Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Fairer Scotland Duty summary

Summary of evidence

There are an average of nine police recorded homicides in Scotland per annum where the homicide victim was killed by a partner or ex-partner. Homicide in Scotland 2022-23 - gov.scot (www.gov.scot). In 2022-23, there were eight victims killed by a partner or ex-partner. The homicides comprised of 6 female victims (46% of all female homicide victims) and 2 male victims (5% of all male victims). Between 2018-19 and 2022-23, there were 42 victims killed by a partner or ex-partner (34 female victims and 8 male victims). Between 2013-14 and 2022-23 there were 89 victims killed by a partner or ex-partner (63 female victims and 26 male victims).

In December 2022, the Scottish Government established a Taskforce to provide national leadership for the development and implementation of a multi-agency Domestic Homicide and Suicide Review model for Scotland. The Taskforce brings together partners from across justice, local government, health, academia, and victims organisations. The model has been informed by evidence and learning from models operating elsewhere, and takes into account the operating context in Scotland.

In September 2023, the Scottish Government established a Model Development Subgroup to support the work of the Taskforce by developing the detail of Scottish model. The Model Development Subgroup will also carry test and evaluate the model to ensure it is robust and fit for purpose before it is rolled out.

A number of Task and Finish Groups have also been created to focus on specific or more complex aspects of the model. These include a Domestic Abuse Related Suicide Task and Finish Group; Children and Young People Task and Finish Group; Workforce and Training Task and Finish Group; and an Information Governance Delivery Group.

A package of evidence has been brought together to inform the work of the Taskforce, Model Development Subgroup, and Task and Finish Groups that are taking forward distinct aspects of the work. The evidence includes papers which consider how Domestic Homicide Review models operate in other countries and what can be learned from them, as well as the findings of a consultation and targeted engagement undertaken with people with lived experience of domestic abuse or bereaved by domestic homicide and domestic suicide, as well as professionals working in the field of domestic abuse.

With regards to the victims of domestic abuse related deaths, the key findings from an analysis of domestic homicide reviews: October 2019 to September 2020, published by the Home Office in September 2021 (updated April 2023), indicate that 61% of 127 victims (of which 14 were, or appeared to be, victims of domestic abuse who died by suicide) had a vulnerability, with 34% having one vulnerability and 27% having more than one.

Of the vulnerabilities, 34% were mental ill-health, 28% were problem alcohol use, and 22% were illicit drug use. For 26% of those with a mental health vulnerability, this was depression, and 16% had suicidal thoughts. Fourteen percent had attempted to take their life by suicide and, with 14% also, the vulnerability was low mood or anxiety.

The domestic homicide reviews in England and Wales also indicate that 8% of the victims were carers. In 60% of these cases, the homicide was carried out by a person being cared for. None of the victims with a caring role had received a carer’s assessment of their support needs connected with their role as a carer.

Similarly, with regards to the perpetrators of domestic abuse and domestic homicides, the key findings from analysis of domestic homicide reviews: October 2019 to September 2020, published by the Home Office in September 2021 (updated April 2023), indicate that 71% of the perpetrators were considered to have a vulnerability and the most common were: illicit drug use, mental ill-health, and problematic alcohol use. 31% of perpetrators were affected by mental health issues and for 23% this was depression and 21% were suicidal thoughts.

The domestic homicide reviews in England and Wales also indicate that 13% of perpetrators were carers. However, only one perpetrator had received a carer’s assessment under the Care Act 2014.

There are a number of gaps in evidence that have currently been identified in relation to some of the categories that would be within the scope of the review model, primarily domestic suicides and children and young people.

There is less clarity on the data related to domestic suicides, and this is something that is currently being explored by a dedicated Task and Finish Group. Research has been undertaken in England and Wales, which suggests that the number of domestic suicides could be as much as double the number of domestic homicides. For Scotland, that would equate to approximately 18 per annum based on annual averages of domestic homicides in Scotland.

Whilst there is data available in relation to the number of children who have been killed, this cannot currently be separated into deaths where a child was killed in a domestic abuse context. Through the review model which is being informed by a dedicated Children and Young People Task and Finish Group, this important gap will be addressed and provide invaluable learning in understanding the extent of the issue of domestic abuse in relation to children and young people, and enabling progress to be made towards better protecting children and young people in Scotland, and those who care for them.