Victim Notification Scheme (VNS): independent review

Section 24: Eligibility

The Scheme has set out eligibility criteria as follows: (COPFS website):

If you are one of the following, you are eligible to receive information under the VNS:

• all victims, aged 12 years and over
• the parent, guardian or carer of a child victim, aged under 12 years
• the carer of an incapacitated victim
• the four highest listed nearest relatives of a deceased person (see below)

The eligible nearest relatives listed in order of highest first

(a) spouse or civil partner

(b) cohabitee

(c) son or daughter or any person that the victim had parental rights or responsibilities for

(d) father or mother or any person who had parental rights or responsibilities for the victim

(e) brother or sister

(f) grandparent

(g) grandchild

(h) uncle or aunt

(i) nephew or niece

and the elder of any two persons described in items (a) to (i) above is to be taken as the higher listed person, regardless of sex.

We received feedback from several respondents that the hierarchy above has presented difficulties in practical terms, where relationships do not fit the table above. Where children as victims sit within the VNS presents issues of its own and is considered below. Family relationships are not as sequential as this table lays out; in particular modern family relationships have changed over recent years, such as with 'blended' families and the criteria should be revisited to reflect this. Beyond administrative convenience, we did not establish any particular reason why eligibility is restricted to the four highest listed relatives. We consider the nature of a relationship, rather than a family tree should be a guiding factor. Victims and support organisations have told us that the application of the scheme eligibility criteria can cause them considerable anxiety and stress. We consider that Scotland should adopt a model in use elsewhere and permit a victim to nominate a person formally to receive information on their behalf.

We are concerned that the strict guidance on eligible relationships in the case of a family bereaved by crime, may cause unnecessary distress to loved ones or their relatives. It is understandable that, for example, it may be expedient, for example, to limit the number of victim impact statements that are considered, but things should not be so rigid in terms of managing the emotional impact on a victim's family.

Recommendation 11. Eligibility and discretion. Section 24

We recommend that the considered exercise of discretion be extended to the table above, to reflect the reality of relationships on a case-by-case basis. This should not be taken as suggesting a wide relaxation of the criteria. There should be a general aim of limiting the victim's eligibility to up to four relatives, but there is a need to allow discretion to reflect real circumstances rather than a traditional family tree hierarchy. Doing so would also support a trauma-informed and personalised approach. Once a genuine interest has been established, rejecting an application on grounds of the application of eligibility rules should only occur in the most exceptional circumstances

Recommendation 12. Nomination. Section 24

We recommend that victims are allowed to formally nominate one person to receive information on their behalf.

We understand Scottish Ministers may amend the criteria under Sections 16 and 18B of the 2003 Act.