Victim Notification Scheme (VNS): independent review

Section 36: Recommendations

Recommendation 1. Objectives and targets. Section 9 (All VNS)

Considerable attention should be given to devising meaningful objectives and targets across the delivery of the VNS, which clearly relate to its purpose. There should be a common currency for targets, to include a focus on improvement, user satisfaction and well-being.

Recommendation 2. Objectives and targets. Section 9 (CORO VNS only)

We recommend that, whilst volumes are small, mental health cases are part of the landscape and should come within the ambit of performance reporting in order to provide a full picture. We recommend the inclusion of reporting data on the handling of mental health cases in the Performance Report.

Recommendation 3. Key data. Section 11. (All VNS)

We recommend that work be done to identify the key data for the VNS, to identify overall how efficient and effective VNS performance is and to ensure it is readily available to managers of the Scheme to continuously improve it and ensure it genuinely meets its purpose and serves victims as intended. User feedback should be included. This should be the key information in the published performance report by each of the agencies involved.

Recommendation 4. Single point of contact. Section 12. (All VNS)

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.

Recommendation 5. Confirmation streamlining. Section 17. (Criminal Justice VNS only)

We do not see a need for this additional layer and recommend that SPS and COPFS jointly look at how this procedure might be streamlined.

Recommendation 6. Eligibility check. Section 18 (Criminal Justice VNS only)

In the case of victims of offenders sentenced to under 18 months, we would hope this could be done centrally via a COPFS database, rather than an SPS official needing to contact an individual sentencing court.

Recommendation 7. Explanation for rejection – Parole. Section 19. (Criminal Justice VNS only)

We recommend that unless there are exceptionally overriding circumstances, any rejection of a victim's application should be explained to them.

Recommendation 8. Mental health procedures. Section 20. (CORO VNS only)

We recommend that the 10 amendments to mental health procedures (outlined in Section 20 of this report 8(a) to 8(i)) be adopted.

Recommendation 9. Young offenders. Section 22. (Criminal Justice VNS only)

A process should be devised to extend the VNS to include young offenders in secure care, as well as young mentally disordered offenders.

Recommendation 10. Transfers around UK and immigration cases. Section 23 (All VNS)

We recommend that victim notification procedures for victims in Scotland regarding prisoners and patients who may be transferred around the United Kingdom be reviewed, with a view to establishing appropriate protocols, supported by legislation if required. This review should also consider the notification of disclosable information concerning the deportation of foreign nationals.

Recommendation 11. Eligibility and discretion. Section 24 (All VNS)

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 (All VNS)

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.^[9]

Recommendation 13. Children's rights. Section 25 (All VNS)

Any proposed reforms to the VNS with regard to children should be accompanied by a children's rights impact assessment.

Recommendation 14. Age of registration. Section 25 (All VNS)

We have concluded that children over the age of 12 should have the ability to authorise an adult to act on their behalf in the light of the UNCRC and ICO considerations above, that children over the age of 12 should be treated on a case-by-case basis according to their capacity and choice where appropriate. We recommend that there should be a clearly laid-out process for establishing how a young person over the age of 12 should register, including how, where and when appropriate advice may be given, and safeguards to confirm any decision is proportionate and well-informed.^[10]

Recommendation 15. Criteria under 18 months and release. Section 26 (Criminal Justice VNS only)

We recommend that for sentences under 18 months, notification criteria be extended to include death in custody and transfer outwith Scotland.

We recommend that in any instance of temporary release, where the offender might come into close proximity with the victim, that notification be made and that the 'first release only' provision be amended.

Recommendation 16. VNS Flag. Section 28 (All VNS)

We recommend that, where there is a VNS flag in respect of an offender, the VNS agencies and the MAPPA policy team should work together to address the anomaly of non-disclosure of relevant information to the safety planning partnerships.

Recommendation 17. Automatic referral. Section 29 (All VNS)

Having carefully considered the arguments, we have concluded that a solution to many of the currently perceived shortfalls of the process could best be addressed by the adoption of a system of automatic referral of all eligible victims. All victims meeting the current criteria for registration with the VNS should be systematically identified and their details passed to a suitably qualified team of contact officers within a prescribed time limit. Having received these details, the team would make personal contact with the victim (again within a prescribed time limit to ensure timely engagement) to explain the process, invite registration or, if the victim chooses not to do so, set a time to make further contact with the victim later to check the victim's wishes or needs had not altered. This allows for the personal communication with the victim, opportunities to answer questions or explain, to offer choice to the victim relating to their needs and wishes and, above all, flexibility.

Recommendation 18. Communication. Section 30. (All VNS)

For any system to be truly trauma-informed, the victim should be offered a readily accessible menu of means of staying in touch, so they choose what is best for them and they can alter their choice when they need to. Victims' needs will change over time and the system should reflect this.

We recommend delivery partners each clarify their GDPR procedures to ensure that restrictions are not applied unnecessarily with regard to use of email, records retention policies and sharing information with relevant partners.

There are also occasions when notifications arrive on anniversaries, such as a birthday or the date of the sentence. This causes particular distress. We noted that in New Zealand and other international jurisdictions, efforts are made specifically to avoid this unnecessary distress and this should also be adopted by the Scottish system.

Recommendation 19. Rationalise online information. Section 30. (All VNS)

We recommend that a review be undertaken of all the official websites giving details of the VNS, to rationalise VNS information into one common format in clear, concise, consistent and accessible language. Ideally, there should be one single website and one phone number/email address for victims to contact. Information should not be confined to script. We recommend also that visual information is available on one main website, containing videos and graphics for example, be produced alongside for those who prefer visual media. Mainstream platforms, such as YouTube, could also be considered.

Recommendation 20. A new victim contact team. Section 33. (All VNS)

We recommend that a new victim contact team, managed by or accountable to the Justice Directorate, be established, to sit outside the delivery organisations but work closely with them and the victim support organisations, to provide a personalised service for victims.

Recommendation 21. Contact team function. Section 33. (All VNS)

This team should receive automatic referrals from COPFS for victims, where there has been a custodial sentence or Compulsion Order and Restriction Order, within a target period and make personal contact with the victim within another specified target period. The team should offer enrolment within the VNS, provide information on the process and their rights and entitlements. They should offer victims a choice of future communication, including how to opt out of any information not desired and the right to re-enrol at any time of their choice. The team should be managed centrally by or accountable to the Justice Directorate of the Scottish Government and be made up of suitably trained and skilled operatives and be able to operate across all the interested delivery agencies with appropriate data sharing protocols.

Recommendation 22. Diversity. Section 34. (All VNS)

Diversity monitoring should be adopted to check on accessibility and progress.

Where information given is likely to cause anxiety, confusion or an emotional response, we recommend that such information be given orally where possible.

We have further recommended that information be available in a variety of accessible forms, including the visual (Recommendation 19).