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March 2009

What the changes to victims' rights mean for the NHS

Claire Bentley, member of the Government's Victims' Advisory Panel and associate solicitor at Bevan Brittan LLP. The rights of victims of unrestricted patients have now been extended. Claire Bentley explains the implications for NHS trusts.

Research on victims has found "almost universal frustration" with the criminal justice system, and a strong sense that the offender has been given more support and consideration than the victims and their families!. In recent years, there has been an increased and growing determination on the part of Government to endeavour to meet the needs of all victims and witnesses and to deliver a fairer, more transparent and responsive system. As from November 2008, health managers and practitioners have new duties in relation to victims of unrestricted patients.
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February 2009

Homicide Reviews - Six Key Aspects

A strong theme coming through from fatality review development in the USA is that it is critical to see these tragedies through the victims’ eyes. Until we do that as effectively as possible we may still design services based on a narrow perception of what our combined resources are capable of offering. This may not result in the provision of services all of which address need. Victim representation in homicide reviews can help us deduce which services are required to meet victim needs.

The Pemberton Homicide Review (PHR) included expert victim knowledge including that of Dr. Roxane Agnew-Davies who conducted the biggest ever study in the UK exploring the psychological impact of domestic violence on women. Expertise is also needed to help to bridge the gap between understanding the intervention opportunities that should be made and the choices and compromises being made by those being abused.

The PHR also benefited from family and friends who were able to offer the deceased individual’s insights, either directly through provision of the deceased’s records like diaries or indirectly through their interpretation. Critically, family and friends may hold information of which the agencies are unaware for example of contacts made with agencies for which there are no records. Family and friends are often the first to be exposed to risk but may not recognise it as risk something if which fixed offers an earlier opportunity for intervention. The Greater London Domestic Violence Project publish leaflets addressing this very issue a fact recorded in the PHR.

This is a key learning point supporting the conclusion of the Select Committee on Domestic Violence report June 2008 that government effort is disproportionately invested in the criminal justice response.

Having a broad outlook allows homicide reviews to tap into the networks in which those being abused are sharing information. For example, religious ministers, employers and other community members may hear any number of individuals disclosing information that may be deemed high risk by those aware of risk factors.

Independence in homicide reviews is critical and there may be more than one way of achieving this. Simply speaking, the individuals conducting the review should have no interest in the outcome other than to pursue an open and thorough review which leads to greater safety of other individuals.

Government has indicated its willingness to provide services that help victims. Homicide Reviews should include behaviours and activities that may offer victims some assistance. This could simply be ensuring it is a positive and dignified experience or be more pro-active to include for example referrals and opportunities to share frustrations as well as experience.

In summary, six key aspects of homicide reviews are victim representation, expertise, family and friends involvement (there will be exceptions), a broad outlook, independence and a positive experience for the bereaved that may assist them afterwards.

Frank Mullane February 2009. Advocacy After Fatal Domestic Abuse
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January 2009

1 in 4 local authority areas have no support for women who experience violence - Commission to take legal action

1 in 4 local authority areas have no specialised violence against women support services, such as Rape Crisis Centre, refuges and domestic violence outreach projects or services for ethnic minority women.

This is the stark finding of the Map of Gaps 2 report by the End Violence Against Women Coalition.

Equality and Human Rights Commission is also making headline news.

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We are here to listen, inform, guide, advocate, enable

IN MEMORY OF JULIA & WILL PEMBERTON

Advocacy After Fatal Domestic Abuse

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to see what the changes to victims' rights mean to the NHS - 25-03-09

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Other articles are featured on the following links:

to go to the Equality and Human Rights Commission website.

For the BBC article

For The Guardian article

The Herald Scotland article

For Channel 4

to see the PDF of Map of Gaps 2

Click Here

"There are very few sexual violence services in our area and some women travel 70 miles each way to get support from us. This is simply unacceptable." Maggie Parks, Women's Rape and Sexual Abuse Centre, Cornwall

We think it's a scandal that women in some parts of Britain have to travel miles to get the support they need after violence. The Commission has threatened the worst local authorities with legal action under the Gender Equality Duty - a law that requires all public bodies to promote equality between women and men. EVAW and the Commission are calling for urgent action by national and local governments, health bodies and other relevant public bodies to ensure secure funding to end the postcode lottery.

Click here to download the report. Go to the interactive website at www.mapofgaps.org to view the maps and find out how your area is affected. Use the template letters to contact your parliamentary or assembly representative or local authority to demand better support for women! Ask your representative to pledge to take action by meeting the local authority, health authority or contacting the Minister to discuss the funding crisis.

Many thanks for supporting this important campaign. Together we can make a difference.

to listen to the Woman's Hour discussion with EVAW Chair, Professor Liz Kelly, EHRC Chair Trevor Phillips, Solicitor General Vera Baird QC MP and Constance McCulloch.

For more information about EVAW

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