Victim Notification Scheme (VNS): independent review

Appendix B: Preceding reports

In 2007, a Scottish Government Social Research Analysis of the Victim Notification Scheme commented:

"The VNS is a multi-agency scheme managed by four agency stakeholders. Where problems arise for the management of the scheme these largely concern issues such as victims understanding of sentencing and the practical management of actions…

Throughout our contact with victims, it was also clear that some confusion existed about how the scheme operates and consideration should be given to how victims interpret the material relating to joining the scheme and their comprehension about how it works."

In 2017, some ten years later, The Review of Victim Care in the Justice Sector in Scotland chaired by Dr Lesley Thompson QC suggested that the fragmentation of the whole criminal justice system caused navigational obstacles for victims and their families:

"3.19 There is a perspective reported by victims that the system provides for the accused, but victims can be passed from authority, to agency, to service, with little in the way of continuity or consistency. I heard heartfelt pleas for there to be made available a routine service involving a 'case companion' or advocacy worker who is professional, knowledgeable, and available to steer victims and families through the web of criminal justice agencies and other arms of the state with whom they may need to engage, particularly in the aftermath of a death."

Again, complexity was identified as an obstacle:

"If a system is to be truly victim and outcome focussed, an effective document would be one which does not require victims of crime to refer to other documents, to multiple agencies and to multiple support providers."

The evidence we took from those with personal experience of the Scheme repeatedly referred to feelings of loss of control. The Thomson Report said:

"Providing Choice

Disempowerment is a strong theme which has emerged from this Review. That, and the sense that the harm done by a crime should not be compounded by contact with the criminal justice system. I heard repeatedly that where possible, choice should be built into a service response. This is respectful to the individual and their experience, but it can also assist in reducing harm / secondary victimisation and can form part of recovery.

An important aspect of the VIA service, from inception, has been that information is provided to victims, witnesses and next of kin pro-actively with information and updates being provided, regardless of whether or not the victim maintains contact with VIA. Procurators Fiscal refer victims to VIA in appropriate cases and thereafter, the service is provided unless, or until, a victim "opts out"."

The Report also appreciated the positive impact and importance of the inclusion of a human element in communications with victims:

"I am clear, however, that the role of VIA can be of most value to victims and witnesses where individual VIA officers have the capacity to develop, and sustain, close liaison with victims throughout their case. Excellent examples of this can be found in prosecutions at all levels but it is most evident in serious cases in which VIA officers have the opportunity to be engaged closely with victims and with other support organisations, playing a pivotal role in co-ordinating sometimes complex arrangements and relationships to ensure that victims' concerns are allayed and their needs met.

The second aspect of the VIA role is victim-led. Rather than being focussed on the victim's rights or the prosecutor's obligations, it is focussed on the individual needs of the victim.

It relies on meaningful engagement with the victim by people who are skilled and experienced in victim engagement and, crucially, who have an intimate understanding of the criminal justice system. The role requires empathy, sensitivity and patience. It requires a professional approach, not only because it demands specialist knowledge, skill and experience but also in the sense that it requires the exercise of judgement and discretion in deciding how to approach matters, the level of information to provide and, crucially, when to raise issues with other criminal justice partners."

A plea was also made for the criminal justice system to be accessible to victims in an easy and approachable manner, that victims should not have to repeat their story to every new arm of officialdom and that safety should be recognised as a prime consideration:

"Thirdly, a victim-led role is one which cannot be undertaken in isolation. It requires extensive engagement across the criminal justice agencies and with the third sector if the experience of the victim is to be seamless and so there must be consideration as to what approach allows us to maximise the scope for much closer collaboration between VIA and other partners. were a number of general themes which came through from consultation: -

• things should happen without the need to ask.
• that information be accurate, consistent and from someone in a position of knowledge.
• that needs be identified once, at the outset, without the need to repeat accounts or information.
• recognition that individual needs are often wider than issues connected with the giving of evidence.
• that safety – one of the main considerations – could involve housing / access to children and related civil proceedings.
• that access to ongoing counselling and therapeutic interventions needs to be improved."

The Report makes clear that the overriding wish from respondents was that there should be one single point of contact for victims:

"However, by far the most common theme which we heard over and over was that victims wanted one point of contact - a single source which could co-ordinate a response to all of their individual needs for practical assistance, support, information and explanation.

Victims can encounter a complex network of organisations and services, each with their own remits and boundaries which are supplemented with myriad protocols, service agreements and codes across agencies. This is a landscape which can frustrate and confuse the uninitiated as they search for support, advice and information. It manifests, too, in the multiplicity of leaflets, DVDs and web pages created by individual agencies. This has led to calls for a 'single point of contact' and /or a dedicated case worker to steer victims through the system."

In 2020, there was a further report 'Thrive'

Transforming Services for Victims and Witnesses July 2020

Transforming Service for Victims and Witnesses was commissioned jointly by Scottish Government, Crown Office Procurator Fiscal Service (COPFS) and Victim Support Scotland (VSS). The intention was to understand the gaps in support for a victim or witness' journey through the criminal justice system by taking a user-centred, service design approach.

This Report, produced three years after the Thomson Report, recognised that the problems had been largely identified and that steps were underway to address them, but there is still a way to go on this journey. In 2020 they noted:

"The nature of a complex system, such as the criminal justice system, is that there are many different perspectives on both problems and solutions. However, the nature of this system, with separation of duties, distinct statutory obligations, and a stretching agenda for legal reform, can lead to individual agencies 'just getting on with it', according to their individual priorities, and as a result, missing potential opportunities for more robust, cross cutting solutions that would improve the efficiency and resilience of the whole system, and the experience of victims and witnesses. There is no doubt that there has been considerable reform in the criminal justice system and the creation of the Victims' Task Force has provided transparency and visibility in relation to the wide range of initiatives underway. However, it can appear that there is an ever-increasing industry of those providing 'oversight' with the unintended consequence that there is less capacity within the system to get things done. The Victims' Taskforce has raised awareness of initiatives across the sector and as such, the potential for greater collaboration. However, it appears that the tools, methods, capabilities and practices of user-centred, collaborative problem solving are not yet well embedded."

Whilst the delivery agencies now published a joint performance report annually, the authors criticised the content and questioned its impact:

"Much of the content in the Standards of Service annual report is in narrative form, with no indication of whether progress is on, behind or ahead of target. The Standard of Service document offers assurances that the agencies 'need to do more, and can do more, and … are committed to doing more but it is difficult to connect the rhetoric to objective measures of progress. It seems unlikely that victims and witnesses would be aware of this document and, if they were, it would not provide a useful basis upon which to hold agencies to account.

Individual agencies do gather information relating to victims' and witnesses' interactions with them but in the main, this information relates to whether agencies have discharged their statutory duties rather than whether victims and witnesses were satisfied with the service they received. Each agency has its own complaints process, with victims and witnesses first having to identify which agency was responsible for the interaction and then contact them with a formal complaint. Agencies then review the complaint determine whether statutory duties were met, in which case the complaint is rejected, or not, in which case it is upheld."

The Report considered how IT might enable a smoother experience for victims. It considered this is not an insurmountable challenge but noted that proposals for a 'Witness Portal' seemed to prioritise witness engagement up to trial, rather than provide any facility for victims post sentence. It urged a more joined-up approach and a more agile service for victims in terms of a 'customer journey' approach.

"However, it is important to highlight that significant improvement is not reliant on innovative technology. The technology required to enable an end-to-end service for victims and witnesses is tested and available.

At its simplest, provision of consistent, accurate, well communicated information, online, would make a difference to victims' and witnesses' experiences. This is cheap and easy, with the application of the appropriate capabilities. The witness portal being taken forward by COPFS will improve access to witness statements, court scheduling and allow witnesses to indicate their availability and claim expenses. However, it does not currently link witnesses to sources of support; similarly, the Victim Notification Scheme does not link victims to sources of support; data sharing protocols between police and local authorities enable sharing of information relating to prisoners who may be released within 12 weeks but information in relation to victims' safety plans is not shared.

Truly transforming services for victims and witnesses requires a 'whole system' approach with greater collaboration between agencies and a shared perspective on the end to end customer journey.

Responsibility for a data strategy and implementation of an integrated information architecture to support service provision and improvement across all justice agencies

• Responsibility for designing and implementing cross sector 'customer journeys' through design of effective customer interactions and customer management across all channels – digital, phone, mail and face to face
• Review of responsibilities for 'enquiries' services with a view to ensuring efficient and effective customer service across all agencies
• Establishing an appropriate and dynamic performance management system to ensure customer service is monitored and feedback is used to improve across all customer interactions"

The Report considered how governance should be designed to oversee delivery mechanisms:

"Greater distinction between governance tasks and delivery tasks would be helpful in ensuring that whole system capacity is deployed to best effect and attention needs to be given to develop capacity and capability in both functions

Across these change initiatives, digital is a vital enabler, with significant potential to transform service for victims and witnesses. Realising this potential will require leaders across the system to adapt their practices to take a whole system approach."

Improving The Management Of Sexual Offence Cases

Final Report from the Lord Justice Clerk's Review Group March 2021

Lady Dorrian's report again mentions a need for a single point of contact, necessarily trauma informed.

"There is a need for greater and more user-friendly information from one consistent trauma-informed source of contact, from the outset and at relevant key stages of the process, provided by someone with adequate knowledge of the process, the circumstances of the case and of the complainer. (Page 8 Dorrian)

4.18 While it may be the case that at different stages of the process different organisations may be in possession of the necessary information, there seems to be no reason why in principle the information could not be made accessible or at least available for initial collation by one single trauma-informed source of contact who in turn can communicate it to the complainer. Protocols and systems can be put in place to ensure information sharing between agencies. Notwithstanding the restrictions on time and available resources the various justice agencies regularly work together in the provision of joint strategies and documents, the Standards of Services being just one example. A collective approach is needed, and the use of IT may help provide a solution."