Victim Notification Scheme (VNS): independent review

Section 12: Current CJS Initiatives

We note initiatives, sponsored by the Victims Taskforce and one within the Scottish Government, which have importance for the Victim Notification Scheme.

The Victim Centred Approach Workstream (Victims Taskforce)

This group, jointly chaired by the Chief Executives of the Parole Board Scotland and Victim Support Scotland, aims to map out current provision, develop a Victim Centred Approach vision and develop a single point of contact for victims.

"Our vision is that victims and witnesses will be treated with fairness, compassion and in a trauma-informed manner in which their safety and well-being are a priority. They will have access to consistent, appropriate and timely information and support. They will be able to understand their right, have confidence that these rights will be upheld and be able to participate effectively."

In September 2022, the Group issued an invitation to tender to several service design organisations inviting them to provide the workstream with tangible, fully scoped and costed models of support that can be implemented. Work was due to begin in February 2023 and is scheduled to last six months.

The Invitation to Tender document refers to the Thomson Report of 2017 which identified there was no unified approach to delivering an information or support service to victims and witnesses, rather the victim experience was delivered through multiple interactions leading to complexity, duplication, gaps and re-traumatisation. The vision is that there should be 'one front door'. The work is to map out a number of possible approaches to determine if existing services could be expanded or new services developed.

Whilst this progress is to be welcomed, given that one of the workstream's drivers is the Thomson Report of 2017 (see Appendix B) and that the workstream has been considering these issues since 2021, this relatively slow progress serves as an illustration of the pace of change.

It is to be hoped the latest scoping study on a single point of contact, commissioned by the Victims' Taskforce, will move the pace on. The Invitation to Tender document refers to the phrases 'victim centred approach', 'one front door' and a 'single point of contact' under an overarching heading of a 'victim centred approach'. We suggest that it would help to develop focus in this area if these concepts were more clearly defined; there is a risk of initiatives overlapping if that clarity is not established.

A Trauma-Informed Approach

The Victims Taskforce commissioned 'Trauma Informed Justice – A Knowledge and Skills Framework for Working with Victims and Witnesses'.

The framework has the ambition of ensuring there is a shared language and understanding around the aims of a trauma-informed justice system for victims and witnesses across all staff, and of identifying what staff in different roles need to know and can do to bring that about. A final working document has been agreed.

This workstream has been led by Dr Caroline Bruce at NHS Scotland. We have been pleased to find broad awareness of and engagement with Dr Bruce's work across the delivery organisations.

Witness Gateway

Work towards an IT based Witness Gateway has been underway. COPFS' Information Services Division has developed the first Witness Gateway product, which focusses on witness availability management. Functionality includes secure access to statements, and witness support services expense claims, which will be released in phases over 2023. We note it has been underway for some time.

We have been informed by the COPFS Project that initial work will provide links to justice information, COPFS' VIA (Victim Information and Advice) services will be incorporated into the portal, alongside links to information on the Victim Notification Scheme. The Project team has advised us that discussions are planned to consider the potential of the COPFS Witness Gateway to support a national victims and witnesses online service. There will be an evaluation in the Spring of 2023, but it does not appear that this work is close to meeting the expressed needs of VNS registered victims post sentence at this stage.

Victims are all witnesses but not all witnesses are victims; a more holistic approach to developing a portal for witnesses and victims would be more comprehensive. If not, there is a risk a number of separate online services might exist in the future for witnesses and victims.

It will be important that the Witness Portal and the Single Point of Contact scoping recently commissioned by the VCA Workstream of the Victims' Taskforce and the recommendations in this review are joined up.

This leads on to another initiative we examined, the recent Case Related Data Discovery Report, sponsored by the Scottish Government Justice Directorate.

At the time of starting our review, there was a Scottish Government commissioned research project underway looking at case-related data in the Scottish Criminal Justice System. It identified that case-related data and information were not being used in the best possible ways to support victims and witnesses in their journey through the criminal justice process, from their first contact with the police to the process being concluded, in whatever form that takes.

It identified a lack of clarity about what data and information victims and victim support organisations need or would like to see and at what points in the process. It found that data is presented in organisational siloes, rather than in a person-centred way, with victims being expected to understand how the organisations fit together and how they should engage with them.

It also recommended access to data and information should be considered through the lens of the trauma-informed approach, which is being developed across the Scottish Government. We have chosen to include relevant detail and quotes in our report, as this reinforces the evidence we have established elsewhere. Key points from the research we noted were:

• On-boarding, off-boarding, and transition moments within the justice system are pain points for victims and witnesses as ownership and responsibility for organisations and expectations for victims at these stages can be unclear
• Building knowledge, trust and confidence in the justice system is difficult for a victim or witness due to inconsistencies brought about by siloes of information
• Expectation setting, consistency in communication and support end to end may improve a victim's experience throughout the justice system
• "As a victim or witness, I needconsistent communication delivered in an appropriate way that works for me, so I don't get caught unawares or feel forgotten by the system."
• "I don't think it is appropriate to share everything in a letter. Sensitive information should be shared over the phone if it's going to be a shock or a surprise."
• "It's important to manage expectations. Be very honest with people from day one about timescales and the final decision might not be what the victim wants."
• "We don't want the person telling and retelling their story all the time. We need access to data."

On-boarding, off-boarding and transition moments are poor experiences for victims and witnesses

• While some victims are already engaged with support organisations before they enter the core justice system, many are not, and this can lead to a challenging on-boarding experience.
• "It really depends on the officer they spoke to – if it's a positive relationship, that will sway them in the experience and ease them."
• The criminal justice system has natural endpoints for a victim (a case is not taken forward; an accused is prosecuted) but that does not match up with a victim's experience of a crime. The process may end, but victim's need for support and guidance may not. This is particularly true after a trial is over.
• Transition moments, or stages when one core organisation changes to another, can also cause confusion, as communication between the justice system and the victim changes and the pace can also change unexpectedly. It is also unclear who is responsible or who has ownership at these stages, both within the justice system and from the victim's perspective.

What touchpoints do victims and witnesses currently have with data and information related to their case across the end-to-end journey?

Victims and witnesses experience case data and information mainly through physical letters or phone calls. Participants who were interviewed mentioned that their preference would always be to deliver information face to face or over the phone to allow follow-up questions to be answered, translate justice jargon and maintain a personal touch. However, due to resourcing, this is not always possible.

Inconsistentcommunication is stressful for victims and witnesses. Too little contact can lead a victim or witness to believe they have been forgotten about or that they are not important. However, unexpected communications that have not been agreed up front and anticipated can have a negative impact on a victim or witness.

Access to case data and information for a victim can feel like 'luck' – it is dependent on who is supporting them, the relationship they have with organisations, and how timely information is updated in the system.

The CRDT review concluded that there was potential to widen the remit of the development of the Witness Portal to provide a single one-stop gateway for victims and witnesses. This could include registering for the VNS, to de-register, opt-out, amend contact details, see what the key dates are relating to a registration, and receiving updates about the case or sentence progression.

We have been informed that the CRDT recommendations may not be taken forward at present due to a lack of resources. Ambitious, wide reform may be challenging under current circumstances, notwithstanding the difficulties of introducing major IT programmes, but the feedback from this research received chimes closely with our own findings

Recommendation 4. Single point of contact. Section 12.

We recommend the Witness Portal work and Single Point of Contact work arising from the Victims Taskforce VCA Workstream include provision for straightforward access to the VNS for victims.