Bereavement abroad through homicide or culpable homicide - support: memorandum of understanding

6. Foreign, Commonwealth and Development Office (FCDO)

The FCDO promotes the UK’s interests overseas, supporting UK citizens and businesses around the globe. The FCDO is responsible for supporting British nationals around the world through modern and efficient consular services. This support is provided by the FCDO’s Consular Directorate, and is delivered overseas by Consular staff at Embassies, High Commissions and Consulates. Staff abroad are supported by their Consular Directorate colleagues in the UK. Where a British national dies abroad as a result of murder or manslaughter, the bereaved family may be offered support from the FCDO’s Murder and Manslaughter Team (MMT) or, particularly in Europe, from consular officers in the country where the death occurred. The FCDO will advise on this depending on the facts of each case. Further information on the MMT is provided at paragraph 6.10.

Under Article 37 of the Vienna Convention on Consular Relations (VCCR) all countries have an obligation to inform the relevant consular post within which district a death occurs, ‘without delay’. However, foreign governments are under no obligation to provide the FCDO with any further information in relation to the death of a British national abroad. In some countries the investigating authorities and courts may refuse to answer enquiries from third parties, which can include British consular staff. For avoidance of doubt, the FCDO does not provide legal advice. This is why consular staff often recommend that the bereaved family consider engaging a lawyer who can represent their interests in the foreign country.

Notification of the death

When the FCDO Consular Directorate is first notified of a death abroad of a British national resident in Scotland they will arrange for Police Scotland to sensitively notify the next of kin as soon as possible. The consular officer (or, out of hours, the FCDO Global Response Centre) will ask the relevant police force notifying the next of kin to pass on the details for consular staff, to ensure that the family member has a contact point for the FCDO. The next of kin will be notified of the existence of this MoU as standard when a FCDO bereavement pack is issued.

The FCDO will always try to ensure that the next of kin do not hear about a death through a third party. However, due to social media, this cannot always be prevented.

Following notification of the death, a consular officer will be assigned as a designated point of contact and will offer a face-to-face (or virtual) meeting with the bereaved family. There will also be an out of hours team able to access the case file, ensuring when urgent advice is needed, the bereaved family can speak to consular staff 24 hours a day, 7 days a week.

Role of the FCDO

The FCDO Consular Directorate has an important role to play in supporting the bereaved family and providing as much information as possible about customs and procedures in the country where the person died. This advice can support families in making key decisions on issues such as repatriation, attending trials, and how to engage with the overseas authorities. The FCDO cannot interfere in another country’s processes and must respect their systems, just as we expect them to respect the UK’s laws and legal processes. Where possible the FCDO will utilise the diplomatic channels available to it to obtain information to assist bereaved families.

The FCDO will seek to raise every homicide of a British national with the relevant overseas authorities. This will include highlighting the requirements of COPFS should the deceased be repatriated to Scotland. The FCDO will seek updates from the overseas authorities on the investigation or trial proceedings on behalf of the bereaved family. They will also support the family in any arrangements they wish to make to attend a trial or visit the place where their loved one died. This support can include (where applicable):

• Advising on customs in the relevant foreign country;
• Referrals to travel care companies in UK airports;
• Offering a meeting at the nearest consular post;
• Helping to arrange a meeting with the foreign investigating body or police force;
• Providing advice on handling media attention;
• Providing families with an up-to-date list of English-speaking lawyers based in (or who can practice in) the relevant foreign country;
• Lists of translators or interpreters; and
• Offering to accompany the bereaved family on the first and last day of the trial and the verdict.

The FCDO recognises that each family will have different needs and will adapt their support accordingly. The FCDO cannot provide legal advice.

The FCDO will provide information on repatriation of the deceased to the UK or advice on burials or cremations in the relevant overseas country. Each bereaved family will receive information regarding domestic processes in the UK. Families will be provided with a list of international funeral directors and advised on any practices in the foreign country that may delay or cause difficulties in this process (e.g., organ retention). The FCDO is unable to provide financial assistance; this is a matter for the bereaved family and any insurance providers that may be involved. The FCDO may however be able to help the bereaved family liaise with insurance companies and signpost families to other sources of help including Victim Support Scotland’s Support for Families Bereaved by Crime (SFBC) Service.

The MMT is a dedicated team within the FCDO’s Consular Directorate who provide support to families bereaved through murder and manslaughter abroad. MMT also provide oversight of cases where they are not the lead, to ensure consistency of service. The MMT have a role in offering to refer all eligible families resident in Scotland to the Victim Support Scotland’s SFBC within 24 hours of receiving consent from the bereaved family; where families are not eligible for this service’s support, the FCDO will offer referrals, or signpost, to other support services.

The SFBC can offer support such as specialist bereavement counselling, peer support and practical help. On a needs-assessed basis they may be able to provide financial assistance (for example, and not an exhaustive list, providing funding towards translation of documents and legal expenses) or advice on the financial implications of a death abroad.

The FCDO will set up regular meetings with key organisations involved in supporting those bereaved through murder or manslaughter overseas (to be attended by the FCDO, Scottish Government’s Justice Directorate, SFBC and representatives from victim organisations). These meetings will act as a dedicated forum for the Parties and relevant organisations to discuss ways to further improve the support provided to bereaved families.