2018/19 Annual Report

Victims’ Commissioner for England and Wales 1:2

Index Introduction

1:1 Introduction at two services which regard themselves as “transactional” as opposed to support services. 1:2 Overview – Baroness Newlove Overview The first is the Victim Contact Scheme (outgoing Victims’ Commissioner) (VCS), which sits within the National 1:3 Looking Ahead Dame Vera Baird Welcome to my 2018/19 Annual Report for the Probation Service (NPS) and provides victims (incoming Victims’ Commissioner) of the most serious offences with information Secretary of State for Justice. It marks the end on the progression of the offender through 1:4 Year in Review of my sixth and final year as the independent their sentence and the parole process. 1:5 Role of the Victims’ Commissioner For me, providing victims with information Victims’ Commissioner for England and Wales. 1: 6 Victims Services and the Victims’ Code is an essential part of victim support as it I step down from my post on 31 May 2019. is critical to their recovery. In practice, this 1: 7 Police and Crime Commissioner Visits means the duties of the VCS ought to be an In this report I welcome my successor Dame 1: 8 VC’s View – Victims Strategy integral part of support services. I made my Vera Baird who sets out her vision for the future views clear in response to the Government 1: 9 Giving Victims a Voice Review of the Parole Process. I am delighted 1:10 VC’s View – Supporting Survivors of Child Sexual Abuse the NPS has agreed to pilot placing VCS staff in victim hubs and working alongside support 1:11 VC’s View – Gang Violence and Knife Crime PREPARING MY last Annual Report as Victims’ Commissioner was a staff. This has the potential of providing victims 1:12 Meeting Victims and Practitioners chance to reflect on the past six years, the progress made in improving with a seamless service, before and after trial, support for victims and the frustrations over lost opportunities to aiding their recovery. 1:13 Speaking up for Victims I remain concerned so few do more. The second is the Criminal Injuries 1:14 VC View – Treatment of victims of sexual violence Having entered the criminal justice system as a victim of crime, my Compensation Scheme. This report gives victims of sexual violence understanding of the victim experience came from the sharp end. I details of my review, undertaken this year, into 1:15 Creating a Centre of Excellence are receiving justice came into this role with a passion to ensure all victims were treated criminal injuries compensation. It concludes 1:16 VC’s View – Domestic Abuse with dignity and respect. I soon realised we needed to go much further many victims find the compensation process 1:17 VC’s View – Anti-Social Behaviour and change the culture of our justice system, one where victims were re-traumatising, complex and frustrating, with no longer viewed simply as a bystander, but as active participants, with poor communications and little support. 1:18 Office of the Victims’ Commissioner – Budget report statutory rights, access to information and the opportunity to challenge Compensation is intended to support and 1:19 Glossary decision-makers. assist, not to re-traumatise victims. I made vulnerable victims should all have the support are deterred from ever reporting the crime numerous recommendations for change, of an IVA to guide them through the criminal for fear of not being believed or supported, or 1:20 Members of the Victims’ Commissioner’s Advisory Group Victim Strategy which focus on de-traumatising the process justice journey and I trust my findings will be having to disclose every aspect of their private In September, the Government launched its much-awaited Victim and offering more support for those who need considered as part of review referred to in the life. Too many victims tell me the criminal Strategy. It makes more than 80 promises, including the prospect of it most when claiming. National Strategy. justice journey is worse than the crime itself. a Victims Law. I welcomed the Strategy, but it needs to deliver. I want The Government is looking at the criminal As Victims’ Commissioner, my priority This must change and I touch on this issue in to see a Victims Law with full statutory rights for victims, including the injuries compensation scheme as part of has always been supporting the most more detail in my report. right to be informed, to be heard and to challenge. Also with criminal its Victim Strategy. I have asked that my vulnerable of victims. I have met many victims Another group of victims let down by justice agencies required to make sure their policies and practices are recommendations be considered as part of of domestic abuse and know how difficult society are those who suffer or are bereaved compatible with these rights. Legal rights are essential if we are to this review. it is for them to disclose their suffering. from terror attacks. I am concerned many are change the culture of our justice system. It is a pernicious, and destructive crime, not receiving the psychological support they The Strategy also holds out the prospect of giving the Victims’ Unfair treatment impacting hugely on the victim and in many need to recover and that the distribution of Commissioner role greater statutory powers. This is long overdue and I also challenged the Government over cases, the children who witness it. I made funds and compensation is not working well. I have engaged with ministers on what those powers might be. As a the unfair treatment of victims of mentally detailed submissions to the Government’s Finally, I am determined my work and the starting point, I want agencies to be given a statutory duty to cooperate disordered offenders, who do not have the consultation on how to transform support work of my office should be as transparent with the Victims’ Commissioner and respond to recommendations right to submit a victim personal statement or given to victims of domestic abuse and as possible so victims can be aware of what within a reasonable timescale. Most agencies have been supportive, but attend the panel hearing to present it. Some continue to take a close interest. I am doing and saying on their behalf. I have this needs to be a statutory obligation and not a favour. victims are ineligible for the support of a victim spoken at many events, and been active in Last April, the Government announced its proposals to change the liaison officer. I am pleased the Modernising Modern Day Slavery all forms of media. The circulation of my parole process. For the first time, victims have been able to ask for the the Mental Health Act Review, published in Likewise, I have been actively engaged with quarterly newsletter continues to grow. We reasons behind parole decisions and I am delighted that so far, more December, endorsed my recommendations charities supporting victims of modern- day also launched my new and revamped website than 1,000 have opted to do so. This is a welcome development, and and that the Ministry of Justice is looking at slavery and most recently supported a in March and I hope victims and practitioners something I have long backed. In January the Government unveiled how they might be implemented. “super-complaint” into the police handling of find it useful. plans for a parole reconsideration mechanism, which will come into The Victim Strategy also pledged to look at this most vulnerable group. Also, I have been effect later in the year. the role of “victim supporters” or Independent honoured to chair a summit on safeguarding This will allow victims to challenge a decision without incurring heavy Victim Advocates (IVA). In March I published a in the international aid sector and a seminar costs. Whilst I have some concerns about the scheme, which I have rapid evidence assessment on the role of IVAs, on hate crime. I gave evidence at the shared with ministers, in principle it is a step in the right direction. highlighting a range of benefits to victims, Independent Inquiry into Child Sexual Abuse We are told that the overriding aim of government policy on including a positive impact on their health, and called for a CSA Commissioner. supporting victims is to help them “cope and recover.” This is laudable, sense of personal safety and engagement I remain concerned so few victims of

but it must apply to all victim services. Over the past year I have looked EXPRESS.” OF THE “DAILY COURTESY PHOTOGRAPHY with the justice system. I have long argued sexual violence are receiving justice. Many Baroness Newlove of Warrington

2 2018/19 Annual Report Victims’ Commissioner for England and Wales 3 1:3

Looking ahead – new VC Dame Vera Baird I’m honoured to be appointed the new Commissioner for Victims and Witnesses for England & Wales

I WANT to give special thanks to my friend Police and Crime Commissioner, I set up a court. We need to address all of this. and predecessor in the role, Baroness Helen victims’ panel that helped shape local service Rights in the Victims Code are too often Newlove, who has been a powerful advocate provision. Only by listening to victims’ lived not implemented. The Ministry of Justice for victims. She has used her own tragic experience can we know how to deliver will shortly review the Code. Let’s ensure experience to demand victims be treated what they need. I was proud that victims and that victims views are at the forefront of this with dignity and respect. I am determined to witnesses were at the heart of my work and review. I want stronger rights that are easier build on her legacy. that our victim services hub, whose trustees to access. We should demand good data is I chaired, had a satisfaction rating of 98%. collected consistently on compliance. PCCs Fighting Injustice Equally, I was proud to be the Association will play a key local role in this and the Victims’ Throughout my career I have been of Police and Crime Commissioners’ national Commissioner’s statutory obligation to keep 98% passionate about fi ghting injustice. lead for victims and witnesses, helping the operation of the Code under review Our criminal justice system can only be my colleagues exchange best practice and suggests a stronger national role in dealing SATISFACTION RATING OF considered successful if it delivers justice working on their behalf with the Ministry of with any shortfall. NORTHUMBRIA VICTIM SERVICES HUB to both victim and offender. It is sometimes Justice and other Government Departments Victims also need quality services to thought that an improvement in treatment to prioritise victims’ interests. help them to cope and recover. My former for victims and witnesses is necessarily an Now I want to hear fi rst-hand from more colleague PCCs deliver these, using local attack on the rights of defendants, but that is victims, supportive charities and criminal knowledge to meet local need. I intend not so. Given the mass of evidence that now justice agencies so we can all be clear about to press for national standards which will exists linking victimisation to subsequent what is happening on the ground. ensure top quality services whereever a offending it is my belief that positive change We know that criminal justice can feel victim lives. Also which PCCs can use in their can benefi t all. like a hostile environment to victims and commissioning process whilst continuing to Let me be clear, justice for victims means witnesses. Half of all witnesses who have exercise their important local autonomy. their voice is heard, they need to be fully attended court would never do so again. considered throughout the criminal justice Those who would go to court to support a Fantastic Role process and treated with respect. They have case of offensive weapon crime have fallen It will be useful that I have past experience as rights under the Victims Code including to by almost 60% recently - at a time when we a practising barrister in the criminal courts be kept properly updated and given all the are all concerned about knife crime. Victims and as the Solicitor General for England and support they need to cope and recover. services say that victims, who are recovering Wales at the heart of government. The former In my previous role as Northumbria from crime actually regress if they go to will help me to examine in-court treatment of victims and witnesses. Few lawyers look at our adversarial system through victims’ eyes, but doing so shows signifi cant opportunities Our criminal justice system can only for improvement and change. Experience of government means that Ministers will expect be considered successful if it delivers me to talk to them frankly about what is possible. justice to both victim and o ender In this fantastic role, a great deal is possible as long as everyone acknowledges that they too may, one day, be a victim of crime and works to ensure that current victims have all the entitlements and services they would, in that circumstance, want for themselves.

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September When you’ve su ered the worst crime imaginable, you’re in a bad Year in Review 2018/19 place. Nobody can imagine what it’s like, and I know only too well how From domestic abuse to the explosion in knife crime and child sexual abuse, here’s a what a struggle it is to carry on. I round-up of some of the issues dominating my work in 2018/19 welcomed the Ministry of Justice’s inaugural cross-government Victims Strategy, which pledged January to deliver reform of victim support Criminal Injuries compensation exists and entitlements. I’ve long called to help survivors of the most violent crime who have su† ered serious April June for a Victims Law to put the rights harm. My review on victim access to I travel up and down the country visiting I met Chief Coroner Judge Mark Lucraft QC of victims at the heart of our justice the Criminal Injuries Compensation charities and it’s so rewarding to see a service to discuss the impact multiple post mortems system. I am hopeful that the Scheme called for wholesale reform so that delivers so much. has on bereaved relatives. The meeting was strategy will deliver, but we’re not victims who apply aren’t left frustrated I visited a domestic abuse refuge in prompted by two bereaved victims, Lucy October there yet. or alienated by the process. Some Fortalice, Bolton where I met residents, past and Elaine, whose siblings were subjected to With knife crime at an all-time victims claiming compensation fi nd and present, and discussed their experiences multiple post mortems at the request of the high, I was inspired by my visit the process so stressful it can retrigger of leaving an abusive relationship, the support defendant. They’re working hard to challenge to anti-knife crime charity, Ben their original trauma. they needed and services accessed. These the system and force improvements sparing Kinsella Trust to learn about their My review attracted a great deal of conversations shaped my response to the other family from pain. excellent work. It was depressing interest, particularly from victims. government’s consultation on domestic Sadly, I know only too well how to hear their feedback that I asked the Ministry of Justice to despite their e† orts, progress is abuse. All victims spoke passionately about disrespectful multiple post-mortems feel consider my recommendations as part July sliding backwards. Social media of it review of the scheme. the quality support they received from towards the deceased, my late husband was Fraud is one of glamorises a dangerous gangster Fortalice, both within the refuge and their also subjected to multiple post mortems at lifestyle and more needs to be done outreach services. the request of the defendants in his murder the UK’s fastest growing crimes much earlier to identify potential February My overriding memory is the victims’ trial. Technology exists to prevent this from o† enders at junior school and and wreaks a Helen presenting DC Charlie I have always been interested in bravery and charity’s commitment to provide being necessary, and I support Lucy and divert them down a healthier path. Pulling with award devastating what other countries are doing a place of stability for the children living with Elaine’s calls to standardise practices across impact on to support victims and whether them. the country. victims. On my November we can learn from them. I was visit to Sussex True honour to be guest speaker at honoured to be invited by the Dutch PCC, I was May the Livia Awards in Westminster that Ministry of Justice to be the guest impressed to speaker at a Seminar “The Victim I welcome invitations to make speeches celebrates excellence in road death learn how PC is Here to Stay” which was looking on strategy and policy relating to victims. investigation and family liaison work Bernie Lawrie at the progress made in supporting It is an opportunity to challenge policy set up Operation by Met Police O˜ cers. victims and where we might go in makers and call for change. In May I spoke Signature which The awards ceremony serves up as future. It was an opportunity to hear at the Westminster Briefi ng Seminar and advises Sussex a sharp reminder that even the most how other European governments called for the Victims’ Commissioner role residents how expensive luxury car is a lethal weapon were supporting victims of crime as to be given more statutory powers to call to spot a scam. when left in the wrong hands. well explain what we were doing in agencies to account. Bernie identifi es the UK. I also made the case for independent fraud trends and victim advocates supporting victims the increasingly December through their criminal justice journey. cunning methods adopted When I heard about the UK’s fi rst pilot of March by fraudsters. Justice Support dogs, I was intrigued to meet August I was invited to chair this Hate Thanks to her Oliver, a Labrador from the US, and handler, Crime conference which brought I visited the Co-op in Manchester to learn how victims of e† orts, Bernie’s academic Dr Liz Spruin. Liz started working together experts from across modern-day slavery benefi t from paid work placements. helped save with Kent Police, supporting victims when the country to learn from one Paul Gerrard, the Co-op’s Policy and Campaigns director hundreds of they give evidence at police stations. another. We drew a great mix of explained how they launched the unique Bright Future residents avoid The hope is, Oliver will soon be able to practitioners in the fi eld and experts Programme in 2017 with charity City Hearts to create job being de-frauded accompany witnesses in court – at judges’ by experience. The message heard opportunities for survivors of modern slavery. of their life discretion. Many crime victims naturally feel strongly through the day was the Fifty survivors are being given a chance to rebuild their savings. Now stressed at giving evidence in court. If victims impact hate crime has on the lives through the scheme, and the Co-op have committed more than 25 feel calmer, they’ll have a better opportunity individual and communities, as well that up to 300 will secure placements by 2020. forces have rolled to present their evidence calmly and clearly. as the need to focus on outcomes It was great to see business taking a lead in supporting out Operation not statistics. survivors rebuilding their lives. Signature.

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Definition of victims As was acknowledged in my joint report with University of Portsmouth, I am fortunate to have the support of my small but dedicated team in some victims dislike the negative connotations occasionally associated The Role of the Victims’ enabling me to carry out my duties. with the term ‘victim’. Some victims and many non-statutory agencies I have three full-time members of staff and four who are part-time. prefer to use the word ‘survivor’ and I respect their view. For the They are: Russell A’Court (CEO), Dr Elaine Wedlock (Head of Analysis purposes of this report however, I’ve again generally used the term and Review), Rachel Hersey (Head of Policy and Stakeholders), Lorraine ‘victim’ because it’s the term that most agencies use and understand when referring to someone who has experienced victimisation. Commissioner McBride (Communications Manager), until March 2019, Katharine Porter I accept the definition given in the Victims’ Code when considering (Research Officer), Joss Mistry (Correspondence Manager) and until relevant policy areas. But the legislation which underpins my role as Vic- November 2018, Sarah Ali (Diary Manager). At the end of the business tims’ Commissioner, makes clear my remit includes all victims, regardless I was appointed Victims’ Commissioner on 21 December 2012 and took up my post year, we appointed a new diary manager (yet to take up post) and were of the type of crime committed against them or whether they report it to on 4 March 2013. I was reappointed for a second three year term in March 2016 readvertising for a new research officer. The team’s work is broadly the police. which was extended to 31 May 2019 divided into two areas: (i) policy and stakeholders and (ii) reviews and Second Term Strategic Plan analysis. The work is managed and overseen by Russell, Elaine and Rachel: Following my reappointment in 2016, I published my Second Term Strategic Plan which sets out the broad outline of my strategy for the Russell A’Court was appointed Chief Executive in remainder of my second term, which expires in March 2019. October 2016. Prior to this he has worked across (1) The Commissioner must – THE ROLE of the Victims’ Commissioner is set out It built on my work in my first term of office, set out in previous (a) promote the interests of victims and witnesses; government, including a frontline benefit office for Annual Reports. in section 49 of the Domestic Violence, Crime and the homeless in central London, to presenting at (b) take such steps as he considers appropriate with a view Throughout my second term, my focus was on making sure that to encouraging good practice in the treatment of victims Victims Act 2004, as amended by the Coroners immigration appeals to working in the House of Lords. He has a keen interest in criminal justice and has victims of crime were supported as they cope and recover from and witnesses; and Justice Act 2009: worked in sentencing policy, as well as running a large the impact of crime. It is essential that all victims receive their (c) keep under review the operation of the code of practice public protection casework operation. entitlements set out in the Victims’ Code, and that they’re treated as issued under section 32. individuals, with recognition given to their individual needs. Rachel Hersey is Head of Policy and Stakeholder In working to achieve this, I championed the cause of victims in (2) The Commissioner may, for any purpose connected with Engagement at the Office of the Victims’ Commissioner. the performance of his duties under subsection (1) – She develops the commissioner’s position on areas of forums across the criminal justice systems, as well as agencies which (a) make proposals to the Secretary of State for amending policy which affect victims and witnesses of crime, to have a statutory duty to provide support to victims. the code (at the request of the Secretary of State or on his make sure that they are treated with the dignity and Successful implementation of this strategy is dependent on the own initiative); respect they deserve. Rachel has a range of experience cooperation of those responsible for supporting victims, providing (b) make a report to the Secretary of State; from within government having worked for the services and developing policy and practice. (c) make recommendations to an authority within his remit; Department for Transport; Department of Health; and (e) consult any person he thinks appropriate. the Ministry of Housing Communities and Local Government. She however started her career as a local radio journalist at the BBC. My Strategic Plan set out five overarching strategic aims: (3) If the Commissioner makes a report to the Secretary of State Dr Elaine Wedlock is Head of Reviews and Analysis. A. Work with all criminal justice agencies to ensure that victims of under subsection (2) (b)— She leads on a series of reviews into ensuring that crime and witnesses are treated with humanity and decency at all (a) the Commissioner must send a copy of the report to victims and witnesses of crime in England and Wales times, to aid their ability to cope and recover from the impact of crime; the Attorney General and the Secretary of State for the receive their entitlements under the Victims’ Code Home Department; and with the compassion and dignity that they B. Monitor and report on criminal justice agencies’ compliance with deserve. Elaine has more than 15 years’ experience in the requirements of the Code of Practice for Victims of Crime and (4) The Commissioner must prepare in respect of each applied public sector social research. She previously the Witness Charter; identifying areas that are deficient and making calendar year a report on the carrying out of the functions of led her own research consultancy business, working recommendations based on evidence of best practice; the Commissioner during the year. with government and third sector organisations. Elaine was a Senior Research Officer in the Home Office and the Department of Communities C. Review the provision of victim services on the basis of the four (5) The Commissioner must send a copy of each report prepared and Local Government, carrying out extensive quantitative and qualitative research, impact and process evaluations of government policy, and principles identified in “What Works”, namely: communication, under subsection (4) to— The Office of the Victim’s Commissioner: Dr Elaine Wedlock, systemic reviews. procedural justice, inter-agency cooperation and professionalisation, (a) the Secretary of State for Justice, CEO Russell A’Court and Rachel Hersey and make recommendations on how services should develop and (b) the Attorney General, and improve; (c) the Secretary of State for the Home Department. Victims’ Commissioner’s D. Through regular contact with victims and practitioners of victims’ (6) Reports under subsection (2)(b) or (4) must be published by Advisory Group services, articulate a view of the criminal justice system from the the Commissioner. As well as my office, I also have the able perspective of victims; review and challenge decisions taken by policy support of my Advisory Group which meets makers and those responsible for developing practice; (7) If section 48 comes into force after the beginning of a four times a year to discuss current victim related issues, and advise me on how I calendar year, the first report under subsection E. Through gaining first-hand knowledge and understanding of should handle them. As can be seen at the back of this report, the members come from victims’ services, identify and actively promote examples of best (4) may relate to a period beginning with the day on which that a range of backgrounds with diverse skills practice and excellence. section comes into force and ending with the end of the next and experiences. calendar year.

8 2018/19 Annual Report Victims’ Commissioner for England and Wales 9 1:6

that the Ministry of Justice and Department of Health Victim’s Services and work together to deliver on the recommendations of my report. I met Ministers from both Departments in February and the Victim’s Code was delighted they committed to do just that. This work is now My overriding priority throughout my time as Victims’ Commissioner is to ensure underway. As a first step, in March 2019, all victims receive the high-quality services they deserve, which means that they are plans were made by the Chief supported through the criminal justice system and helped both to cope and recover Probation Officer to put in place specialist Victim Liaison Officers who will be trained in the mental health review process to so that they have expertise in supporting victims of MDOs.

Victim Satisfaction I REMAIN concerned by discussions with the Association of within their local areas. I support I welcome the commitment During the year, I’ve published In June 2018, I published a report In June 2018 I published the statistical and anecdotal evidence Police and Crime Commissioners this initiative and feel sure my set out in the Government’s five reviews and reports and second part of my review into suggesting victims are not always about the possibility of developing successor will want to take a close Victims Strategy to make the started work on two further calling for victims of mentally victim satisfaction. In August receiving their entitlements set a compliance dashboard. interest in how this develops. Code more accessible and reports, supporting victims of disordered oenders (MDOs) to be 2017, I published the first part out in the Victims’ Code. This is This work was subsequently Collating and monitoring easier to understand. However, anti-social behaviour and looking given the same rights as all other of this scoping review into how unacceptable. Victims deserve overtaken by the MoJ on how to information, both locally and if this is to become a reality, at the support offered to bereaved victims’ satisfaction with the better. monitor compliance effectively. nationally, is absolutely vital. There we must give it the priority it victims following murder abroad, crime victims police is monitored, measured and Monitoring compliance with From 1 April, Police and Crime needs to be a clear structure and deserves. which will be covered in my used to improve their interaction the Victims’ Code of Practice is Commissioners were given those analysing the data need to We need to understand successor’s first Annual Report. with victims. difficult as the data is inconsistent responsibility for monitoring be able to offer an independent the demographic profile of experiences of nine bereaved This second part in the series or non-existent. My office initiated Victims’ Code compliance assessment of performance. victims and how they access Victims of mentally victims of homicide, where the explored how Police and Crime I’ve made no secret of the information. This includes not disordered offenders crimes were perpetrated by Commissioners (PCCs) measure, fact I believe this national role only listening to established In June 2018, I published a report mentally disordered offenders. monitor and utilise victim should fall to future victims’ victim organisations, but calling for victims of mentally It concluded that the current satisfaction feedback to inform commissioners, with a requirement seeking to engage harder to disordered offenders (MDOs) to position does not offer equal and improve service design and that they produce an independent reach groups. In the meantime, be given the same rights as all other treatment to these victims. delivery. This is very important assessment and on arrival, report and with the small resources crime victims. Instead, the Victims’ Code makes a as it reflects my commitment that is submitted to Parliament. I available to me, I’m determined The trauma and distress distinction between victims whose for the victim voice to be heard made representations to Ministers to make things better for experienced by victims of serious offenders are serving prison throughout the criminal justice on this issue and hope they will victims. I do this by undertaking sexual and violent crime, including sentences and those who are system. I want to be particularly take this on board. reviews of victims’ services, homicide, are the same irrespective patients detained in mental health sure this is happening within We also need to build awareness raising issues of concern with of the status of their offender. hospitals. victim services, and that service of the Victims’ Code and make it Ministers and criminal justice As such, it is only right that There is yet further distinction providers are both listening and far more accessible. At present it agencies and highlighting victims of all such crimes should made between the victims of responding. is a 39,000 word document, set victims’ concerns through the receive the same level of support “restricted” and “unrestricted” Based on the thematic analysis out over 104 pages, listing 189 media, speaking events and my and the same entitlements. patients. These distinctions, based of 21 PCC survey responses, the entitlements. Drafted by civil role in Parliament. Entitlements under the Victims upon the status of the offender, review found most participating servants, its language is pitched All my work is based upon Code are intended to provide result in a disparity of treatment PCCs were collecting and using at graduates. Recent evidence regular meetings with victims support for all victims throughout for the victim. victim feedback to help improve suggests as many as four in five across the country, as well their criminal justice journey and in In December 2018, I was support services for victims in victims are either not aware of the as practitioners of frontline turn, help them cope and recover. pleased Sir Simon Wessley’s their local areas. Code or their entitlements. This services and those responsible The report was based on a report “Modernising the Mental Victim satisfaction feedback must change. for policy making. review of relevant policy and the Health Act”, recommended remains an important

10 2018/19 Annual Report Victims’ Commissioner for England and Wales 11 Victim’s Services and the Victim’s Code

I am disappointed to report that experience of seeking and receiving they don’t have to apply when the considering my recommendations the data reveals little progress support in making their applications. trial is still under way. as part of this review. since 2013/14. In terms of the My findings were underpinned Other aspects of the rules of proportion of victims offered the by a wide range of evidence, the Scheme should be reviewed Victims’ Advocates opportunity to make a VPS by having engaged with more than by the Ministry of Justice, such as In February 2019 I published my police, only one in six recall the 200 victims, as well as CICA staff, the handling of cases where the rapid evidence assessment into offer being made. Yet more than lawyers, victim support services, compensation is held in trust, and victims’ advocates. The report half of victims offered a VPS chose police and crime commissioners and the exclusion of victims or reduction assessed the strength of the to make one, and of those who did the judiciary. of awards on grounds of conduct or existing evidence base on advocacy so, the majority felt it had been I was struck by the victim’s unspent convictions. interventions provided to victims taken into account by the criminal conviction on the shortcomings I am pleased the MoJ is currently of crime in England, Wales and justice system. of the current criminal injuries undertaking a review of the other jurisdictions. There continues to be certain compensation process. Some clear Criminal Injuries Compensation I have long held the view demographic groups who are less themes emerged, including the fact Scheme and have committed to traumatised victims need an likely to be offered the opportunity many victims feel re-traumatised advocate to help them navigate the to make a VPS. Here, I found by the process of seeking criminal justice system. They do discrepancies by age, religion, compensation, they are baffled by not have lawyers to advise them. marital status, long-term illness/ its complexity and frustrated by Whilst many officials are helpful, disability, area type, region and the lack of communication. Support they represent the interests of offence. Overall, these figures from local victim services in making their respective agencies and not reiterate the importance of the a claim was patchy and in some the victim. This needs to change. VPS to those who make one, and areas, non-existent, resulting in The report found advocates how ensuring a VPS is offered to victims resorting to using lawyers to deliver benefits for victims, in all victims is crucial. make their claims, with most taking terms of their mental and physical 25% of the final award as their fee. health and their sense of wellbeing. Criminal Injuries The review made They can provide advice and recommendations for improvement guidance and challenge other Compensation so that criminal injuries professionals if entitlements are temperature check of how information to improve services In January 2019 I published compensation helps de-traumatise not being delivered. victim support services are for victims. my review into victims’ whole victims, by simplifying the Scheme Advocates can also deliver working. The Ministry of Justice experience of claiming criminal and provide victims with the assistance to the criminal justice will shortly introduce its new Victim Personal injuries compensation. It covered support they need to make their professionals they work alongside. reporting requirement for PCCs, their experience of the Criminal application. An example of this is the trust that a framework which focuses on Statements Injuries Compensation Authority I am calling for victims to have advocates build with victims which outcomes (e.g. to what extent a In October 2018 I published my (CICA), as well as their wider free legal support if the complexity The review made recommendations can, over time, be extended to service has helped victims to cope fourth annual review analysing of their case or severity of their for improvement so that criminal other professionals involved in a and recover from the effects of data from the Crime Survey of injuries warrants it. I want victims victims’ case. the crime they experienced) and England and Wales (CSEW) on to have a single point of contact or injuries compensation helps de- The report concluded outputs (e.g. number of referrals). Victim Personal Statements (VPS). named case worker in the CICA to traumatise victims, by simplifying by highlighting some of the In my report, I called for PCCs VPSs are an entitlement deal with their application. the Scheme and providing victims beneficial elements of these to continue seeking victims’ views enabling victims to make a The Scheme should be more advocacy interventions that in a systematic way, and using that statement expressing how they transparent so victims have a with the support they need to make could be taken forward in future information to deliver targeted have been affected by a crime. clear idea about the process and their application victim advocacy models, as improvements to the services they These annual reports give me timescales. Victims should also well as issues highlighted in the provide. an insight into the provision automatically be kept up to date previous literature that should be I recommended the MoJ should and take up of this important about their cases and receive considered further. reflect how their new reporting entitlement. They follow my acknowledgements when their The Government’s Victim framework could include measures 2015 review in which I made documents are received by the Strategy makes a commitment of victim satisfaction along with several recommendations for the CICA. to explore the role of victim data on outcomes and outputs. government and heads of criminal Victims should be able to apply advocates or “supporters” and I This would give a full picture how justice agencies on how to improve up to two years after reporting the trust my research will feed into and victims are supported, using this the VPS process. crime, or one year after the trial so inform this exploration.

12 2018/19 Annual Report Victims’ Commissioner for England and Wales 13 1:7

West Yorkshire I was pleased to begin my day in Wakefi eld WEST YORKSHIRE by launching West Yorkshire’s new victims’ Police and Crime services for the county. This is a £3.6m to Victim Support to continue to provide core support to victims and witnesses for the next three years. Through this support service, Commissioner Visits victims can be referred to a growing range of specialist services, such as restorative justice. I hosted a round table to discuss the As well as my reviews, I am committed to visiting local victim services across the country, response in West Yorkshire to non- meeting with practitioners, victims and Police and Crime Commissioners recent child sexual abuse. I was joined by organisations who provide services to victims/survivors of CSA and also survivors THESE VISITS are essential in helping to We talked about moves to better protect experience of the family courts and CAFCAS; themselves. We had an informative discussion inform my thinking on how best to support and respond to victims of domestic abuse. the lack of use of police bail; and the need for about the issues short- term funding was victims and witnesses. They also feed into There were concerns that funding for sexual specialist domestic abuse training for social causing in providing appropriate support to the representations I make to Ministers and and domestic violence advocates is not workers and in schools. adult survivors and the diffi culty in accessing policy makers. included in core government funding. The trauma informed therapy. The common Helen with manager of support hub and PCC. When visiting local services, I am keen to PCC and Chief Constable reported body Dorset theme was a need for multi-agency working see examples of innovative services providing worn camera evidence is especially helpful The PCC and Chief Constable showed me to support survivors otherwise they fall victims with the support and care. I am also in domestic abuse prosecutions, and the their recently launched #cutyourstrings between the gaps of neither receiving NHS or interested in looking at the quality of the need make the protective orders application videos, made in conjunction with PCC funded support. interaction between the service providers process swifter. Bournemouth University, which brilliantly £3.6m domestic abuse. I was pleased to hear the and victims they serve. I met a number of domestic abuse illustrates what constitutes coercive control. Force had recently managed to collate I visited 14 areas over the year, and below I practitioners who told me funding was a They have the ambition for this to become a to Victim Support enough evidence to bring forward a case offer a snapshot of my fi ndings. major source of concern. They felt they were national campaign. to continue to for coercive and controlling behaviour. I was unable to provide a fully effective service due This was good to hear, as domestic abuse is also told about the sensitive work of the Sex Nottinghamshire to lack of resources. One example is that they now a specialist theme in the local CPS, which provide core Offender Investigation Team. The day with the PCC for Nottinghamshire no longer have an “emergency fund” to help means cases should be heard within six weeks. support to started with a general discussion about victims. They told me they often struggled to The PCC was about to advertise for the fi rst victims and Cumbria the state of policing and victim services fi nd hostel placements and were having to paid victim complainant post. We had a lot to cover on my visit to the in Nottinghamshire. The PCC and Chief turn people away or explain that it will take Worryingly, they were aware of at least witnesses for the Cumbria’s PCC in Barrow-in-Furness. We Constable described how they were several days. two examples of prosecutions being dropped next three years were based for the day at Barrow’s Women’s committed to maintaining neighbourhood This is putting victims at risk, as all too because of lack of availability of Registered SUSSEX Centre. Over the past six years, the centre policing and recognised the value of building often, they have to return to the perpetrator. Intermediaries. There is a shortage and the has provided an integrated women’s centred good links with the community. They also expressed frustrations with their PCC and his team felt the MoJ response to the service to vulnerable, socially excluded and situation was insuffi cient. Sussex female ex-offenders. Cumbria’s PCC is Dorset now has two ‘digital dogs’ which On my visit to Sussex I heard about the PCC’s currently building on this model to enable #cutyourstrings, a police video illustrati ng can sniff out computer and mobile chips in work to reduce stalking and fraud in Sussex. women across Cumbria to have the same coercive and controlling behaviour . searches. The Financial Abuse Safeguarding Offi cer DC access to support services. They hope this I also met with six victims of domestic abuse Bernie Lawrie talked impressively about the will result in fewer victims reaching crisis who gave very positive feedback regarding importance of protecting vulnerable elderly point and the need for specialist support, local police response and support services. citizens from fraud. Since launching Op reducing demand on statutory services. But they also had common concerns regarding Signature, the model has been adopted by 25 I felt privileged to meet many victims the lack of understanding of domestic abuse police forces nation-wide. and survivors at the centre helped by shown by social services. The fi nancial impact The co-founder of Sussex charity Veritas PCC funded projects, including individuals of escaping an abusive relationship was a spoke about how funding enabled her to affected by: inter-family domestic abuse; recurrent theme, including one lady who lost provide personal support for stalking victims rural crime; child sexual abuse; and women her own business, and another who was left and training more than 700 police offi cers to currently in the criminal justice system. owing £90k worth of debt. The group told me better understand the crime. of their concerns regarding the family courts I also spoke with the Chief Constable Merseyside ordering contact between an abusive partner Giles York about the importance of digital Helen and CSA survivor Detecti ve Constable In August I went up to Liverpool to visit the and their children. safeguarding, particularly for victims of Gary Cliff e, West Yorkshire. Merseyside PCC. We started the day with

14 2018/19 Annual Report Victims’ Commissioner for England and Wales 15 Police and Crime Commissioner Visits 1:7

MERSEYSIDE The Deputy Mayor highlighted that without to tell of the way they felt the judiciary in concerns. The passion displayed by the early The passion the mass swell of public generosity, the particular has treated them as victims in the intervention offi cers I met shone through and authority would not have been able to criminal and family justice system. was inspiring. displayed by the support the victims in the way they did. The PCC also highlighted the challenges The PCC and Chief Constable also spoke early intervention I spent the afternoon with the Salford in providing locally accessible victim support to me about the challenges they face in o™ cers I met Foundation who gave me an amazing services in North Yorkshire, given the size of providing good victim care when faced with fl avour of their work with young and the county and poor public transport. Remote individuals who are unable to access the right shone through and vulnerable people in diverting them away accessibility has become a particularly mental health support they need through was inspiring from criminality and/or exploitation. The problem following local court closures. lack of funding. They also spoke about the practitioners were so passionate about the impact court closures have had in their local young people they help and making sure Staffordshire area, with people being forced to travel much front line offi cers understand the nature of The focus of this visit was support for non- further to unfamiliar court houses. exploitation and modern-day slavery, so that recent victims and survivors of child sexual they can properly identify potential victims. abuse. I am grateful to the survivors I met, West Mercia with the PCC, in Stafford shared about their My visit to Telford had a special resonance, North Yorkshire experiences. One survivor I met, is also a given the recent high-profi le cases of I had a good discussion in North Yorkshire serving police offi cer in child protection. child sexual exploitation in the town. I was Helen with Catch 22 with the PCC and her team about what the His contributions gave a very interesting particularly interested in seeing the work ‘Victim’s Journey’ looks like in their county. perspective in terms of his own support needs carried out by the PCC and Chief Constable They have brought victim support in-house and current police practices. Other survivors a great discussion about how her offi ce Making sure that and believe this is giving victims of crime a around the table, spoke of a variable response WEST MERCIA commissions victims’ services and the new front line o™ cers swifter, more bespoke support package. I from individual police forces, some much Ellie and Will from Loudmouth model of commissioning they are now using was also interested to learn about the work better than others. producti ons, West Mercia in the region. We also discussed the impact understand the nature of their Independent Victim’s Advocates; I The principle concern to the survivors was the Manchester bombings have had on of exploitation and want to see this type of one-to-one support the feeling of being believed by the person demand for therapeutic services. modern-day slavery, being made available to all vulnerable they were disclosing their abuse to. We heard Discussions then moved to supporting victims and victims of serious crime how the reaction of that fi rst responder has young people who become entrapped in so that they can nationwide. a massive impact on nature of any continued county lines operations, with a presentation properly identify It was encouraging to hear of the engagement with the criminal justice system. by the charity Catch22. I was impressed potential victims research commissioned by the PCC to Devon and Cornwall are carrying out by the dedication of their project to ensure understand why they have a low take-up of interesting work in supporting commercial young people in Merseyside were given the the Victim Personal Statement. victims tackling cyber fraud. They also have support to escape exploitation. I met victims of various crimes through a volunteer service that helps elderly victims I also met the team at CityHearts who the day, all of whom had different stories of fraud. I’m keen to see this type of service work with victims of modern slavery. delivered more widely across the country. Unusually, they also have a team dedicated to supporting victims who have now left MANCHESTER Wiltshire the National Referral Mechanism (NRM). My day in Devizes covered the range of work This is where I’m hearing victims are at their underway in Wiltshire and Swindon involving most vulnerable at being sucked back into police and partner agencies to protect exploitative situations. I am grateful to the young people at risk of criminal exploitation. residents who allowed me to visit them in I heard about police operations to rescue their safe house provided by CityHearts young people coerced into delivering drugs on behalf of so-called county lines gangs, Greater Manchester reaching out from their city bases to towns Much of my discussion with the Deputy such as Swindon and Chippenham. There was Mayor for Great Manchester, centred on the also discussion about support from volunteer provision of services for victims of the 2017 mentors for young people at risk of becoming Manchester bombing, many of whom are vulnerable victims. understandably still requiring support. This I was impressed to learn how Wiltshire meeting highlighted how supporting victims Police is collaborating with a range of with mental health needs can be caught up in Helen and Phil East (Deputy Chief Executi ve, partners to protect children and young bureaucracy of whether therapy is accessed Salford Foundati on) people. Early intervention with children at through the NHS or victim support services. risk of exploitation really chimed with my own

16 2018/19 Annual Report Victims’ Commissioner for England and Wales 17 Police and Crime Commissioner Visits 1:7

to support these young people, as well as hate crime who explained the difference her environment as stress-free as possible for the stresses on their resources in having to LEICESTERSHIRE the safeguarding arrangements designed Victims First case worker was making to her victims. The victim I met at the SARC does provide mental health services out of the to prevent future generations from being ability to cope and recover from the crimes fantastic work to support other victims with police budget. For example, they now have vulnerable to exploitation. However, they committed against her. her peer-support network via social media. mental health workers based in the control both expressed concern about the long- I visited the local Sexual Assault Referral The last stop of the day was to launch the room to help support callers in mental term impacts on the child victims, for Centre. It was lovely to see the collaboration PCC’s Sexual Violence and Abuse design health crisis. example, what proportion have now got with retail giant, Next, who base their workshop. It was really impressive to see I also spent time with a number of criminal convictions as a consequence of the corporate HQ in the county, to make the service providers and victims at the heart of different victims who received help exploitation they suffered. the design of the re-commissioning process. through Connect Gwent. It was reassuring The highlight of the day was visiting Telford Again, the victims and survivors I met at the they all spoke so highly of the support Park School in Stirchley, where I watched a workshop were giving back, by using their they received. Their experiences, play by ‘Loudmouth Productions’ with the own experiences to support and help others. however, highlighted the impact poor school’s Year 9 pupils (13-14 year olds). communications from police offi cers can The interactive performance highlighted a Gwent have on a victim. For example, a number of number of key issues and encouraged the We were based for the day in the PCC’s the victims I met, spoke about being kept in children to ask questions and give advice victim services hub – Connect Gwent – in the dark about charging decisions and court to the characters. The play was not an easy Newport. I saw how victims are triaged by dates. watch. It addressed issues such as child sexual the team, using a single needs assessment to exploitation and coercion. Yet the children prevent having to retell their story to all the South Wales watched with keen interest. different services providers they’re likely to My last PCC visit of my term was to After the performance, I spent time with a come into contact with during their recovery. Newport where discussions on the smaller group of pupils to try and understand As refl ected in other conversations around preventative work the police and PCC are their appreciation of the issues raised during the country, the PCC and focusing on, to avert crime in the region. Helen and DA victi m. the afternoon. They were forthcoming in their Chief Constable described Interestingly the Force have managed questions and gave me hope that they knew to maintain their PCSOs to maintain a how to keep safe, and how to raise concerns constant level of community policing. I am GWENT if needed. a passionate believer in the importance of visible community policing. Essex Their approach to victim services and the It was good to hear from the Essex PCC that policing model is trauma informed, which seeks to understand the vulnerability of his policing priorities included child sexual PCC and Helen with victi m XX abuse, sexual assaults and domestic abuse. individuals to crime caused by a range of Fraud and issues around banking protocols factors, but specifi cally adverse childhood were on the rise and other work involved experiences. Offi cers talked me through the human traffi cking and Modern Slavery. specifi c issues they have in the area with The PCC and Chief Constable were committed to placing victims at the heart for Action on Rape and Abuse (CARA), based child exploitation, linked to the increasing of services and fostering community and in Colchester. This is one of six premises that number of children’s homes. I am also volunteer engagement to drive forward collectively make up the Essex Rape Crisis grateful to the partners from the Serious initiatives. Partnership (ERCP), also known as Synergy Violence Prevention Project who also came Essex has been selected as a pilot area Essex and which is commissioned to deliver to tell me about their work. for the devolution of Rape Support Funding the ISVA service in Essex. They employ ESSEX from the Ministry of Justice. It is one of fi ve a range of therapists, counsellors and areas selected for the pilot to match money advocates who run group sessions and it was I am a passionate to service needs. The victim feedback has great to meet and hear the positive feedback believer in the been positive and the PCC would welcome from victims who had been supported by a move away from a centralised system CARA. importance of visible to one that allowed for local fl exibility to community policing refl ect local needs. The PCC was also keen Leicestershire to encourage better working with partners My day with the PCC for Leicestershire in the voluntary sector, Social Care and kicked off with a run through of the services Health to help victims come forward and they offer victims through their Victims First seek support. project, including a live web chat facility. Helen visits Connect Gwent to fi nd out how they support local victi ms. I received a warm welcome, at the Centre I then met with a victim of transgender

18 2018/19 Annual Report Victims’ Commissioner for England and Wales 19 1:8

completely unaware of its existence cannot The Victims’ Commissioner is responsible I regard criminal injuries compensation offer victims justice. for monitoring the operation of the Code. as an integral part of the support on offer VC’s View Going forward, there are plans for PCCs This is why I have been calling for future to victims. Yet my review found that the to take responsibility for monitoring local Commissioners to be given the authority and process of applying for compensation can compliance, as well as simplifying the Code resources to publish such an assessment. be extremely stressful, in part because and building public awareness. We have to be A national report, presented to Parliament, victims have to again repeat their story. For Victims Strategy sure of getting these right – or else amending which highlights good and poor practice - someone struggling with PTSD, this can be the Code will rightly open us to the allegation holding agencies to account if they let victims retraumatising. of window dressing. down. We need to remember these are victims of In September 2018 the Government launched its much-awaited Victims Strategy, I also want to see the Government go one serious sexual and violent crimes. They need more than 80 recommendations for change. When it was launched in step further. There needs to be an annual Criminal Injuries Compensation to be treated with sensitivity and care. Fewer national assessment of Code compliance. The I particularly welcome the commitment in than 4 in 10 victims recall being told by the No.10, Downing Street, I welcomed the strategy as a way forward, but we must assessment needs to be a public document the Victims Strategy to review the criminal police about claiming compensation. How remember that a strategy is simply a means to an end – rather like an inspection report. And, again injuries compensation scheme. Earlier in this many victims have not applied simply because like an inspection, it needs to be undertaken report, I set out the findings of my own report they are unaware? independently of government. on this subject. And many PCCs are not including support for victims in making a criminal injuries application when they are tendering for local FOR ME, the purpose of the strategy is Compliance victims services. This compels victims to go to deliver better support for victims. This The National Strategy commits to reviewing Victims’ Commissioner - the Power to Challenge through solicitors. means making their criminal justice journey and amending the Victims’ Code. Importantly, it The Victim Strategy is an opportunity a positive experience whilst helping them to also commits to putting in place arrangements We have now had a Victims’ Commissioner for 10 years. It is time to review to make a real difference to the victim rebuild their lives. Victims deserve nothing for monitoring compliance. This is important, how future commissioners can best champion the victim cause. I believe experience by addressing all of these issues. less. as there is no point of amending the Code my successors need more than just a voice – they need statutory clout to call if we have no means of checking that victim others to account. Victim Advocates Victims’ Rights entitlements are being delivered. I am not calling for draconian powers to direct others. On the contrary, The Victims Strategy also makes reference The strategy holds out the opportunity for it is not unreasonable, for example, to impose a statutory duty on criminal to examining the role of “victim supporters”. a Victims Law. This is something I have been justice agencies to cooperate with the Victims Commissioner. Most do I have long called for independent victim calling for throughout my time as Victims’ already, but it should be a legal requirement and not a favour. advocates to support vulnerable and Commissioner. It is long overdue, but Neither is it unreasonable to require agencies to respond to my successors’ traumatised victims. I prefer the term nevertheless welcome. recommendations and to do so within a reasonable timescale. Appointing advocate as it better explains what they do. For many victims, the criminal justice commissioners to undertake deep dive reviews and then not responding to Our justice system can be a lonely and system can appear a hostile environment. The their findings is disrespectful to victims. demoralising place for victims struggling process of getting justice can be as traumatic The Victim Strategy promises to review the powers of the Victims’ with the trauma of crime. An “independent as the crime itself. Commissioner and it is important that it delivers. victims advocate” or IVA is a professional who We need to change the culture of our represents the interests of the victim. justice system. But this can only happen by Able to inform and explain, they can make putting victims on a level playingfield with sure victims receive their entitlements. They offenders. This does not mean we have to It is time to can challenge other agencies and speak on diminish the rights of offenders to achieve We know compliance with the Code is, behalf of the victim. this. There is no trade-off between victims at best, variable. As I set out in this report, review how future And they do this by building a relationship and offenders. It is about giving justice to all, the Victim Personal Statement is a key commissioners can of trust and understanding with victims. both offenders and victims. entitlement, giving victims a voice in the My Rapid Evidence Assessment (REA), I have long argued we can only make this courtroom. My own research show victims best champion the summarised earlier in this report, draws change this by giving victims statutory rights. find it cathartic and it can help their recovery. victim cause upon international literature and concludes I am proposing these rights should cover Yet the Crime Survey for England and that advocates are beneficial both to victims three areas: Wales shows fewer than one in six victims of crime and to the wider criminal justice • the right to be informed; recall being offered the chance to make a system. • the right to be heard; and VPS. If a victim has no recollection of the I believe advocates can transform the • the right to challenge. offer being made, how can they exercise their victim experience of the criminal justice All criminal justice agencies should be entitlement to make a statement. system and make a real difference to required to demonstrate their policies and A Code that offers a host of entitlements, their recovery. So, the cautiously worded procedures are compatible with these core but where compliance is patchy, there is no commitment in the Strategy is a welcome rights and should be held to account if they effecting monitoring, no consistent collection opportunity for me and others to make what I don’t. of data and where four in five victims are believe is a powerful case.

20 2018/19 Annual Report Victims’ Commissioner for England and Wales 21 1:9

Criminal Injuries Giving Victims a Voice Compensation Review I was pleased our criminal injuries The role of Victims’ Commissioner has very little statutory power, but what I do have is the compensation review attracted so much power of my voice, speaking up for victims, highlighting gaps in services and refl ecting interest. Criminal injuries compensation victims’ experiences to the public. I actively pursue new media opportunities as a vital part exists in recognition that serious harm has been infl icted upon a victim, and to help of my work in fi ghting for fair treatment for those who don’t have a voice them cope and recover. My review found this recognition can be cathartic for victims, as well as helping them in so many practical ways. Media Milestones Yet, my review also found many victims claiming compensation fi nd the process so Meeting new media stressful that it can retrigger their original opportunities head-on in trauma. This is a result of being required to 2018/19, we have gained VC Reviews constantly repeat their story, as well as delays, uncertainty and poor communication. more than 2,000 Twitter We have engaged the media to launch The publicity surrounding the review followers introduced new each of my Reviews. My interviews Twitter prompted many victims to contact my ož ce included; R4’s Today, BBC Breakfast, features, tracked Twitter stats, As our twitter army and share their own experiences. It is just one Victoria Derbyshire, ITN, ITV, 5 Live, Sky created press campaigns for grows daily (rising example of how press coverage of my work News, BBC Online and File on Four as helps me to engage with individual victims , more than 200 my Reviews and Reports well as numerous local radio stations. followers a month), it and hear fi rst-hand their concerns. nurtured relationships Another focus was growing press drove new supporters with journalists, written, opportunities in the regions. On visits, to our work, raising we made it a focus pro-actively to awareness as well as presented and produced approach local TV stations including driving debate and videos for the Ministry of BBC Midlands Today and London Live. genuine two-way Justice, Parole Board, Twitter We also approached a host of local conversations. My o˜ ce is doing and conferences, launched papers, including the Shropshire Star, Warrington Guardian, Islington Gazette more work with Media-wise, 2018/19 has been pretty much analytics, including my website, rolled out new and Kilburn Times. non-stop. We built relationships with key corporate branding, drafted tracking our tweets journalists such as crime and home a airs so we have a better communications and digital understanding of who Dan and Holly - Review of correspondents, TV and radio producers strategies, guest blogged and is engaging with us Criminal Injuries Compensati on. and national radio reporters, expanded even voiced videos. and what issues are our presence on social media, investigated attracting the most attention. We will As part of our Criminal Injuries new media channels, responded to a much use this information Compensation review in January ‘19, the story higher volume of press enquiries and to inform our future of Daniel Murphy and Holly Brannigan gave work and to refl ect on a very human insight as they described how organised media visits and fi lming requests. Communications what more we can do the compensation process forced them to If the sheer volume of press requests is a Strategy to reach out to those constantly “relive” the trauma of attack. refl ection of society’s interest, it all points We updated our groups of victims Their case-study highlighted the problems whose voices are to increased awareness of the issues facing Communications and faced by crime victim (Daniel) who had his jaw Social Media Strategies seldom heard. broken in an unprovoked attack in 2014. Nearly crime victims. It’s why I’ve tried to accept to defi ne and assess four years after they began their claim, they media requests wherever possible, to our themes and goals remained locked in dispute with CICA. highlight my campaigns and messages, and found it’s helped We found the use of Daniel and Holly’s case reaching out to the widest possible shape the way we study allowed their voice to shine through, and approach comms. highlight some of the diž culties victims can audience across TV, radio and online. face when seeking compensation.

22 2018/19 Annual Report Victims’ Commissioner for England and Wales 23 1:10

VC’s View Supporting Survivors of Child Sexual Abuse Website VC Logo VC Videos When my new website was launched, In January, we Increasingly, video clips are being used I’VE MET many survivors of child sexual views on the treatment of victims of sexual For example, in 2017 NAPAC it was worth the wait. launched new as a means of sharing information. abuse and have been profoundly moved crimes are covered elsewhere in this report. answered 8,500 calls and emails on Packed with information on issues I am keen to present my work and by their pain and sense of being let down My concerns regarding belief; disclosure; their national support line and email a ecting victims and examples of VC logo. Out messages in as many different mediums by those meant to look after them. Their and a victim focused response apply equally service - less than a tenth of the good practice when providing support, went the tired, as possible, in order to reach out to the anger and frustration that they were not to victims of non-recent sexual abuse. The number (nearly 90,000) who were you can browse my latest news, tweets, blue sunset, widest range of people. In the second listened to is real and heartfelt. additional thoughts below refl ect my views trying to get through during this speeches, reports and newsletters, I replaced by half of the year, we started using short, I have also been privileged to attend specifi c to adult survivors of nonabuse; period. hope the new website will attract more a butterfl y, a relatable Twitter videos, combining fi lm, and speak at meetings of support My visits to victim support services Traumatic life experiences can have victims and service providers so that it symbol of hope text and imagery, to explain our reports groups. I work closely with organisations across the country tell me that on the a signifi cant impact on people’s lives, becomes a vital tool for my successor concisely and clearly. such as NAPAC. Their CEO, Gabrielle ground, services are struggling to cope as increasing the risk of poorer physical in promoting her work and engaging in uplifting pink. In September, we collaborated with Shaw, is a member of my advisory group so many more survivors fi nd the courage and mental health and unemployment, with victims. the Ministry of Justice for a video I and I am grateful to her and her team for to come forward and ask for help. This is as well as poorer social, educational One feature, the Victims’ Journey presented, on making a Victim Personal their advice and briefi ngs. no refl ection on the professionals who and criminal justice outcomes. will assist victims by describing each Statement. I also ‘voiced’ a video on I was pleased to give evidence to the are doing their very best, but simply a Survivors need the support of highly stage of their criminal justice journey the victim journey through the parole new All-Party Parliamentary Group consequence of rising demand and limited trained and specialist counsellors to and o ering practical advice. It refl ects process, which was released by the for adult survivors of sexual abuse. My provision. deal with the effects of trauma. the challenges they face. Parole Board and can be found on our The website is also mobile-friendly website. which means it displays well, whether you’re using your phone, tablet or laptop. Key infl uencers My ož ce is constantly looking at new ways of reaching out. We approached key infl uencers including; Ministry of Justice, Met Police, Parole Board, Association of Chief Constables and Youth Justice Board to retweet and help market our launch. We prepared articles, images and a video across our digital channels to encourage cross-traž c engagement and boost readership. For extra exposure, we stuck clickable links on our emails. Our website launch tweet made a big impression. Curious to fi nd out more? Visit victimscommissioner.org.uk.

Newsletter Launched in 2017, we have published four digital issues of VC News to date, aimed at victims, practitioners, stakeholders and victim groups. Featuring a mix of news, reports on frontline organisations and expert columnists, feedback continues to be positive, and our mailing list is steadily growing.

24 2018/19 Annual Report Victims’ Commissioner for England and Wales 25 Supporting Survivors of Child Sexual Abuse 1:11

VC’s View

I therefore want the Government Funding: I recognise that to deliver the the centre. Currently, responsibility to do fi ve things: support called for, will inevitably cost for survivors is divided across so many Gangs and Knife Crime money. We owe it to survivors, many of agencies and government departments. Social agency response: Dealing with all whom have been let down badly in the past, We are about to appoint a Domestic of these issues requires the cooperation to make sure resources matches demand. Abuse Commissioner to perform the of health services, schools and colleges, In the past, funding has been divided on role of working across government, Throughout the past 12 months job centres, housing authorities and social a population basis and not according to championing the needs of domestic abuse services, to name but a few. I want to see the number of survivors known to be victims, auditing the support available our newspaper headlines have a statutory duty for these agencies to living in any one area. We need to have a and reporting to Parliament. I welcome been fi lled with heart breaking cooperate in developing plans to enable mechanism whereby the funding follows this, but believe there is an equally stories about young people falling each survivor to move on and lead fulfi lled the individual. pressing need for a Child Sexual Abuse lives. Commissioner to perform exactly the prey to vicious knife attacks. At the Appoint a CSA Commissioner: All of same function. Such is the complexity and time of writing this report, there Capacity: Ensure that there are enough the above requires coordination and the scale of such a task, we cannot operate have been more than 40 fatalities practitioners in all of these services who collaboration. It needs to be driven by as we are at present. have the training and skills to be able to since the beginning of the year assist survivors. I sense there are parts of the country where there are simply not enough practitioners to cope with the Support for survivors must THESE FATALITIES have taken place in volume of demand. However, I am not various communities, including inner cities, sure there has ever been a national audit, not be a postcode lottery provincial towns and commuter villages. looking at both supply and demand and Appalling brutal crimes infl icted by one identifying where gaps exist. Support for young person against another. It is hard survivors must not be a postcode lottery. to know which is the most shocking: when they appear to be premediated, carried Training: Staff in a wide range of agencies, out coldly and calmly against an identifi ed including health, education, housing target; or when they are totally random. and social services need to be trained This is not just a police issue. I believe in the needs of adult survivors and be police tactics alone will not prevent part of multi-agency support packages. violence. We need to sit down with I am concerned that there is insuffi cient parents, neighbours, and communities all resources to meet these wider training of whom have a part to play and have an needs, nor that training, when on offer, open and honest conversation. is always accredited. This needs to be Much of the work in preventing these addressed. terrible deaths needs to be done a long time before a teenager starts walking the I am also concerned streets with a knife. No child is born with a knife in his hand. Instead, there is a point about the lack of The provision of services to support victims/survivors of child sexual abuse varies across the country in the lives of some of them when a knife is action against those – victims and survivors can face a postcode lottery, with the prospect of receiving excellent services in seen as a must have fashion accessory. turning a blind eye some places, but inadequate ones in others. Agencies, however well-meaning, often work in silos, leaving We need to build relationships with survivors constantly having to repeat their stories and battle to be heard. communities and engage with parents, to the glamorising of I believe we need a CSA Commissioner, appointed by government and with statutory powers. This as well as working in schools to identify serious violence and a commissioner can champion the needs of victims and survivors, monitor the support on o er to them and those most at risk in being sucked into criminal lifestyle hold the police and all other criminal justice agencies to account. A CSA Commissioner can ensure the this culture of violence. We need to get to issues facing victims and survivors of CSA are at the centre of public debate, and that their voices are heard. them before that point is reached.

26 2018/19 Annual Report Victims’ Commissioner for England and Wales 27 Gangs and Knife Crime 1:12

happen, we need to be sure the police have the tools to do the job. By this, I mean both the resources and the statutory powers. Meeting Victims and The additional government funding announced in March by the Chancellor is welcome as undoubtedly, it will help police forces strengthen their immediate response Practitioners to knife crime. This additional money will enable the police to increase the number of offi cers available to carry out targeted patrols in crime hotspots and disrupt gangs and crime groups. It means they are better equipped to regularly undertake a range of tactics, such as AS WELL as working with criminal justice contact with. On my travels to visit Police day slavery. The work they do, for example test purchasing in shops, weapon sweeps and agencies, I have built links with the charities and Crime Commissioners, I have met offering victims the chance to move into engaging directly with young people about and third sector groups who support victims many more. paid employment, has been inspiring. the dangers of carrying and using knives. 365 days of the year. I never cease to be This year, I met a number of charities I also meet support workers who help That being said, the extra funding is impressed by the amazing work undertaken responsible for supporting victims of victims of sexual violence. This year, it has only a drop in the ocean. If the by these people. Their commitment and domestic abuse. Many victims have told been valuable to learn more about the government is looking at the dedication to victims is heart-warming me how they have been able to rebuild work of those charities supporting male Scottish public health model, and often inspirational. They work on their life and self-esteem only with the aid victims. there needs to be suffi cient shoestring budgets, using ingenuity and of their support workers. Other charities The terrible increase in knife crime has Anti -knife crime charity ‘Ben Kinsella’, poster. resources to create sustainable sheer determination to keep their projects have been supporting victims of modern resulted in me meeting those who help programmes. Only then will young going and improve the support they’re able people within these communities to provide. feel we are serious about protecting I have set out below the groups I’ve met we can only achieve this if schools, police, their lives and the lives of others. with or spoken to over the year. These are Their commitment and dedication to victims social services and health agencies work We also need to re-evaluate our not the only organisations I have come into is heart-warming and often inspirational together. caution in using stop and search. I I am also concerned about the lack of know many fear this tactic alienates action against those turning a blind eye young people from the police. But I to the glamorising of serious violence also know communities want this to children avoid getting involved in gangs and a criminal lifestyle. I include in this, the protect their young families. They see and criminality. As we work hard to tech companies and radio stations playing enough heartache and pain, and are tackle the increase in knife crime, these and hosting songs aimed at teenagers, which at a loss of what they can personally charities will have a critical role to play. speak blithely about the carrying of weapons. our streets. By their actions, middle class do. And so, my view is that it is not what you I am conscious that covering such a Enforcement action must to taken against recreational drug users are, in part, directly do, but how you do it. For example, if your wide geographic area, and with so many those playing chicken with our children’s lives. responsible for this. intelligence is wrong and the youngsters you organisations involved in supporting But tech companies are not the only people As well as getting others to act have stopped and searched have nothing to victims, I have only been able to touch turning a blind eye. Many of these crimes responsibly, there needs to be an effective hide, then apologise. It makes a big difference the surface. To make best use of my are driven by criminal gangs fi ghting a turf law enforcement response. And for that to to the person on the receiving end. time and resources, my offi ce put in war in our streets and housing estates. The place a comprehensive stakeholder battles are triggered by the lucrative trade in engagement plan. “recreational” drugs, earning gang leaders and Looking forward, I hope the new some of their followers “easy” money. revamped website and newsletters will Many of those who buy drugs would At the end of the business year, I received an invitation to take part also be vehicles for my successor to regard themselves as respectable citizens. in the Prime Minister’s round table meeting on tackling the scourge highlight the excellent work taken by For example, they take socially responsible of knife crime. Government needs to take the lead on this. But if we victim supporting charities. decisions, like drinking fair trade coffee are to be successful it falls to all of us to play our part, communities, The table overleaf is a list of the or worrying about the future of the police, schools, tech companies, broadcasters, to rise to the challenge organisations with which I have environment. But at the same time, they are and eradicate this cancer so that all our children can walk the streets had either face-to-face meetings or funding the violent gangs that are causing without being in fear. conference calls. deaths of young people and creating fear on

28 2018/19 Annual Report Victims’ Commissioner for England and Wales 29 Meeting Victims and Practitioners 1:12

Many victims understand I cannot take Events Speaking events – national I was delighted to up their cases, but they do want someone It is always an honour to be invited to visit seminars chair a seminar hosted to listen. And if I am able to share these groups across the country and speak at their Many of my speaking engagements have been experiences with service providers and special events. As ever, it hasn’t been possible at regional events arranged by criminal justice by Westminster policy makers, they can illustrate the issues I to accept every invitation but I have tried to agencies, police and crime commissioners. Insight, in March, want to raise. In some cases, their views have maintain a geographical spread. However, I welcomed the opportunity to directly led to improvements in practice. I’ve tried to attend the launch of new speak more widely about victims’ policy and which focused on the I now have a part-time correspondence services as well as visit new, innovative practice. This gives me the chance to raise issue of hate crime. manager who supports me in responding to practices. I have been particularly keen to more strategic issues as well as challenge the correspondence. This is a new role within visit groups who support vulnerable groups status quo. This horrible crime the office and it is difficult to imagine being of victims and survivors. In May I spoke at the Westminster Briefing manifests itself able to cope without this valuable support. Often these events are a great opportunity Seminar, setting out the case for a Victims’ The correspondence manager is to celebrate success and achievement. Law, which includes statutory rights for in many dierent generally the first point of contact for victim victims. I also used this as a platform to forms and sadly, is communications. We aim to comply with advocate the Victims’ Commissioner role be the Government standard of responding to Name of Organisation Date of Contact given enhanced statutory powers to enable on the increase enquiries within 20 working days and letters future office holders to hold agencies and from MPs, on behalf of their constituents, Women’s Aid 17 April government fully to account. within 8 working days. The handling of In July I was invited to address a seminar personal correspondence falls within GDPR Fort Alice, Bolton 20 April hosted by the Cambridge Faculty of Law requirements and my website provides National Association for People Abused in Childhood 30 April on the effectiveness of the parole process. details of our privacy notice. It gave me the opportunity to describe We received 565 items of Safer Lives 14 May this process through the eyes of a victims, correspondence from or on behalf of St Joseph’s Family Centre 14 May focusing on transparency, the right to individual victims; some of these were Respect 15 May challenge and the right to be heard. I am not a single exchange and some involved a sure my views were welcomed by everyone by Westminster Insight, in March, which addressing the Annual Conference of ASB- number of exchanges. Although this works East Surrey Domestic Abuse Service 17 May present, but it was a useful opportunity to focused on the issue of hate crime. This Resolve. Anti-social behaviour is a scourge out as an average of nearly 50 enquiries a Hestia 23 May remind practitioners of the rights of victims. horrible crime manifests itself in many in many communities and a subject close to month, there were significant peaks, usually I was asked to chair a seminar convened different forms, and sadly, is on the increase. my heart. I was able to set out my concerns following media coverage or the publication Onside Youth Zones 7 June by the Public Policy Exchange which looked There were some insightful contributions about the failings of the community trigger of one of my reviews. For example, my at the recently launched Victim Strategy. The and all attendees were able to benefit from and how all too often, the authorities fail review on criminal injuries compensation Youth Violence Commission 18 July day was useful in hearing contributions both the learning it offered. to appreciate the accumulative impact of generated a great deal of public interest. Tell MAMA 23 July from the podium and the floor and to be able I also chaired and spoke at a seminar persistent ASB. The table below lists the top 10 issues on to make my own views known. organised by Westminster Briefing, which which victims have written to me: Co-op Brighter Lives Project 14 August In October I chaired an international looked at the Victims Code, how it should be Individual Cases In some complex cases, my office arranges The Survivors Trust 6 October summit on Safeguarding in the Aid Sector improved and monitored. This is a subject Although I am prevented by law from taking for me to meet with the victim face to face or which was hosted by Department of close to my heart and it was an opportunity up individual cases, I believe it’s a key part over the telephone. Families Need Fathers 9 October International Development. The summit was to express my concerns about delivering of my role to meet victims, listen to their It’s so touching when victims say how Sisters for Change 10 October hosted in response to the safeguarding issues victim entitlements. concerns and, where possible, signpost them much they valued the letters from my office. highlighted in the national press in response My last major speaking engagement to the agencies and organisations which My frustration all too often, is that I am Advocacy Support Victims of Northern Ireland Troubles 8 November to allegations of sexual exploitation. as Victims’ Commissioner was in April, might be able to help them. unable to do more to help. Children’s Society 13 November In February I attended and spoke at a seminar hosted by the Dutch Ministry CEASE UK 13 December of Justice, which was looking at the GANGS 24 January development of policy and practice in respect of victim rights in criminal justice systems. Anti-social Assault Child Domestic Fraud Murder Civil Sexual Contact Criminal Other Key behavaviour Sexual Abuse Assault Scheme injury Issuse Cheshire Integrated Anti-Stalking Unit 25January The seminar was a useful opportunity to make Abuse compensation contacts from other jurisdictions and learn INQUEST 29 January from the work they were doing. G4S SARC Visit 14 February I was delighted to chair a seminar hosted No. 77 33 22 30 21 22 66 23 26 168 77

30 2018/19 Annual Report Victims’ Commissioner for England and Wales 31 1:13

assault. Such decisions were based on the this caution was interpreted by some as a available evidence and whether there was a reluctance to make a charging decision, but in Speaking Up for Victims public interest. The CPS appetite for pursuing reality, it was the CPS working to “get it right”. such cases remained the same. The overall I welcomed the care taken, but the drop in sexual violence cases being referred inevitable consequence of this approach is to the CPS meant fewer cases were being additional delays, which is having an adverse considered. impact on victims. I feel they are “being lost” My role as Victims’ Another ongoing concern was disclosure in the middle of this protracted process and practices. The DPP has kept me updated in turn, this is making them reluctant to come Commissioner is independent on work within the CPS to monitor how forward and report. from Government, but Name Date disclosure was being handled. I was given Anecdotal evidence also suggested that throughout my term, I have assurances that CPS staff are examining prosecutors often had little contact with OfSTED 16 April cases carefully, making sure issues victims, and did not always appreciate their held regular meetings with concerning disclosure have been handled concerns. I believe it vital that CPS barristers London Emergencies Trust 19 April ministers and policy makers, appropriately. This means that at any one are willing to meet and engage with victims (and other charities supporting victims of terror) as well as senior ošcials from time, there will be several thousand cases and register their concerns. Criminal Injuries Compensation Authority 23 April under active consideration. The DPP is aware I wrote to the DPP on the issue of a range of criminal justice Director of Public Prosecutions 24 April agencies to raise issues of concern and secure a better National Criminal Justice Board 30 April I raised concerns about Name Date deal for victims Secretary of State for Justice 1 May the fall in the number Minister for Victims 3 May CEO HM Prisons and Probation Service 17 October of rape charges and I PLACED great importance on my meetings, Commission for Countering Extremism 3 May Chief Inspector, HMICFRS 7 November as an opportunity to influence policies and whether that indicated Professor, Sir Simon Wessley – 16 May practice, based on the feedback I receive from Chair of the Parole Board 12 November Review of the Mental Health Act meeting victims. It is an important part of my a change in policy or Association of Police and Crime Commissioners 14 November role. Parole Board chair and CEO 4 June practice Parliamentary Under Secretary for State – 28 November From January 2017, and in line with my Chief Coroner 4 June commitment to greater transparency, notes Department of Health of some meetings have been placed on my Commissioner for Modern Day Slavery 7 June HAC – Domestic Abuse Enquiry 4 December standards of forensic investigations in website so victims and practitioners can see Sexual Assault Referral Centres (SARCs) Director of Public Prosecutions 7 June Minister for Victims 17 December the issues I am raising and the response of the in response to an investigation on the part agency concerned. My office has also tweeted CEO of Victim Support 12 June CEO Victim Support 17 December of journalists working for the BBC. They about the meetings and some of the key obtained from the CPS a copy of a review issues raised. Minister for Vulnerability, Safeguarding and 19 June Solicitor General 22 January it had undertaken in 2009 into forensic Counter Extremism The tables set out the meetings I have held Minister for Vulnerability, Safeguarding and 22 January standards in SARCs, and which made with agencies, policy makers and Ministers Parliamentary Under Secretary of State for Justice 28 June Counter Extremism recommendations for improvement. The DPP since April 2018. agreed about the importance of consistency Commissioner for Countering Extremism 17 July Director of Public Prosecutions 4 February and high standards, but stated this is now the Crown Prosecution Service (CPS) Offensive Weapons Bill Committee 19 July Chief Inspector, HMICPS 5 February responsibility of the NHS and Home Office. Throughout my term I have met regularly He acknowledged there were concerns CEO of the Charities Commission 30 July Director, National Homicide Service 6 February with the Director of Public Prosecutions 10 years ago that forensic standards in some (DPP). I am grateful to Alison Saunders, who CEO HM Courts and Tribunal Service 4 September CEO HM Courts and Tribunal Service 7 February SARCs were not as good as they should be retired in October, for all her support and and the CPS had looked into the matter. commitment to improving the experience CEO Criminal Injuries Compensation Authority 9 October Victims Minister and Under Parly SofS for Health 11 February However, in 2012, Forensic Science was of victims in the justice process. It was also a CEO Serious Fraud Office 10 October Director of the National Probation Service 12 February returned to the Home Office and the CPS is pleasure to meet her successor, Max Hill. no longer able to intervene. The CPS review I raised concerns about the fall in the Director of the National Probation Office 10 October Lord Chief Justice 25 February did lead to changes being made. number of rape charges and whether that CEO Youth Justice Board 15 October Director of the National Probation Service 25 February I plan to take the matter up with the Home indicated a change in policy or practice. In my Office as I want to be confident that those final meeting, the DPP reassured me the CPS Lord Chief Justice 15 October CEO Criminal Injuries Compensation Authority 26 February victims who are compelled to use SARCs was not changing the way it took decisions on receive the highest standard of care at all Director, Sentencing Council 16 October Home Secretary 12 March whether to make a charge for rape or sexual times.

32 2018/19 Annual Report Victims’ Commissioner for England and Wales 33 Speaking Up for Victims 1:13

Over 1,000 victims in the Victim Contact Scheme have asked to Parole Board I have continued to work closely with be sent a summary. This goes the Parole Board on how to support to prove that victims want to be victims in interacting with the parole process. Recently, I contributed to a video kept informed throughout their produced by the Board, which explains criminal justice journey to victims their journey through the parole process. I know only too well how daunting this can seem, and welcome anything that helps guide victims through. In April 2018, the Secretary of State published his review of the parole process. He confirmed the Government would be I continued to raise the issue of the review and there were two recommendations removing the privacy requirement in the I am keen to know how these summary concerned this is not always being made handling of Section 41 cases – victims of Anecdotal evidence relating to the CPS. Parole Board Rules, enabling the Board letters are being received by victims and clear to victims. sexual assault where the defence makes an to provide victims with a summary of the whether they are being drafted in terms The Secretary of State also undertook •Inspections of how the CPS and police application to cross-examine them on their also suggested that reasoning behind its decision making. This that are clearly understood. It would be a a consultation on what process might work with RIs should be included in regular previous sexual history. I wanted to know how is something I have been calling for, and it shame if this welcome development gets usefully be introduced as a means prosecutors often inspections by Her Majesty’s Inspectorate of well this process was being managed by the is a positive step forward. It allows victims lost in a fog of incomprehensible jargon. of reconsidering a parole decision. I Constabulary and Fire & Rescue Services, and courts and whether judges and prosecution had little contact with to understand how decisions are made and I have asked the Parole Board go further, responded to this consultation, welcoming Her Majesty’s Crown Prosecution Service were pushing back on unreasonable to feel they are a participant in the parole and when it varies or rejects a victims’ this proposal, but subject to some caveats. Inspectorate. applications. victims, and did not process and not merely an observer. request for licence conditions, it offers The first was that the Parole Board The DPP stated that the evidence always appreciate •Awareness of the role of RIs should be Since then, more than 1,000 victims the reasons for this. I understand from needed to be adequately resourced to compiled by the CPS on this sensitive issue promoted to judges, magistrates, CPS and in the Victim Contact Scheme have the Parole Board this is now happening undertake this additional work, so that contradicted claims that it was working badly. their concerns. I police; in addition, training on their role and asked to be sent a summary. This goes to and this is welcome. I also want to be sure the process of reconsideration was It suggested that judges were deciding on believe it vital that how to work them should be a mandatory prove victims want to be kept informed these victims are always being made aware not protracted. In addition, I wanted such applications with great care. He felt that part of training on special measures. throughout their criminal justice journey. of their right to resubmit requests. I remain to be sure the mechanism for seeking perhaps judges ought to do more to explain CPS barristers are reconsideration would be made open their rulings and the rationale behind them. willing to meet and The DPP responded that in light of these to all victims, irrespective of sentence, However, there will be cases where such recommendation, the CPS special measures and that they be given sufficient time in cross-examination will be necessary. engage with victims e-learning has been updated. It highlighted which to make their request. I also wanted The CPS sample of 300 sexual assault cases the need to identify, at an early stage, whether reassurance that VLOs would receive found that a Section 41 application was made and register their to engage a Registered Intermediary. To raise training in order to be in a position to offer in just 13% of cases and granted in 8%. The concerns awareness of the Registered Intermediary victims informed advice. CPS opposed 35% of Section 41 applications role further, the CPS will arrange interactive The Government has responded to and agreed in 30%. webinar sessions with experienced Registered the consultation and I believe the new The DPP agreed it was important that Intermediaries who can talk about their role reconsideration mechanism is due to be when a Section 41 application was agreed, the and highlight how they can assist vulnerable introduced in July. I am pleased to see it reasons behind it were carefully explained to witnesses in the Criminal Justice System. The is open to all victims but still have some the victims. CPS is also working closely with the Ministry reservation about whether victims will The DPP and the CPS responded of Justice to develop training for newly have sufficient time and will be receiving positively to my review on Registered recruited Registered Intermediaries and the required level of support. This will have Intermediaries, published in January 2018 has a representative on the two governance to be monitored closely when the scheme and which identified a number of failings. boards to ensure any CPS issues are resolved is introduced. Nine prosecutors gave evidence as part of the promptly.

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Police Police have an important role to play in hope my successor will continue to challenge I have also challenged the police about a victim’s journey through the criminal the police on this as it is so important. disclosure. Victims of sexual violence justice process, and I always welcome the A victim of rape, even today, has a very are routinely having their personal lives opportunity to meet them to discuss how small chance of securing a conviction. Some disproportionately investigated and they support victims. reports show it as low as 2%. Victims report disclosed in criminal trials. I know the This year I have spoken at two being disbelieved and subject to stereo- police are reviewing their practices and I conferences organised by the National typing; some tell me going through the will follow this with close interest. Police Chiefs Council and this has enabled criminal justice process was every bit as bad The process of getting a rape case to me to set out my ongoing concerns about as the crime itself. trial is complex and protracted. There can how police engage with victims. Lately, we have taken great strides in be periods of weeks or months where the Last October, I published my latest building confidence with these victims, victim hears nothing. From a police point annual analysis of victims who are offered resulting in more being prepared to report. of view – they don’t contact the victim a Victim Personal Statement (the findings This is in part, because of the change in the because they have nothing to tell. From the are set out earlier in this report). These police approach to victims. Therefore, I have victims’ point of view, they feel isolated, statements are important. They give continued to challenge the prevailing mood disbelieved and ignored. The suspense victims a voice in our criminal justice that the police should adopt a neutral stance caused by the silence can exacerbate their system. I have challenged the police on the to victims. trauma. findings. Only one in six victims recall being The change appears to be based upon a I have called on police officers asked to make a VPS. view that with sex offences, police officers proactively to contact victims and speak to Some forces dispute these figures, with are unable to take a robust, impartial them, even if they have nothing to report, local data showing police officers offering investigation if they offer a victim belief simply to offer reassurance their case is in a VPS in most cases. But if five in every that their allegations are true. But if this is hand, and they have not been forgotten. If six victims has no recollection of the offer the case, I would argue that a diminution of we are to get more cases successfully to Her Majesty’s Courts and Tribunal Service (HMCTS) being made, we need to accept the way in victim support is not the solution. Instead, it a court room, we need to get this right. I which the offer is made doesn’t work. is a matter needing to be addressed through am also concerned about the use of police I met with the Chief Executive of the specifically at issues such as shared The police tell me about new ways of training and guidance. bail. The changes in bail arrangements HMCTS during this year. waiting rooms. I have continued making a VPS being piloted, and their I welcomed these meetings as an I also sought assurances about the commitment to the VPS is referred to in opportunity to raise concerns about robustness of IT systems in the light of to raise the strategies and business plans. However A victim of rape, even today, has a very specific court closures and the impact systems failures as widely reported in impact a in the absence of any evidence of the small chance of securing a conviction. on victims and witnesses. I have heard the media. situation improving, I am unconvinced this stories from victims and Police and The CEO has kept me informed of poorly thought is enough. Too many victims are being Some reports show it as low as 2% Crime Commissioners about victims and developments in the rollout of video- silenced by our failure to get this right. I witnesses travelling up to two hours to links to court rooms for the use of out court get to court, often on the same trains and vulnerable witnesses. The delays have as set out in the Police and Crime Act 2017 buses as the offenders. Their frustrations been frustrating, but I was pleased to environment have been controversial. I have heard some have been exacerbated by cases being hear HMCTS had been able to resume police representatives telling audiences bail adjourned on the day or transferred to this important piece of work. has on victim can only be used in “the most exceptional another court building at the last minute. I also raised the issue of victims of circumstances”. I have continued to raise the impact a mentally disordered offenders having and witnesses I met with policy officials from the Home poorly thought out court environment has greater access to the Mental Health Office who advise in the strongest terms that on victim and witnesses. For example, it is Tribunal, highlighting issues raised in this is not the case. If the suspect is believed unacceptable for vulnerable victims to sit my report, including the right to submit to present a threat to their victim, they can in the same waiting room as the defendant a victim personal statement, to make indeed be released on appropriate conditions. and/or the defendant’s family. representations to the panel in person I want to be sure no victim is being placed at I also raised cases of special measures and to receive reasons for decisions risk because frontline staff are unsure when not being available despite the request when requests are made for specific bail can be used. And I want victims to be being accepted by the court. I have been discharge conditions are either varied confident that if they pick up the phone and assured that screens for special measures or rejected. I am pleased MoJ is working report abuse to the police, they will always be are now available in all court buildings. The with the Tribunal in looking at all of protected. courts improvement programme is looking these issues.

36 2018/19 Annual Report Victims’ Commissioner for England and Wales 37 Speaking Up for Victims 1:13

access to legal advice for these victims. being told they are ineligible for the full Inspectorates and Judiciary Criminal Injuries Compensation I sought assurances on the issue of victims compensation award (or in some cases, I continued to liaise with their inspectorates, Authority (CICA) being timed out in making an application not eligible for an award at all) due to the where their work crosses over into victim Throughout the past 12 months, I have because police and prosecutors advised deceased not being of good character. It has services. I fed into thematic reviews and met regularly with the new CEO of the them not to apply until the trial is complete. caused families considerable distress. I have take a close interest in inspection reports, Criminal Injuries Compensation Authority. I was advised CICA staff can and do exercise called on the Government to review both particularly those produced by HMICFRS Furthermore, my office has worked closely discretion in such circumstances and allow these pressing issues with a view to change. and HMCPS. Both inspectorates were with the Agency in compiling my review late applications. proactive in keeping me and my office on criminal injuries compensation, I am I am pleased to hear the time taken to National Probation Service (NPS) informed of their work, for which I am grateful for their engagement and assistance process CICA applications has continued I had several meetings with the Director of grateful. throughout. The findings of my review are set to fall. the National Probation Service throughout out earlier in this report. I wrote to Ministers calling on them the year, and this has been a productive Lord Chief Justice The CEO has kept me informed on a range to review the “under the same roof rule” working relationship. It was a pleasure to meet the newly of initiatives to improve service delivery, whereby victims of abuse prior to October In the Government’s review of the parole appointed LCJ, Lord Burnett, to discuss a including making the application form more 1979 were ineligible for compensation. process, I called for the Victim Contact range of issues including the rollout of video- accessible, enabling staff in the caller centre I welcomed the Government’s decision Scheme (VCS) to become integrated into links to court rooms, the treatment of victims to resolve relatively straightforward cases announced in September 2018, to reverse the provision of victim support services. of sexual violence in the court room and the and looking to make letters more empathetic. this policy. I sought assurances all victims For too long the VCS has been detached transparency of sentencing. The LCJ invited These developments are all welcomed, but affected by the policy would be eligible to from those supporting victims. It has seen His Hon Judge Lucas to be the lead on victim I am keen to see a more radical overhaul of reapply for compensation and have been itself as simply a transactional service. issues for the judiciary. This is a good initiative the service, so that it does not cause victims given a positive response. I also raised the Yet providing victims with information is and I was pleased to visit Judge Lucas and his distress or retrigger trauma. issue of whether previous applicants might a fundamental part of their support. And colleagues at Wood Green Crown Court. I We discussed the implications of a be alerted to the change in policy so they can those offering the information are required hope Judge Lucas and my successor will be judgment in the Scottish Courts which has resubmit claims. to offer the same level of care and sensitivity able to work closely going forward. prompted providers of victim services to Finally, and as referred to in my review, I as any other victim support worker. withdraw from supporting victims in making remain concerned about certain aspects of I am delighted the NPS agreed to pilot Chief Coroner applications for compensation. This is likely to the scheme. At present, some victims are VLOs being based in victim hubs, working I continued to take a keen interest in the mean more victims need to rely on solicitors ineligible for compensation because they alongside victim support workers. The remit of the coroner in the event of a to provide support, which in turn means they have unspent criminal convictions; yet in pilots, based in the North West, will offer an suspicious death. I know from personal will lose at least 25% of any award in legal some cases, these convictions are directly opportunity for staff to share information experience, how the coronial process can fees. This will have a disproportionate impact or indirectly attributable to the crimes and offer victims a seamless service. I hope affect bereaved families in cases where a on vulnerable victims and gives real cause for committed against them. it particularly will look at how victims are criminal act has led to the death of a loved concern. I am calling on PCCs to provide free Another issue is bereaved victims transitioned into the VCS after the trial. At one. It’s exactly why I’m keen to ensure other present, around one third of victims do not families going through this are treated with make the transition and this can cause so I also raised concerns about the annual As well as sensitivity. much anguish further down the line. letter victims in the VCS receive, updating I was approached by two victims who lost I also called for greater discretion them on “significant developments”. I was Parliamentary close family members in fatal road collisions. in giving victims who do not secure a concerned victims were not informed when Both families were further traumatised by conviction, discretionary access to the VCS. offenders were recategorised. Current debates, I’ve met delays caused by the perpetrators seeking During the year I was consulted on MoJ guidance does not recognise such transfers their own independent post-mortems. A proposals to deliver such a change. The as a “significant development”. I am pleased and worked with decision whether to grant an independent proposed changes were carefully thought that in response, the NPS is exploring the Parliamentarians post-mortem falls to the coroner, and it through and comprehensive. I am pleased possibility of informing the victim of the would seem that practice varies across the these have now been implemented. prisoner’s current security category as part from across the country. In my report on supporting victims of of the annual update. It was recognised I met Chief Coroner, Judge Lucraft, mentally disordered offenders (set out that the status might change several times political spectrum together with the victims, to discuss the earlier in this report), I called for victims of over the course of a year, and it would not impact multiple post-mortems has on a unrestricted patients to be allocated a VLO be feasible to inform the victim each time a who share my bereaved victim. Also the technological to support them through mental health change occurs. However, the annual update advances which could prevent the necessity reviews. At present these victims are having would provide victims with a snapshot. passion for for more than one post-mortem; the to liaise directly with health authorities I continued to raise the issue of rights of defendants in requesting a repeat and this often proves to be a distressing victims being offered more information supporting investigation; and the guidance available experience. I am delighted work is now about resettlement plans to offer them victims to coroners on alternative options. Judge underway to make this proposal a reality. reassurance. Lucraft will be considering these views when

38 2018/19 Annual Report Victims’ Commissioner for England and Wales 39 Speaking Up for Victims 1:14

VC’s View Victims of Sexual he finalises his new Chief Coroner’s Guidance Violence paper on multiple post-mortems, to be issued to all coroners in summer 2019. The Queen’s Speech 2017 set out the WITHIN MY wide remit, there are so many crime is committed. If someone has been any crime, alongside instilling belief in the Government’s intention to provide an issues causing me concern. But there is one subjected to appalling, degrading sexual individual reporting the crime. And if police Independent Public Advocate is to keep the particular group who, I think, are receiving a violence, they cannot defer the trauma chiefs are concerned that this is not possible, bereaved and surviving victims of disasters terrible deal from our criminal justice system. and pain until the courts finally announce this should be tackled by training – and not informed of progress in any relevant They are victims of sexual violence. a verdict. The impact is immediate and by diminishing the treatment of victims. investigation and make them fully aware how The National Crime Survey for England and devastating. They deserve to be treated they can contribute to that investigation. Wales shows more than four in five of those with respect, sensitivity and feel their pain is Disclosure Public Advocate would ensure in the who suffer a sexual assault never report it to acknowledged. Reporting a sexual assault and asking the event of disasters involving multiple fatalities the police so they never see justice. Indeed, Of course, a defendant deserves a fair trial. police to investigate also requires a victim to involving numerous victims, no individuals recent data suggests fewer than 2% of victims And our justice system must always uphold surrender their right to privacy. or families are sidelined in large and complex of sexual assault will see their perpetrator the principle of innocent until proven guilty. We have created a climate whereby proceedings designed to determine the facts convicted in the courts. This troubles me, as No one, including victims, receives justice on victims of sexual violence are routinely and causes of the events affecting them. it demonstrates a breakdown in confidence the back of wrongful convictions. You have having their personal lives disproportionately The Government consulted on this between victims of sexual violence and the a victim who deserves to be treated with investigated and disclosed in criminal trials. proposal in 2018. I responded on 3 criminal justice system. compassion and respect and a defendant who In doing so, we are retraumatising them and December, placing a copy of my response on For me, the question is, how has this been deserves to be treated fairly and who will be potentially infringing a most basic human my website. I welcomed the proposal, but was Feeding into Consultations, Policies and Procedures allowed to happen? I believe for many victims, given natural justice. The two are not mutually right – the right to privacy. keen to emphasise the role must be seen to be I’ve contributed to consultations, policies and guidance documents, which impact upon the criminal justice journey is as harrowing as exclusive. Victims are routinely asked to sign what independent of Government so victims have victims. Some of the work I have contributed to in 2017-18 includes: the crime itself. This is unacceptable. I fear we I believe the police are perfectly able to is called a “Stafford Statement” giving police confidence in it. are letting these victims down badly. employ a strict investigative mindset to and prosecutors the right to access and I also believe it should not to be too ˜ Government’s Consultation on Transforming the Response to Domestic Abuse This is why I want to see a national disclose to the court and defence team any prescriptive as to when an IPA can be used. ˜ Government Consultation on the Reconsideration of Parole Decisions conversation on why this is happening and of their historic personal data that might be In my view the criteria should go beyond ˜ Home Office Refresh of the Violence against Women and Girls Strategy how we can change it. I also welcome the relevant to the case. multiple fatalities to include incidents where ˜ Evidence to the Offensive Weapons Bill Committee recent announcement by the Home Office Victims will not have a lawyer they can multiple victims have suffered psychological ˜ Evidence to the APPG on Adult Survivors of Child Sexual Abuse to review the criminal justice journey for consult. Nor can they expect to be consulted trauma, life changing injuries, or severe ˜ Government Consultation on Establishing an Independent Public Advocate rape victims. This is a step forward and long throughout the process. This blanket economic loss. All these groups of victims ˜ Response to the Welsh Criminal Justice Review overdue. consent allows police and CPS access to have a strong, legitimate interest in engaging ˜ Evidence to the Welsh Assembly on prisoner Voting Rights all your personal data from school, social in any subsequent inquiry and investigation Belief services, medical, psychiatric or even process. To restrict the services of an IPA A starting point for this conversation is that notes from counselling. Disclosure of such solely to incidents resulting in fatalities risks with four in five victims of sexual assault never sensitive material can have a devastating creating a “victim hierarchy” and this would be Parliamentary Debates reporting, why is this? emotional effect on the victims. Crucially, unacceptable. As a member of the House of Lords, I also As well as Parliamentary debates, I’ve It may be because the police treat them I suspect many victims are being deterred I also called for the legislation to set get the opportunity to speak in the chamber met and worked with Parliamentarians differently, as do the Crown Prosecution from reporting rape to avoid this intrusive out in broad terms those eligible for the on issues that directly and indirectly affect across the political spectrum who share Service and society as a whole. If you are disclosure. support of an IPA, with scope for the IPA to victims. my passion for supporting victims. bereaved following a murder or had your And those who do sign, can we be sure include others if there is a public interest Over the past year, I’ve used this I’ve been encouraged by the growing home broken into, you and your family are that they understand the ramifications. requirement. In cases where there is a call opportunity to speak on victim related issues. political consensus to do more and go treated as victims. But if you say no to sex, For example, once their data is added to for the IPA to exercise discretion and provide These include offensive weapons, knife crime, further in supporting victims and giving you’re in your own special box. You are a the police computer it’s almost impossible support, there should be a requirement they domestic abuse, child sexual exploitation and them statutory rights within our criminal complainant until a guilty plea or verdict. to get it back out again and that it will be provide reasons for their eventual decision. repatriation charges. justice system. A victim is a victim from the moment the held for 100 years. Every piece of data on

40 2018/19 Annual Report Victims’ Commissioner for England and Wales 41 Victims of Sexual Violence 1:15

Creating a Centre of their phone will be downloaded, going back years before the attack had taken place. Any Excellence material retrieved considered relevant to the defence, will be revealed to the defendant? It is unfair we’re asking vulnerable victims IN MY last two Annual Reports, I involved in to help improve victim Victims Panel, feeding victims’ • I attended a round table to make such decisions without support. revealed my ambition to turn my services: views into the development of discussion on Anti-Social Behaviour That is why I want victims to access free legal office into a “Centre of Excellence”, • Members of my team attended MoJ victims’ policy. (ASB), chaired by the Centre for advice when asked to consent to any form sharing examples of good Ministry of Justice workshops • Elaine Wedlock sits on the Social Justice. The round table of disclosure. We would not accept that a practice and innovation. I remain with key stakeholders from across Ministry of Justice Ethics Advisory was convened with practitioners, defendant should be asked such a question committed to this goal and it’s one the criminal justice system to feed Group developing and sharing academics and key stakeholders without a lawyer present. Why should the of my five strategic objectives for into MoJ reviews of the Victims’ good practice in ethical research working with victims of ASB to feed same not apply to victims? my second term. Code, the Victims’ Strategy and across the Ministry of Justice and into my upcoming review into ASB. But I would go further. If the police want The redesign of my website is the MoJ review of the Criminal its arms-length bodies. • Elaine Wedlock attended a round to include a victim’s personal data they have now complete and there will be a Injuries Compensation Scheme. • Rachel Hersey and Elaine table meeting at the Children’s’ no formal means of appeal or challenge. section dedicated to promoting • Elaine Wedlock sits on the Wedlock have represented Commissioners Office feeding in Again, this requires access to legal advice. A good practice and innovation. The steering group of an academic victims’ views in the Attorney victim’s views about thresholds of legal professional who is not representing plan is for this area of the website research project on Victims’ General’s Disclosure Review. evidence required for prosecution anyone other than the interest of the victim. to be continually updated with Access to Justice in English • My team met with and children and young people’s And when disputes cannot be resolved, recent examples. Criminal Courts, 1675 to representatives from the experiences as victims of childhood there should be an expectation the matter I’m often asked what the present. The research is University of Toronto, the sexual abuse. is referred to a judge, who will listen to both constitutes an example of good sponsored by the Economic and Attorney General’s Office of • I am supporting an application for sides and take the final decision. practice. Another of my strategic Social Research Council and is a Ontario and Ontario Police funding to the Economic and Social objectives is to apply the learning collaboration between academics Services Board to discuss good Research Council for research Myths and Stereotyping from my review ‘What Works’. from the University of Essex, practice in criminal justice into achieving best evidence It is not just the criminal justice system that This review identified four key University of Liverpool, University agencies response to sexual and interviewing with victims of gang needs to reflect upon how it operates, there The Trial principles which underpinned of Manchester, the University gender-based violence. crime and serious violence, led by are wider societal issues that need to be We have an adversarial criminal justice system in this country. In the effective victim services, namely of Sheffield and Leeds Beckett • Rachel Hersey and Elaine the University of Westminster. I addressed too. At times, it seems you must quest for the truth, participants in the court room can be robust - brutal communication, procedural justice, University. Wedlock (below) attended the will sit on the advisory group for qualify as a saint to be classed as a credible even - in their questioning. I accept the purpose of a trial is to establish inter-agency cooperation and • Members of my team regularly Westminster Briefing Conference the research if it is successful in its rape victim. Drinking. Wearing short skirts. the facts and determine guilt. Nevertheless, it does not have to be a professionalisation. attend the Ministry of Justice’s on tackling gang and youth crime. funding bid. Taking a selfie with a pout. Let us be clear. process in which, as some victims tell me, is traumatising. These principles have influenced None of these have an iota of relevance to the We need to make sure victims know what to expect. Independent our approach to reviewing victim fact that two months later you were raped. Sexual Advisors who oer emotional and practical support to rape services and recommending I contributed to Sir John Gillen’s review victims can play a key role in this. I want to be sure every victim of improvements. Examples of into how the criminal justice system in sexual assault is oered the support of an ISVA. This service is good practice must therefore Northern Ireland deals with serious sexual over-stretched. We must be sure it is resourced and available to demonstrate the application of offence cases. In his excellent interim review, all who need it. one or more of these principles. he recommended a large-scale publicity Another concern is defence barristers cross-examining victims My team and I have also started campaign and training for juries. This is a first on their previous sexual history. The barrister is required to make a to frame my reviews, speeches step. A third of people in Britain think it isn’t “section 41” application for permission to question a victim on previous and presentations around these rape if a woman is pressured into having sex sexual history. When this is being discussed at a directions hearing, the principles. but there is no physical violence. This myth defence is present and the barrister for the Crown. But there is no-one needs to be challenged. representing the person most directly aected by the application – the Creating a centre I look forward to seeing our own victim. How can this be justice? of excellence government’s review on this, led by Professor I want victims to be oered free legal advice and representation in However, developing a centre Cheryl Thomas, who is currently considering the event of a section 41 application being made. Although it is for the of excellence is not just about these issues. Her research is looking at the judge to make the final decision, it must be right that the victim’s voice promoting innovative work on the impact of myths and the development of is heard. ground. I’ve listed below just some future training and guidance for jurors. of the day to day work we were

42 2018/19 Annual Report Victims’ Commissioner for England and Wales 43 1:16

VC’s View Supporting Victims of Domestic Abuse

INTIMATE VIOLENCE IS ESTIMATED TO COST THE COUNTRY

HEARING FROM victims and survivors to come forward and seek help. This is a Special Measures of domestic abuse, and those experts who colossal step for victims in a coercive and/or The Government published their draft support them, has been an important part a violent relationship. It takes tremendous Domestic Abuse Bill in January 2019. of my work over the past year. courage. But when it does happen, it is such There is much in it to be positive about; When I responded to the Government’s a formidable turning point in the victim’s Domestic Abuse Protection Orders; a ban consultation, ‘Transforming the Response recovery. We must therefore ensure that on offenders cross-examining their abused to Domestic Abuse’, last May, it was these what is available to victims, when they are partner in the family courts; an automatic £23 victim voices I was determined to reflect. their most vulnerable, is “world class” support presumption that the victim be eligible for billion The recurring themes I heard were that properly funded by the state. special measures in court; and a recognition we must be looking at a truly cross- The very first priority must be to make sure of the previously hidden number of male government response and must not just be they feel protected from the first moment victims of domestic abuse. about legislation; we must be led by victims they take the brave step of reporting. Some to ensure a trauma-led response; and a call of the victims and their support workers to end victim blaming. have raised the issue of the use of police bail. Domestic abuse has devastating They told me police officers say they cannot Domestic abuse However, we should and must go further. box, yet has no jurisdiction in civil courts. I My top three calls to action are: impacts which reverberates not just within use bail any more, resulting in cases where see the problem as two-fold; that the victim At the time of writing we are families, but across society as a whole. In perpetrators are being questioned and then has devastating • Presumption of shared parenting to be has no support or support from an unfamiliar waiting to hear who will be the pure monetary terms, intimate violence released unconditionally. Some are back on reversed where one parent has a conviction individual in civil courts; and that there is a Government’s first Designate is estimated to cost the country £23 the doorstep as soon as they leave the police impacts which complete breakdown in continuity of care for for domestic abuse. This reversal does not Commissioner for Domestic billion a year, which includes costs to the station. mean that no parent with a conviction can that victim. Abuse. Having a commissioner state, economic costs and the human and Victims are often reluctant to report reverberate ever participate in the parenting of their child. to work specifically with emotional costs borne by the individual abuse because they are not confident the But it does mean in making such a decision, • High-risk offenders with a conviction to be not just within victims of domestic abuse and victim. authorities can protect them from the the court has a different starting position. The placed on a Domestic Abuse Register, much champion their needs will be perpetrator. When this happens, it not only wishes of the child will of course be taken into like the existing register of sex offenders. The families but a major turning point in how Human Toll places victims at risk, but does untold damage account, but against a backdrop of informed perpetrator will be required to report any new this country tackles this crime. But it is this human and emotional toll to victims’ confidence in the police. across society risk assessment given the domestic abuse change of address or change in relationship which drives me to press for change. We I am aware of the debate between the setting, and not on the needs of a convicted status and any breach will potentially attract I only hope the strong statutory know that domestic abuse is hugely Government and the police on this issue. I as a whole parent. a custodial sentence. This will rely on judicial powers given to the Domestic under -reported, with only 20% of victims am not interested in the politics. I want to be judgement as to the future risk posed by Abuse Commissioner will now feeling able to report their abuse, so sure no victim is being placed at risk because • DVAs be given equal access to both an offender and so whether to order the be a orded to my successor as any statistics quoted about the impact frontline staff are unsure when bail can be family and criminal courts to provide perpetrator to be placed on the register. It will Victims’ Commissioner, so that of this dreadful crime are most likely used. And I want victims to be confident that victims with continuity of care and support. enable the police, across force boundaries, to victims of all crime are given an I STOCK underestimating the problem. if they pick up the phone and report abuse to It is a complete anomaly that an IDVA can be alert to high-risk perpetrators in their area equally robust voice. The real challenge is to ensure all victims the police, they will always be protected. For support the victim through the criminal court, and, importantly, will then have a duty to share of domestic abuse have the confidence me, this is a pressing priority. including sitting with them in the witness this information with potential victims. ILLUSTRATION: ILLUSTRATION:

44 2018/19 Annual Report Victims’ Commissioner for England and Wales 45 1:17

to consider this and raise their tolerance engaging with them is not the answer. VC’s View threshold. Current guidance only goes as far as Mental health may be the cause. But saying that “consideration should be given” expecting victims to suffer in the way that I to allowing the victim to attend. This is like have described is not the solution. It is not an wording from a bygone age. We have victims Anti-Social Behaviour excuse to shrug shoulders and walk away. We standing up in court and reading out the must remember ASB can cause mental and victim personal statement. They attend parole As Victims’ Commissioner I’ve met many victims of anti-social behaviour, or ASB. Data on physical health issues for victims too. That is hearings to do the same. They can challenge not a price anyone should be expected to pay police and CPS on charging decisions. And my correspondence from victims shows that ASB is the biggest single issue in order to meet the needs of the perpetrator. yet, if they are a victim of ASB, they have no automatic entitlement to attend and explain Community Trigger the harm being done. least with a burglary, once it is done it is done This approach means police and others Legislation in 2012 set up a formal resolution and you can get on with your life.” can be slow to acknowledge that a wrong is process - the community trigger. This was Transparency being done to a victim. One family of victims I never going to be the silver bullet, but it did We also need to review the transparency in Nature of ASB met, had been through hell with an aggressive offer a practical means of getting a problem Community trigger procedures. They are With all this in mind, I find it infuriating and partner of a next-door neighbour. After several sorted out. often run or chaired by the local council or disrespectful to hear ASB referred to as “low months and many call-outs, a young PSO Yet there is a worrying lack of awareness another relevant agency, giving victims the level crime”. That description illustrates how spoke to the perpetrator and got a volley of of the Community Trigger amongst victims, impression of agencies marking their own ASB is often treated as a series of isolated abuse. When he came back to the family he police, Local Authorities and housing homework. I am sure community trigger incidents, rather than taking into account the said: “He is not a nice character.” This simple associations. meetings are rigorous and fair, but it is cumulative effect on its victims. statement was the first acknowledgement this Victims report not being told about the essential they are perceived as such. Even the expression “anti-social behaviour” couple received that they were being wronged. Community Trigger by the authorities And finally, if a victim is not content with woefully plays down the impact of the crime. and only find out about it for themselves an outcome of a community trigger meeting, What I am referring to, is better described Counter-allegations when roaming the internet, trying to work how can they challenge? Again, the guidance as “anti-social abuse”, a sustained barrage of In just about every long-running case I out what options are open to them. It is is vague. Police and Crime Commissioners bullying and harassment. have seen, eventually, there were counter- disappointing so many police forces, local can act as the final arbitrator in these allegations made by perpetrators in retaliation authorities, Police and Crime Commissioners, I find it infuriating circumstances, but I am aware that some Response of CJ agencies against victims seeking intervention. It is housing providers, make no reference to the refuse to do so, leaving victims with nowhere If you are a victim of ASB, where do you turn? almost inevitable that counter-claims will be community trigger on their websites. and disrespectful else to go. Is it a policing matter? Do you contact your forthcoming. And of course, the police must It seems no one in central government to hear ASB being In April 2019 I launched my final report WHEN I hear victims’ stories, I am social landlord? On some occasions, it can be act as honest brokers and investigate the monitors what is happening on the ground studying the support given to victims of ASB. often struck by similarities with my own the local authority. I meet victims who tell me counter claims. and how effectively this process is being referred to as It makes some hard-hitting recommendations. experiences. After all, my own introduction to all too often, they have been passed from one The sensitivity in which these investigations used. There is no requirement on agencies to ‘low level crime’ We as victims of this crime have suffered for the criminal justice system was in response to the other. are made is a sign of the quality of the collate data on what they are doing. There is too long. It is time for government to act. to trying to take action against anti-social I also hear reports of victims telling me handling of the dispute. Again, I have come no one to hold them to account. But then is behaviour in my local community. Action that that when their ASB cuts across more than across victims’ where the police response that surprising when the latest government led to the murder of my husband Garry. one agency, there is little evidence of joint to the counter-claims has been every bit as guidance on ‘Community Trigger’ was The families I speak to are law-abiding, working. And when challenged, of course it is devastating as the ongoing harassment. People released without fanfare on a Sunday which quietly getting on with their life, minding their all the fault of GDPR. who have never stepped foot in a police station also happened to be Christmas Eve. own business. Yet their experiences follows In part, the problem is that there is no one in their lives are called in and interviewed an all too familiar pattern of being bullied with a statutory responsibility to lead and under caution. Others feel they were being Victim Participation and intimidated to a point that destroys their coordinate agencies to ensure victims receive warned off from making further complaints. I despair when I hear about cases where a quality of life and well-being. a better service. This is cited by victims as adding insult to victim has battled to get a community trigger They describe the impact on their Often, I hear about persistent anti-social injury. Not only do they feel their complaints resolution meeting, only to be told they mental health, sleep patterns, ability to behaviour, with each incident treated in are not been taken seriously, but that they are cannot attend or be represented. How does function at work and strain it places on their isolation and not viewed as part of a pattern. disbelieved and having to fend for themselves. anyone think they can resolve a problem by relationships. Unlike most crime, it affects This means police or other agencies deal with shutting out the two parties involved? your day to day life, often within your own the immediate problem but are slow to work Mental Health Issues Yes, there may have to be parts of the home. with victims to find a permanent resolution. The perpetrator’s mental health issues meeting where one or both parties cannot As one woman, a victim of sustained ASB As a result, they fail to appreciate the are sometimes cited by agencies and local be present. But when residents are seeking from a next-door neighbour, told me, “ I would accumulative impact the persistent behaviour authorities as reasons for the behaviour. I engagement from local police and authorities rather be burgled than go through this. At is having on victims. am also hearing about victims who are asked to resolve a big problem in their life, dis-

46 2018/19 Annual Report Victims’ Commissioner for England and Wales 47 1:18 1:19

Glossary Office of the Victims’ Commissioner

Change That Lasts: Is a new strengths-based, needs, and ensure they receive care and Stalking Prevention Orders (SPOs): Will needs-led approach that supports domestic understanding. They’ll help you understand improve the safety of all stalking victims by Budget Report abuse survivors and their children to build how the justice process works, and explain giving police the authority to address the danger that perpetrators pose while they resilience, and leads to independence. what happens if you report to the police, and the importance and process of forensic DNA gather more evidence. Claire’s Law: The Domestic Violence Disclosure retrieval. By contacting them, you’re not Budget Out turn £ Scheme - known as Clare’s Law - is intended to Stalking Protection Bill: This Bill currently expected to report any offence to the police. provide information that could protect someone going through Parliament, will introduce from becoming a victim of attack. The initiative is Justice Select Committee (JSC): The JSC of Stalking Protection Orders (SPOs) to 18/19 total 500 495 named after Clare Wood, 36, who was murdered the UK is a select committee of the House improve the safety of stalking victims. Pay 472 479 of Commons which scrutinises the policy, by her ex-boyfriend in 2009. Victim Contact Scheme (VCS): The administration, and spending of the Ministry of Criminal Injuries Compensation Scheme (CICA): scheme is run by the National Probation Non-Pay 28 16 Justice. Is a Government-funded organisation created to Service. You’ll be invited to join the Victim Non-Pay Breakdown provide compensation for blameless victims of MacKenzie Friend: Helps a litigant in person in Contact Scheme if the offender has IT and Telecommunications 5 0 violent crime. a court of law in England and Wales. They don’t committed a violent or sexual crime and need to be legally qualifi ed. The crucial point is been sentenced to 12 months or more Criminal Justice System (CJS): The CJS Travel and Other 12 11 that unless there are exceptional circumstances, in prison. This could include receiving a comprises numerous agencies each responsible your McKenzie Friend can sit with you in hospital order under the Mental Health Printing, Postage and Offi ce Expenditure 2 5 to a Government department. The Ministry of Court and offer advice and support as well as Act. oversees the work of Other Expenditure 8 0 Justice HM Prisons and taking notes to help you. National Association (HMPPS), covering prison and Victim Hubs: Victim hubs offer emotional Probation Service for People Abused in Childhood (NAPAC): probation services; and . The support, information and practical help HM Courts Service Offers support to adult survivors of all types services which HMPPS are accountable for to victims and witnesses of crime to Budget Out turn £ of childhood abuse, including physical, sexual, include and help them cope and recover from their HM Prison Service National Probation emotional abuse or neglect. Service. The Home Offi ce has responsibility for experience. Parole Board (PB): Is an independent body that 17/18 total 496 475 the 43 police forces in England and Wales and the Victims’ Advocate: These are carries out risk assessments on prisoners to Attorney General has responsibility for the Crown professionals trained to support determine whether they can be safely released Pay 467 466 Prosecution Service. crime victims. Advocates offer victims into the community. Non-Pay 29 9 Domestic Abuse Consultation: This sets out the information, emotional support, and Government’s approach to dealing with domestic Police and Crime Commissioners (PCC): Every help fi nding resources and fi lling out Non-Pay Breakdown abuse. It seeks to address it at every stage from force area is represented by a PCC, except paperwork. Sometimes, advocates go to IT and Telecommunications 7 3 prevention through to rehabilitation. Greater Manchester and London, where PCC court with victims. responsibilities lie with the Mayor. The PCCs Frontline Practitioners: Professionals employed Victims’ Law: Victim’s Commissioner, Travel and Other 14 6 role is to be the voice of people and hold police across the public and charity sector to support Baroness Newlove, has long fought for Printing, Postage and Other 2 0 to account. PCCs aim to cut crime and deliver victims of abuse. They can comprise police, social a Victims’ Law that guarantees victims an effective, effi cient police service within their workers, health workers and victim organisations. legally enforceable rights within the justice Other Expenditure 6 0 area. system. They include a right to be informed Independent Domestic Violence Advisor Registered Intermediaries (RIs): Are used about court dates and decisions, a right to (IDVAs): The main purpose of independent in criminal proceedings to help vulnerable make a personal statement at trial and a domestic violence advisors is to address the witnesses communicate clear evidence to the right to be consulted on conditions of the safety of victims at high risk of harm from police and courts. They ensure that witnesses offender’s release or discharge. partners, ex-partners or family members to can understand questions and communicate secure their safety, and the safety of their Victim Personal Statement: A VPS gives their answers. children. Serving as a victim’s main point of you the opportunity to explain in your own contact, IDVAs normally work with their clients Restorative Justice: Brings those harmed by words the impact that the crime has had from the point of crisis to assess the scale of risk. crime or confl ict, and those responsible for the on you and your family. It will be taken into harm together, enabling everyone affected by a account by all criminal justice agencies Independent Sexual Violence Advisors (ISVAs): particular incident to play a part in repairing the involved in the case, including a judge. It An ISVA is trained to look after a victim’s harm and fi nding a positive way forward. can also play a key part in sentencing.

48 2018/19 Annual Report Victims’ Commissioner for England and Wales 49 Our people 1:201:21

Members of the Victims’Commissioner’s

Stephen Wooler CB retired in 2010 was announced as the newly appointed sexual violence, domestic abuse and fraud, and Advisory Group after a career spent in the criminal justice Victims’ Commissioner for England and the implementation and evaluation of victim- system. Posts included Assistant DPP, Wales. centred policies and legislation. Jacki is the Chief Crown Prosecutor and Deputy Independent Facilitator for the Wessex CPS Legal Secretary to the law Officers. His Andrew Bridges career in the Probation VAWG Scrutiny Panel. She is a member of the last position was as HM Chief Inspector Service from 1973 onwards, including Hampshire LCJB Victim and Witness Working 2018/19 of the Crown Prosecution Service where prison secondments, took him to Group and a Trustee for Aurora New Dawn, a he led joint CJS Inspectorate work on Leicestershire, Wiltshire, Gwent, and local domestic abuse, sexual violence, stalking the treatment of victims. Now in ‘active Berkshire, where he was Chief Probation and harassment charity. Lucy Jaffé is Director of Why me? Victims local mental health services. Julian is the Jan is Chair of School Governor’s, Chair of retirement’ his roles have included serving Officer from 1998-2001. He moved on to for Restorative Justice, the charity founder of the Hundred Families charity, Care of Police Survivors and a Trustee for a as an Assistant Parliamentary Boundary the Inspectorate, where he was HM Chief Maggie Hughes In 2008, Maggie Hughes’ established by a victim of crime to increase which supports and advocates for similarly West Kent Domestic Abuse Charity. Commissioner and consultancy work. He Inspector from 2004-11, since which he has son Robert became a victim of serious crime access to Restorative Justice for other bereaved families across the UK, and works currently serves on the Lord Chancellor’s undertaken work for other organisations abroad, an event that changed her family’s victims. Since her involvement, Why with the NHS and others to prevent further Kim Doyle is the Joint Chief Executive of Advisory Committee for Thames Valley such as G4S, Ingeus and Seetec. Andrew life forever. Trying to get any support, advice me? has increased in size and reach and avoidable tragedies. LimeCulture CIC, a national sexual violence and as independent board member for the was known as a national authority on or justice in the aftermath proved an uphill expanded its focus from campaigning and organisation based in the UK. For the last Legal Services Agency in Northern Ireland. increasing offender employment from battle. communications to include service delivery. Gabrielle Shaw has 30 years she has worked extensively in the In addition, he is a trustee of a charity 1995-2001, on Probation’s public The tragedy kickstarted Maggie’s campaign Lucy previously worked in marketing and led NAPAC as Chief field of sexual violence and child protection. providing services for the elderly and those protection role since 2004, and generally to highlight the pitfalls and loopholes families communications and was Sales & Marketing Executive Officer since Kim qualified as a barrister and joined the with learning disabilities. on how to “make Probation work” face when caught in the justice maze. After Director of a software company. She is one April 2015. She is a Crown Prosecution Service in 1986. She effectively in practice now. seven years pursuing justice, the four men of the founders and National Coordinator of senior INGO executive has worked closely with the police, health, Dame Vera Baird is who attacked her son leaving him disabled Reunite, the National Council for Abducted with over 12 years’ lawyers and other third sector agencies a former Police and Rory Geoghegan received a three-year suspended sentence Children. She is an active member of leadership, policy, working to improve the standard of rape Crime Commissioner for is Head of Criminal in 2015. Forest School Camps, which takes children programme development and strategic and child abuse investigations and Northumbria. She serves Justice at the Centre on educational holidays. She is currently decision-making achievements across prosecutions across the UK. She was in several voluntary for Social Justice. Jasvinder Sanghera is trustee on the Criminal Justice Alliance, charity, government and statutory sectors. instrumental in the development of the roles as an Honorary Rory has previously a survivor of a forced and was a trustee of the Women’s Resource Gabrielle’s experience includes heading up children’s service at St Mary’s SARC in Doctor of Civil Law at worked in strategy marriage and founder Centre for six years. the external affairs and research work of Manchester following research work in the Northumbria University, Visiting Professor at PwC and started of Karma Nirvana. She the global charity World Animal Protection USA and played a key role in developing the of Legal Practice at Newcastle University, working on criminal justice while at the is a highly acclaimed Fiona McKay is an to strengthen its campaigning on issues response to sexual violence by the Crown Visiting Law Professor at London South Institute for Government. His criminal international speaker and international human such as disease control and negotiations on Prosecution Service. Bank University, Visiting Law Lecturer at justice policy experience is blended with an expert advisor to the rights lawyer with a SDGs; and leading on international relations Teesside University and as an Honorary frontline practice, spending five years as courts. Her memoir ‘Shame’ was a Times Top specialisation in the role and external affairs for CEOP, the agency Rachel Griffin joined Fellow of St Hilda’s College, Oxford and a police officer working across response, 10 Bestseller. Prime Minister David Cameron of victims in criminal now based within the NCA and focused on Suzy Lamplugh Trust Durham University Law School. neighbourhoods and gangs in the stated that her work ‘turned my head on the proceedings for war combating child exploitation and abuse. from Victim Support Dame Vera was Labour Member of Metropolitan Police. issue of forced marriage’. Her work was pivotal crimes and crimes where she managed Parliament for Redcar from 2001-2010, a to the creation Forced Marriage Act 2014. against humanity. After 11 years at the Jan Berry is a former Chair of the Police projects and policy Government Minister from 2006–2010. Dr Jacki Tapley is a Awards include Woman of the Year International Criminal Court in The Hague, Federation of England & Wales. She joined relating to domestic As Solicitor General for England and Wales Principal Lecturer 2007, Honorary Doctor of the University operationalising the Court’s innovative Kent as a Cadet and retired 37 years later as violence, police and from 2007 to 2010 she was involved in Victimology of Derby in 2008, Pride of Britain award provisions on victim participation and a Chief Inspector. Jan introduced Juvenile crime commissioners and partnership in criminal justice policy and legislation, and Criminology 2009, Cosmopolitan Ultimate Woman of reparation, she is now at the Open Society Liaison Bureaux and Rape Victim Suites in working. Previously she was at Voice for especially on gender and equality policies. at the Institute of the Year in 2010, listed in the Guardian’s top Justice Initiative in London. Kent and launched the Crime Prevention the Child in Care, where she established the In 2017 she was appointed Dame Criminal Justice 100 Most Inspirational Women in the World initiative “Secured by Design”. Awarded the Alliance for Child-centred Care. Commander of the Order of the British Studies, University of 2011, Commander of the British Empire in Julian Hendy is an award-winning QPM in 2006. Following retirement Jan Before going into policy and development, Empire (DBE) for services to women and Portsmouth. Prior to this, Jacki worked as a 2013, Legal Campaigner of the Year in 2014, documentary filmmaker. In 2007 his was appointed by the Home Secretary to Rachel was a fundraiser, first at the National equality. She is the only honorary woman Probation Officer in Dorset. Her teaching Robbie Burns Humanitarian Award in 2019, father was murdered for no reason by cut bureaucracy across government and Deaf Children’s Society and then at The member of the Durham Miners’ Association and research focuses on victims of crime, Sikh Woman of Substance Award in 2019 a psychotic man he had never met or policing and continues to advise on reducing Prince’s Trust. She is a former trustee of and a Patron of the charities RESPECT and vulnerable victims, and professional cultures and Honorary Doctor of Law, De Montfort spoken to before, who was well known to bureaucracy in the criminal justice system. Prisoners’ Education Trust. Operation Encompass. In May 2019, she in criminal justice, specialising in victims of University in 2018.

50 2018/19 Annual Report Victims’ Commissioner for England and Wales 51 2018/19 Annual Report

Victims’ Commissioner for England and Wales