Guidance on Joint Investigative Interviewing of Child Witnesses in Scotland

APPENDIX E: Consent form (to be provided after the interview)

Information for Professionals

Consent is not legally required;

from parents or children before interviewing them or before visually recording the interview. Nor is consent required to view a recording of an interview when:-

• it is necessary to view a recording of the interview for the purpose of investigation of a criminal complaint, or by the children's reporter.
• the content of a recording (or more accurately, an interview) materially affects the conduct or outcome of an investigation, e.g. when aspects of the investigation may have to be re-visited or re-done.
• there is a Court Order requiring disclosure.

Consent is legally required;

to view recordings where, for example, the reason to view does not form a direct part of the purpose for obtaining the recording, such as:

• Competence evaluation - a formal process of monitoring the professional and technical competence of interviewers to assist professional development, support professional qualification, inform performance assessment, or facilitate a registration scheme;
• Complaint - a notification from an interested party of dissatisfaction with aspects of the conduct of an investigation or interviews, which may require formal investigation in respect of possible disciplinary or professional misconduct procedures, or the monitoring of standards;
• Practice review- a process undertaken by senior or peers with the objective of professional development and continuous improvement.

Child's ability to give consent:

In Scotland, a person of twelve years or more is presumed to be of sufficient age and maturity to give consent. Where consent is required to view a recording, agreement should be sought and obtained from the child where appropriate and interviewers should explain the reasons behind this.

Information for young people, parents and carers

Interviewers MUST ensure that this form is completed at the end of each interview or subsequently

To help keep children safe a small number of people will be allowed to see the interview that has taken place. This may include the Children's Reporter or the Procurator Fiscal, who are involved with the law or any other person involved in the enquiry

However, it is helpful for other people to see the interview to help police and social workers get better at interviewing children and young people, and help to identify any training issues. This can only happen if you agree. If you do agree, the people who are allowed to watch the interview will keep it confidential.

I agree/ do not agree (delete as appropriate)

for the recording of the interview with ___________________

to be used to help Social Workers and police get better at interviewing children and young people

signature ______________________________Date__________

(for child who is 12 years and over may be presumed to be able to give their own consent)

signature ___________________________Date______________

relationship to child_____________________________________

(for parent/carers /guardian where the child is not of age or maturity to give their own consent)

If at some time in the future you wish to change your decision please contact one of the interviewers or social work or police services.