Testing Scotland's proposed domestic homicide and Suicide review model: phase one report and SG response

Appendix 3: Domestic Homicide and Suicide Reviews (DHSR) – Summary of powers and responsibilities

Scottish Government

Appointment method and requirements: N/A

Powers and responsibilities:

• Receive copies of notifications;
• Can make a written referral for a DHSR where notifying bodies have not;
• Can overrule the ROC decision not to undertake a DHSR;
• Issue written guidance about the functions of the ROC and the panels;
• Provide the secretariat function to the review process to enable it to function effectively;
• Report biannually to parliament on themes;
• Have an enabling power – to change (in relation to DHSRs):
  • What it means for abusive behaviour to ‘result in’ or be a contributing factor to a death;
  • What the relationship between two people needs to be;
  • Cover circumstances where there is no death (e.g. near death incidents); and
• Change the name of reviews.

Lord Advocate*

Appointment method and requirements: N/A

Powers and responsibilities:

• Notifying body – gives written notice of deaths that they believe are reviewable;
• Can revoke a referral prior to the ROC’s decision on whether the death is reviewable with reasons;
• Can temporarily suspend the review due to other proceedings;
• Can order the permanent discontinuation of the review; and
• Must inform Ministers of any suspension or discontinuation.

Chief Constable of Police Scotland*

Appointment method and requirements: N/A

Powers and responsibilities:

• Notifying body – gives written notice of deaths that they believe are reviewable.

Review Oversight Committee (ROC)

Appointment method and requirements: See below

Powers and responsibilities:

• Review notifications and decide whether to progress a DHSR;
• Set the review’s terms of reference;
• Establish a Case Review Panel to carry out the review;
• Maintain the panel for the duration of the review (supervisory role);
• Can also establish a panel to carry out a joint review of more than one death or instruct a panel to carry out its review in conjunction with another form of review being carried out;
• Review and sign off the DHSR report, making or requesting changes if required; and
• Decide whether to publish the report subject to the approval of the Lord Advocate. In all cases the ROC must publish such information as it considers appropriate about the recommendations in the reports. Require a response to recommendations made.

ROC chair and deputy chair*

Appointment method and requirements:

• Public appointment;
• A paid role;
• Disqualifications:
  • At the time of being appointed or in the year preceding this, has held any of the roles set out in schedule/para 3(1); and
  • Not to be, or in the year preceding the appointment have been, a member, employee or appointee of a victim-support organisation (which is not limited to victims of abusive domestic behaviour), or involved in the oversight of services in relation to victims of abusive domestic behaviour.
• Tenure is for up to 5 years with a possible 1 year extension and potential for reappointment which could take the total period in office to up to 8 years.

ROC committee members

Appointment method and requirements:

• As Scottish Ministers determine. Nominations received from nominating bodies;
• Those which may nominate individuals to be members of the committee are –

(a) a local authority;

(b) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;

(c) the chief constable of the Police Service of Scotland;

(d) the Crown Office and Procurator Fiscal Service;

(e) Community Justice Scotland;

(f) Social Care and Social Work Improvement Scotland; and

(g) the Scottish Social Services Council.

• Must also ensure voluntary sector representation.

Case Review Panels

Appointment method and requirements:

• Convened on ad hoc basis by the ROC;
• Disqualifications:
  • An individual is not to be appointed as a panel chair or as another member of a panel if the individual is or, within the 3 years preceding the date on which the appointment is to take effect, has been a member of the Review Oversight Committee.

Panel chairs

Appointment method and requirements:

• Public appointment. A pool of at least 3 chairs required;
• A paid role;
• Chairs ‘bring their own unique expertise’;
• Disqualifications:
  • At the time of being appointed or in the year preceding this, has held any of the roles set out in schedule/para 3(1); and
  • Not to be, or in the year preceding the appointment have been, a member, employee or appointee of a victim-support organisation (which is not limited to victims of abusive domestic behaviour), or involved in the oversight of services in relation to victims of abusive domestic behaviour.
• Tenure is for up to 5 years with a possible 1 year extension and potential for reappointment which could take the total period in office to up to 8 years.

Panel members

Appointment method and requirements:

• Appointed by ROC on ad hoc basis for reviews;
• Unpaid role; and
• Are appointed on such terms and conditions as the Review Oversight Committee, with the consent of the Scottish Ministers, determines.

Public authorities

Appointment method and requirements:

• “Relevant public authority” means –

(a) a local authority;

(b) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;

(c) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978;

(d) the chief constable of the Police Service of Scotland;

(e) the Scottish Police Authority;

(f) the Lord Advocate;

(g) the Scottish Courts and Tribunals Service;

(h) the Scottish Ministers in the exercise of their functions under the Prisons (Scotland) Act 1989;

(i) Community Justice Scotland;

(j) Social Care and Social Work Improvement Scotland; and

(k) the Scottish Social Services Council.

*The chair of the Review Oversight Committee, the Chief Constable of Police Scotland, the Lord Advocate, and the Scottish Ministers are required to agree and maintain a protocol when information obtained in connection with review proceedings will be provided by the Review Oversight Committee or a Case Review Panel to the Chief Constable of Police Scotland.