Lady Dorrian Review Governance Group: Specialist Sexual Offences Court Working Group Report

Part 7: implementation of trauma-informed training – other professionals

The Group considered the terms and the proposed reach of the training proposed by the Lady Dorrian Review.^[19] In doing so some members queried the specific reach of the training required for legal professionals e.g. did it include instructing solicitors who would not appear before the New Court. The Group accordingly looked at this further.

It was acknowledged that no express mention of this had been made in the Review Report. A majority of members of the Group ultimately supported some form of mandatory requirement for solicitors to be trained in trauma-informed practices when instructed in cases falling within the New Court's jurisdiction. This was on the basis that they were more often than not the parties taking precognitions from complainers and vulnerable witnesses and engaging with vulnerable people involved in a case on a daily basis. A majority agreed that while it should not necessarily be the detailed training required of those appearing before the New Court it should cover the key themes and requirements of the course, finessed as required. Further discussion would be needed on the content and form of such training, as the New Court and the concept of trauma-informed practice evolved. A key aim nonetheless should be to try and maintain consistency in so far as possible in the training, and allow practitioners to easily evidence their uptake of training. It was accepted that there was no readily identifiable party to monitor compliance, and such monitoring may be onerous given the volume of parties its reach would cover. One suggestion was that mandatory CPD for criminal legal professionals, akin to the mandatory requirement for risk management introduced by the Law Society, could be introduced provided this was supported with the provision of sufficient free resources.

Supporting training

Throughout discussions some members of the Group raised concerns about the ability, capacity and cost associated with legal professionals undertaking the requisite trauma-informed training to support the New Court; be it the training as recommended in the Review or by this Group; and what solutions or support for this might be available or could be introduced. While attendance and uptake would be a decision for practitioners wishing to practice in the area, additional support for this was welcomed by many of the Group.

This was a particular concern for solicitors, who while not appearing before the court would, based on the majority views of the Group, be required to undertake some form of training. Consideration was given to a number of options. It was acknowledged in the first instance that there were a number of free online courses, CPD and resources from a variety of organisations which could be accessed by instructing solicitors. The national justice sector trauma-informed framework, once available and introduced, would invariably assist too. Other suggestions received from members were focused on supporting all legal professionals and not just instructing solicitors. Some suggestions included the need for additional public funding/subsidy. Others suggested perhaps introducing courses as part of the entrant syllabus to the Faculty, and the equivalent for solicitors and solicitor advocates.^[20] No unified response on a specific recommendation could be reached, but there was broad consensus within the Group that further discussion on the options required to be considered and progressed further, as the concept and creation of the New Court evolved. Some members were particularly conscious that further consideration and discussion may be better focused to take place and align with the development of the justice sector wide national trauma-informed framework and resources which would be provided to support that.

Implementation of trauma-informed training recommendations:

The Working Group recommends that:

• solicitors instructed in the prosecution or defence of cases proceeding before the New Court should be required to undertake trauma-informed training. The scope and detail of which, and the extent to which a solicitor may require to evidence compliance requires to be considered further. It is not envisaged by members of this Working Group that it should emulate the content and terms of the accredited courses required for those appearing before the New Court, but its key themes and issues should be included
• further consideration requires to be given as to the methods and ways in which legal professionals, particularly those solicitors not appearing before the New Specialist Sexual Offences court could potentially be assisted in complying with their obligations to undertake trauma-informed training, and how that could be evidenced and monitored
• further consideration and possible options, while not exhaustive, could consist of the availability of public funding, the exploration and expansion of free or reduced fees for courses, and review of current training requirements on entry to branches of the profession.