relation to spent convictions or alternatives to prosecution where this is covered by an exemption under the Rehabilitation of Offenders Act 1974. Such exemptions were created by secondary legislation for the purposes of domestic homicide and domestic abuse related suicide reviews. This enables reviews to have access to evidence of spent convictions and alternatives to prosecution where this is reasonably necessary to the review.
There may be circumstances where information may not be able to be provided for the purposes of a domestic homicide or domestic abuse related suicide review. An example may be where the Lord Advocate determines that information might prejudice criminal proceedings in a criminal prosecution or would otherwise be contrary to the public interest. Given the Lord Advocate’s power to suspend or discontinue a review if necessary to avoid such prejudice, it may be necessary for the Case Review Panel to accept that the information cannot be obtained at that time.
7.9. Data Sharing and Data Protection – Retention
Data controllers are responsible for determining the retention periods for personal data they hold, in line with the data protection principle of storage limitation, which states that controllers should only retain data for as long as necessary to achieve the purpose it was collected for. This can either be a business purpose, or a legal requirement that the controller is subject to, such as the Public Records (Scotland) Act 2011.
The 2025 Act does not create retention periods for personal data. However, for domestic homicide and domestic abuse related suicide reviews, the source information will be retained for 21 years to allow the provision of evidence and to enable the Review Oversight Committee to justify decision-making for a given case in the following circumstances:
- a request for a judicial review, where the limitation period is 3 months from the date of a decision/ publication, although this can be extended at the courts’ discretion.
- a claim for criminal injury compensation, where any dependents are entitled to submit a claim for damages, and in this context, “children” are defined as anyone up to the age of 18 years old, with an additional two years allowed for submitting the claim.
- a claim for civil damages, where the limitation period is 5 years from the date a person turns 16 years old.
A review period of 21 years has therefore been determined by the Scottish Government. After which, if there are grounds for longer data retention, these will be taken into consideration, otherwise, the source information will be deleted.
7.10. Data Sharing and Data Protection – Children’s Personal Data
Some requests for information by the Review Oversight Committee and Case Review Panel may require the sharing of children’s personal data. Under Recital 38 of the UKGDPR: “children require specific protection with regard to their personal data as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data”.
Any request for a child’s personal data will have been considered by the Case Review Panel and Review Oversight Committee. The Secretariat will seek advice from Scottish Government Data Protection colleagues but where information is requested it must be necessary, and take into account the best interests of the child.
Privacy information which is aimed at children, or where children are potentially part of a wider group of data subjects, should take into account accessibility and ensure that communication on children’s rights in relation to their personal data is clear and age appropriate.
7.11. Data Sharing and Data Protection – Information Requests
Section 26 of the 2025 Act makes provision for the Scottish Ministers, the Chair of the Review Oversight Committee and the Chair of a Case Review Panel by notice to require a person to provide as soon as reasonably practicable information within its possession or control that is considered necessary for the carrying out of a review. This includes a wide range of persons such as voluntary organisations, GPs, dentists, banks, etc.
7.12. Data Sharing and Data Protection – Secure Data Storage
Data for the purposes of domestic homicide and domestic abuse related suicide reviews will be stored by the Scottish Government using a secure electronic data storage system. Access to the information will be restricted to those working within the domestic homicide and suicide review model process.
7.13. National Hub for Reviewing and Learning from the Deaths of Children and Young People
The National Hub aims to review and learn from the deaths of children and young people in Scotland. The primary goals are to ensure that every death of a child or young person receives a quality review, improve health outcomes and reduce preventable deaths.
Where a domestic homicide and suicide review involves the death of a child or young person who was under the age of 18 years old or 26 years old if previously looked after, the Case Review Panel Chair will complete the Core Data Set and upload to the National Hub unless informed by the health board that it will undertake this process.
Where information for a pro forma is not gathered initially from the review notification, referral, scoping or through the information received through the review process, this information will be collated through the Individual Management Review template.
Contact
Email: dhsrmodel@gov.scot