Victims and Prisoners Bill

Supplementary written evidence submitted by Tim Suter, solicitor, Manchester Arena Inquiry and Hillsborough Inquest (VPB38)

Thank you for the opportunity to give evidence to the Committee.  There were a few points that I intended to mention but we ran out of time so I have set them out in this email.

 

· As well as there being an Office of the IPA and a standing / Chief IPA there may be value in ensuring the functions in Clause 27 are not simply reactive, but that also there is scope for the Office of the IPA to provide and engage with public authorities before a disaster happens.  This will ensure that on the day of a major incident the IPA knows how best to fulfil their role, who to contact and how best to advocate for victims.  On a practical basis, I think it will be hard for the IPA to be as effective if they are making a standing start.  One way to achieve this may be to designate the Office of the IPA as a Category 2 responder in the Civil Contingencies Act 2004 so it has the opportunity to participate in resilience planning and ensure it is part of national / local preparedness plans.

 

· In Clause 27(1)(a) there is reference to the IPA helping with the aftermath of the incident.  This may not be a matter for the Bill but I think it is important to understand that the role of the IPA is likely to require engagement with and on behalf of victims in the short, medium and long term not just the 'aftermath' which may have a rather short-term meaning.  Some of the areas I noted where the IPA may need to provide this phased support are listed below.  There is an helpful report by Dr Anne Ayres, which I believe was published by the Cabinet Office some years ago, which provides more details on the need for a phased response.  These may be points to develop in guidance. 

 

Short term -

 

· Access to family liaison officers;

· Proactive outreach and support to identify victims and put them in touch with each other and key services;

· Access to helplines;

· Access to health services;

· Access to translators / interpreters;

· Helping to protecting privacy and confidentiality, including engagement with IPSO

 

Medium / long term (perhaps the most crucial after the glare of publicity and the flow of public funding has diminished):–

 

· Ongoing provision of information;

· Bereavement counselling;

· Psychological support;

· Access to support groups (e.g. Disaster Action);

· Access to financial services, benefits and disaster funds;

· Return of personal effects, DVI process and histology;

· site visit

· memorialisation

 

· The definition of 'victim' and the 'harm' they have suffered is not consistent and may be worth a closer review.  In Clause 24(7) (a) a victim is someone who been 'harmed' (whether or not that is serious harm).  In Clause 24(7)(b) it is further defined as a close family or close friends of individuals who have died or suffered 'serious harm'.  This seems to require a higher level of harm for those who are likely to be more directly affected by the incident.  It may be helpful to consider more generally how wide the definition of 'victim' is intended to be.  I think it could, at the moment, be interpreted very broadly and include not just those present at a major incident and affected by it but also those who watch / hear about it.

 

· I do not think that the role of the IPA should be to establish an ad-hoc inquiry into a major disaster.  I think that risks duplicating the role of the Secretary of State to establish a statutory inquiry and the role of an inquest.   There is a legal risk that this would make the IPA a 'decision-maker' whose decisions, e.g. not to establish an inquiry, would be susceptible to judicial review.  I think that would confuse the role of the IPA, risk alienating the victims they are intended to support and is best avoided.

 

· I anticipate that there is a lot of international experience of supporting victims.  The NZ Royal Commission into the March 2019 attack in Christchurch made a recommendation ( 4. Recommendations to support the ongoing recovery needs of affected whanau, survivors and witnesses | Royal Commission of Inquiry into the Attack on Christchurch Mosques on 15 March 2019 ) for the creation of a 'Collective Impact Network'.  I do not know a lot of detail about this but it may be worth exploring.  There may be benefit in the IPA fulfilling a function to collate this international learning and UK-wide experience to ensure best practice in support victims of major incidents in England and Wales.  The Office of the IPA may wish to be supported by a panel of expert advisers to provide guidance on different areas / issues.

 

I hope that these further points are helpful and I would be happy to assist the Committee with any further assistance that it may need in its scrutiny of this important Bill.

June 2023