Suzanne Tanner makes FIFTY recommendations for improvement
The findings of an independent review into the whistleblowing and wider organisational culture at the City of Edinburgh Council have been published.
The review was commissioned by councillors in October 2020, with Susanne Tanner QC appointed as independent chair. As with the inquiry into the conduct of the late Sean Bell, published last month, she has been assisted throughout by well-respected law firm, Pinsent Masons.
In her report, which councillors will consider at a meeting next Thursday (16 December), Ms Tanner QC highlights ‘considerable strides’ taken to improve the Council’s whistleblowing and organisational culture since 2014 but also finds that significant work remains to be done, setting out 50 recommendations for further improvements and positive change.
If accepted by councillors next week, Ms Tanner QC’s findings will form the basis of an action plan to be drawn up by the Chief Executive for consideration by councillors in February 2022.
The fifty recommendations are:
Chief Executive Andrew Kerr said: “I want to thank all those who took the time to contribute to the independent review. I know that, for some, this will have been extremely challenging, based on what they have been through, and I want to pay tribute to their courage in coming forward.
“I also want to thank Ms Tanner QC and the team at Pinsent Masons for their forensic approach to their work and the sensitivity and care with which they treated contributors.”
Council Leader Cllr Adam McVey said: “We owe it to our colleagues and to the public to continue to drive improvements and make sure the culture of the Council is the best it possibly can be.
“I’m grateful to the independent review team for outlining points that need further work and for setting out strong and thorough recommendations on how to sustain the positive path the Council is on. The report highlights the significant progress and improvements made to the Council’s whistleblowing culture in recent years and this should give all of us encouragement that further improvement can be achieved.
“It will take a lot of work to implement these independent, robust and constructive recommendations, but I’m confident these will be adopted in full by Councillors and delivered by the Chief Executive and wider management team to make sure the Council is in the very best position it can be to support our colleagues and deliver the best services for the people of Edinburgh.”
Depute Leader Cllr Cammy Day said: “It was crucial that our colleagues – both past and present – and others with a connection to the Council, felt empowered to come forward and share their views and we went to great lengths to ensure they were aware of the process and how to get involved.
“This resulted in a greater than expected response to Ms Tanner’s call for evidence and, ultimately, supported what is a detailed and thorough examination of our culture.
“We will now carefully consider the findings and recommendations and agree an action plan for how best to take these forward.”
A cross-justice Review Group has recommended that a new, national specialist Court with trauma-informed procedures be created to deal with serious sexual offence cases.
As part of a wide ranging Review into the prosecution of sexual offences, the Group made extensive recommendations, most of which can be considered on a standalone basis. In addition to the specialist Court these include the presumed use of pre-recorded evidence; measures to improve the current experience of complainers with a particular focus on improved communication; steps to enhance jury involvement; and improvements to aspects of the Children’s Hearings System.
The Review Group was tasked principally with improving the experience of complainers in sexual offence cases within the Scottish court system, without compromising the rights of the accused. The recommendations will now be considered by the Lord Justice General, Lord Carloway.
Lady Dorrian said: “The wide ranging review was prompted in particular by the growth in volume and complexity of sexual offending cases affecting all sections of the criminal justice system. We have made recommendations which we believe will fundamentally change and improve the way sexual offences are prosecuted in Scotland.
“I am grateful to the Review Group, and to all those who contributed to its work, for their commitment and openness, and for the ‘clean sheet approach’ members adopted in undertaking this task, which has enabled a full scope of recommendations to be made for the consideration of the Lord Justice General.”
Recommendations – Summary
Specialist Court
A new, national specialist sexual offences Court would be created for serious cases (on indictment) in which trauma-informed practices and procedures were adopted and where those involved in the proceedings were trauma-informed, including support staff. Trauma-informed training for prosecutors and defence agents would include accredited courses in dealing with vulnerable witnesses and the use of examination techniques.
The cases would be presided over by a combination of High Court judges and sheriffs who had received trauma-informed training in best practice in the presentation of evidence of vulnerable witnesses. The Court would have sentencing powers of up to 10 years imprisonment with a provision for remit to the High Court for sentencing higher than that if required.
The presumption would be for the evidence given by the complainer to be pre-recorded.
Presumption of Pre-recorded Evidence
Evidence from complainers in serious sexual offence cases would be recorded by specially trained police officers as early as possible after an alleged incident. Additional evidence, including questioning on behalf of the accused, would also be recorded at the earliest possible opportunity following discussion at judicially lead management hearings. The recordings would, subject to court approval, be used in court as the complainer’s evidence reducing the need for the complainer to appear.
Improving complainers’ experiences
There would be a focus by all parties in the criminal justice sector on improving communication with complainers on basic concepts and the processes and procedures involved from the reporting of an allegation to its progression to trial.
One additional means of implementing this would be via the introduction of a single, trauma-informed point of contact who would provide specific information relevant to the particular case throughout the justice process.
A new Charter for complainers would be created setting out standards and values adopted by key criminal justice agencies. This would lay down the way in which complainers could expect to be treated, the information to which they were entitled, and how they would be communicated with. Complainers would also have access to publically funded, independent legal representation in order to oppose applications made to ask questions about their previous sexual history during evidence (known as a section 275 application).
The right for a complainer in proceedings not to be identified in the media would be expressly set out in legislation rather than relying upon current convention and agreement.
Improving efficiency
Improvements to the efficiency and conduct of proceedings would also be progressed by fixing targets to reduce the time from when an incident is reported to the conclusion of proceedings; early identification of prosecutors; and strengthening the requirement to lodge a meaningful indication of the accused’s position (defence statement).
Juries
There would be more focus on plain language directions given to the jury by the judge, and assistance in explaining the process of how they should go about making their decision (their route to verdict). Other steps to enhance the quality of jury involvement in trials would include the development of a pilot programme to communicate information to juries regarding certain rape myths and stereotypes.
Time-limited Pilot
The Group suggested that further consideration could be given to the possibility of developing a time-limited pilot of single judge, rape trials to fully assess and fully consider their effectiveness and how they are perceived by complainers, accused and lawyers from a practical perspective.
Children’s Hearings System
Separate recommendations in relation to the Children’s Hearings System and court proceedings in relation to sexual offences, were made taking into account their unique nature.
They include a focus on the adoption of trauma-informed practice; the nationwide rollout of training for specialist recorded interviewing of children and further progression of recommendations made in the Evidence and Procedure Review; the greater use of case management powers; and improving communication to complainers on what is involved in such proceedings, particularly the limits on the information that can be shared and the reasons for that.
Crown Agent David Harvie said: “The introduction of a specialist sexual offences court would be an important step towards meaningful improvement in the delivery of justice in Scotland, for complainers, for accused, for society as a whole and is one that I fully support.”
Chief Executive of Rape Crisis Scotland Sandy Brindley: “All too often survivors tell us that the process of seeking justice – and in particular their experience in court – is as least as traumatic as the attack(s) itself. It is clear that significant action is needed.
“The report of the Review Group, chaired by Lady Dorrian, is important and necessary. The recommendations are bold, evidence based, and have the potential to transform Scotland’s response to sexual crime. This is a unique opportunity for Scotland to lead the way internationally in improving access to justice for people who have experienced sexual crime.”
Dr Marsha Scott, Chief Executive of Scottish Women’s Aid, said: “Improving court experiences for survivors of sexual violence is vital in improving their access to justice, and in strengthening the overall response of the justice system to violence against women and children.
We welcome the publication of this Review, and believe that the recommendations it makes reflect the gap between the promise of justice and the lived experience of survivors who so often feel re-victimised and let down by court processes.
“This review is a helpful starting point and we will continue to work with colleagues across the justice system to further improve the court experiences of survivors of sexual violence, particularly child survivors who we would like to see further protections for.”
Kate Wallace, Chief Executive of Victim Support Scotland, said: “People who have gone through some of the most serious crime need reassurance that their contact with the justice system will not cause them further harm.
“It’s important that all agencies involved in supporting people in the aftermath of crime are sensitive to the needs of these people. Trauma-informed practice must become part of the DNA of Scotland’s justice system – from the introduction of a new specialist court, showing commitment to allowing pre-recording evidence, through to improving communication before, during and after a trial.
“We know only too well from our experience of supporting people after crime, the emotional, psychological and financial impact this can have on them. The recommendations as put forward from the cross-justice Review Group are an important step forward for transforming justice in Scotland to allow us to better meet the needs of victims, witnesses and families. We now need commitment from all involved to ensure that the recommendations are carried forward.”
Detective Chief Superintendent Samantha McCluskey, of Police Scotland, said: “The nature of rape and other serious sexual offences present considerable evidential challenges. Investigations must be rigorous and thorough to ensure the best evidence available is secured. Victims must have the confidence that their complaint will be taken seriously and professionally.
“We acknowledge the recommendations from the Review Group chaired by the Lord Justice Clerk, in particular the manner in which our specialist officers record statements made by complainers in cases of serious sexual offences.
“We are acutely aware of how difficult it can be to report sexual crime and we are continually working with partners on ways to improve the police response to reports of rape and sexual crime. We are also fully supportive of wider measures that will improve the experience of victims and survivors of sexual crime throughout the criminal justice process.”
Amanda Millar, President of the Law Society of Scotland, said: “This has been a very important piece of work involving representatives from across the justice system. We would support meaningful improvement for complainers and witnesses involved in sexual offence cases that ensure the rights of an accused person are preserved.
“Solicitors work with those accused and those who are victims of crime. Providing greater access to legal advice for complainers would help to ensure they can get the right legal advice and support in bringing forward cases which are by their very nature, highly sensitive and distressing.
“We would also support introducing a trauma-informed approach and provision of additional training for the professionals involved in these cases. Following on from recent research into how juries make decisions, the recommendation to address some of the myths that surround rape and sexual offences would offer information and insight for jury members.
“We have previously expressed significant reservations about such cases being heard by a single judge without a jury, which was proposed as a means to deal with the backlog of court cases caused by the Covid-19 pandemic. These concerns remain. It will be essential to consider all the implications if any pilot is to go ahead, with outcomes examined carefully along with other important areas of potential reform that impact on the scrutiny of evidence.
“We will examine the report’s recommendations in detail and continue our engagement to ensure that any proposals would work in practice and that we have a fair and transparent justice system that upholds the rule of law and operates in the interests of justice.”
Review Group
The cross-justice Review Group includes representatives from the judiciary, the SCTS, the Crown Office and Procurator Fiscal Service, the Faculty of Advocates, the Law Society of Scotland, Police Scotland, representatives from the Scottish Children’s Reporter’s Administration, the Scottish Government, the Scottish Legal Aid Board and third sector organisations including Rape Crisis Scotland, Scottish Women’s Aid and Victim Support Scotland.
Pre-recorded Evidence
The Review Group’s recommendations are in furtherance to the recommendations of the judicially lead Evidence and Procedure Review.
“… by such means as the Trustees may from time to time select as the best fitted from age to age, remembering that new needs are constantly arising”, or “how to solve a problem like improving wellbeing?”
Along with his substantial endowment, Andrew Carnegie left his UK and Ireland Trustees an obligation to undertake regular reviews of the most effective means of securing his mission to improve wellbeing (writes Carnegie UK Trust Chief Executive SARAH DAVIDSON).
This has translated over time into quinquennial strategy reviews and the subsequent production of 5-year strategy documents. Those of you who follow our work may have spotted that the most recent one (2016-2020) expired at midnight on 31st December. So, what’s next for the Carnegie UK Trust?
For an organisation whose entire purpose is focussed on the improvement of wellbeing, the past decade has been a remarkably fertile one in public policy terms. Across the world, as well as here in the UK, the concept of “societal wellbeing” – everyone having what they need to live well now and in the future – has gathered momentum. The Trust has been at the heart of that debate, bringing accumulated expertise to policy and practice and adding to our own understanding as we went along.
It has been an incredibly busy period, no more so than in the last few years. In our work on digital futures; fulfilling work; enabling wellbeing; and flourishing towns we have ranged widely across the public policy landscape as well as the actual geographies of our 5 jurisdictions. In doing so, we have enjoyed multiple collaborations and partnerships, developed a diverse playbook of approaches, and invested in the thinking and doing which we believed were necessary to stimulate positive change. It has been challenging and exhilarating and – at times – exhausting.
As we entered 2020, we knew that it was almost time to draw breath, to look back and to look forwards and to take stock, as Andrew Carnegie asked us to. And then came the pandemic, and the year that was to have been one of review and reflection became the year when we doubled down on the insights and learning we had gained throughout the strategy period and brought them to bear on the greatest challenge to individual, community and societal wellbeing of our lifetimes.
However, we quickly discovered that 2020’s clarity of focus on questions of wellbeing actually acted as a stimulus to our strategy review, rather than a distraction. We added to our existing evidence base about what influences wellbeing, and we worked alongside partners old and new to understand how Covid-19 was affecting communities across the UK and Ireland.
At the same time, the experience of remote working during a pandemic encouraged us to reflect on ourselves. What is our identity as an organisation when we are not working together in our familiar building in Dunfermline? What does it mean to work across the UK and Ireland when you never leave your home? Faced with immense challenges to public policy and practice, how can a team of 16 FTE reasonably make an impact, and what does “impact” mean anyway, in our business?
In the course of last year, we started to address some of these questions, drawing on the extensive experience and insights of our own team and Board of Trustees, as well as undertaking a thorough stakeholder survey carried out on our behalf by The Diffley Partnership.
We heard some very encouraging and positive things during this process.
People who engaged with our work in 2016-2020 said that they regarded our activities as relevant and influential. We have strong relationships and active networks across all the jurisdictions where we operate, and across sectors, allowing us to fulfil a valuable convening function.
The quality of our work, our approach to partnerships and our varied menu of ways of working are all perceived as strengths, as are my colleagues who are highly valued by all who engage with them. As the Trust’s still-relatively-new CEO I am privileged to enjoy the reflected glory of much of that feedback.
However, a period of reflection and review is most useful when it sharpens your ambition and signals future opportunities. So, while we are proud of the work that we have done over the past decade in order to improve wellbeing, we also recognise that in this rapidly changing world we must evolve our approach to build on the work we have done to date and become even more effective in pursuit of Andrew Carnegie’s mission.
This is what we are working on as we enter 2021.
We are exploring how to strengthen the focus on our USP, which is wellbeing. As part of this, we want to invest more consciously in our ongoing learning as an organisation (both at a governance and an operational level), and we intend to become much more explicit about our values and how they shape us and our work.
We need to revisit the sheer volume of activity that we undertake and reflect on the trade-offs between individual busyness and the overall depth, quality, and impact of our output as a team.
We want to understand more fully how the work we do and the way that we present our evidence connects with those we seek to influence – or doesn’t. Does everyone understand what we mean when we talk about “wellbeing” and if not, how can we communicate that more effectively?
It’s also important for us to keep abreast of and emulate the very best practice in assessing impact in the complex world of social change. We are currently inviting expressions of interest from people interested in working with us on refreshing our brand, and also on a review of best practice on impact. If either of these falls into your area of expertise, we’d be keen to hear from you.
At the same time, we are continuing to assess our own ongoing development as an organisation.
In common with many others in our sector, the events of summer 2020 added further urgency to the challenge we had already set ourselves to examine our policy and practice on Diversity, Equity and Inclusion.
We’ve started some important conversations, but we have much more still to do here. We were already auditing our environmental practice a year ago, but an 11-month period without travel has shown us what is really possible with the aid of technology and the goodwill of partners.
The realities of lockdown created opportunities for team members to step into new spaces, take on additional responsibilities and demonstrate the power of collective leadership. Our Organisational Development strategy will be founded on our strengthened belief in the capacity and desire of individuals, teams, and the organisation as a whole to learn and grow.
So, that’s what we are up to here at the Trust, while at the same time making sure that we bring any remaining work under the 2016-20 strategy to a positive conclusion. The next six months will be the time when we lay down the critical foundations for successful delivery in the years ahead.
We expect to publish our 2021-2026 strategy in the summer, along with the accompanying operating plan. Between then and now, we will go on sharing updates on how our review is going. We are always keen to learn from others, so if you have experience and learning to share, please don’t hesitate to get in touch.
An independent review is to consider the idea of a national care service.
The review, a Programme for Government commitment, will aim to ensure Scotland provides consistently excellent support for people who use these services, as well as their carers and their families.
It will be chaired by Derek Feeley, former director general of Health and Social Care in the Scottish Government, and will report by January 2021.
Adult social care comprises a wide array of services and non-clinical support in a range of settings, involving care homes, care at home, day services, and community support for people with a range of needs.
Social care supports more than 200,000 people across Scotland – those with disabilities, older people, people with mental health problems and those with drug and alcohol problems.
The review will take into account the experiences of those supported by, and who work, in social care, as well as looking at funding, governance, administration and delivery.
The review will consider the needs, rights and preferences of people who use services, their families, and their carers.
Health Secretary Jeane Freeman said: “This will be a wide ranging review of all aspects of a service which supports and involves so many people across Scotland. I am looking forward to recommendations that help ensure high standards of service and support into the future.
“This independent review will examine how adult social care can be most effectively reformed to deliver a national approach to care and support services – and this will include consideration of a national care service.
“It will also build upon our existing commitments to improving provision – long standing issues in adult social care have been thrown into sharp relief during the pandemic, and they demand our attention.
“We owe it to those who use and work in adult social care services to acknowledge these challenges, to learn from them, and to consider carefully how we can most effective plan for the future.”
The chair of the review Derek Feeley, a former director general of Health and Social Care in the Scottish Government, is also a former Chief Executive of NHS Scotland and former Chief Executive and President of the Institute for Healthcare Improvement.
Derek Feeley said: “I am grateful to the Health Secretary for the invitation to chair this independent review and to the advisory panel for agreeing to bring their considerable expertise to our work to recommend improvements to adult social care in Scotland.
“I look forward to views of everyone involved in our social care system and, in particular, to hearing from service users about what it will take for us to better meet their needs, rights and preferences.
“We have a broad remit that touches on every part of the social care landscape; from the experience of those using and working in the system to how it should be funded and regulated. We will look at every option and opportunity to bring about the improvements that I know everyone working in the system aspires to achieve.”
The panel of experts for the review includes: Malcolm Chisholm, former Scottish Minister for Health and Community Care, Anna Dixon, chief executive of the Centre for Better Ageing, Caroline Gardner, Auditor General 2012-2020, Councillor Stuart Currie, Ian Welsh, chief executive of the Health and Social Care Alliance and Göran Henriks, Chief Executive of Learning and Innovation in Jönköping, Sweden.
The possible remit and structure of a potential national care service has not yet been set out. It could cover a range of organisational, funding and delivery options, which will be for the independent review to consider.
The review will also consider previous and ongoing work, including:
the programme for social care reform currently being taken forward by the Scottish Government and COSLA
progress with integration of health and social care in Scotland, including the outcomes of the recent review undertaken by the Scottish Government and COSLA
work undertaken by the Care Inspectorate to consider opportunities for improving adult social care provision
work undertaken by wider partners including the third sector to understand people’s experience of care and support improvement
scrutiny by Audit Scotland of social care and progress with integrating health and social care
scrutiny by the Health and Sport Committee of the Scottish Parliament of reform of social care to date and progress with integrating health and social care
AM – Bubble Making Workshop with The Highland Joker (The Bubble Show)
AM – Kafka for Kids Workshop with The Kafkateers (Beetlemania!)
PM – Mime Workshop with Bric à Brac Theatre (Mustard Doesn’t Go with Girls)
PM – Rap / Spoken Word with Mark Grist (Down with the Poetry King)
WEDNESDAY 31st July
AM – Electronic Music Movement Workshop with The New Victorians (Rave + Behave)
AM – THEATRE TRIP: A Midsummer Night’s Dream by Rubbish Shakespeare Company
PM – Comedy Animal Acting Workshop with Goblin (Hey Diddle Diddle)
PM – Shakespeare Comedy Acting with the Rubbish Shakespeare Company
THURSDAY 1st August
AM – Word and Story Workshop with Dan Serridge Storyteller (Feast of Fools)
AM – THEATRE TRIP: Mustard Doesn’t Go wtih Girls by Bric a Brac Theatre
PM – Singing Workshop with Nonsenseroom Productions (Shark in the Park)
PM – Clowning Workshop with Stickyback Theatre (Sunshine)
FRIDAY 2nd August
AM – THEATRE TRIP: Games with James
PM – Storytelling Workshop with Flossy and Boo (Ned and the Whale)
PM – Circus Skills Workshop with Dummies Corp. (Splashtest Dummies)
PM – THEATRE TRIP + Meet & Greet with Cirque Berserk UK
AGES 11-16: AFTERNOONS (Seniors Class)
Monday 29th July + Tuesday 30th July
PM – Rehearsals
Wednesday 31st July
PM – Spy Comedy Acting Workshop with Paprichoo (Number, Please)
Thursday 1st August
PM – PERFORMANCE: Murder on the Dancefloor by Spies Like Us Theatre
PM – Physical Theatre Ensemble Workshop by Spies Like Us Theatre
FRIDAY 2nd August
PM – SHOWCASE PERFORMANCE – Royal Mile, Mercat Stage
The students will perform a short performance on the Mercat Stage of the Royal Mile as part of the Fringe Street Festival. This will take place at 3pm and will last approx 15-20 minutes.
Families will be invited along to meet us there (beside St Giles Cathedral).
Added to this our students will also be reviewing for Families Edinburgh Magazine as part of the Wee Reviewers team!
‘To investigate and report on the impact of policing on affected communities in Scotland during the period of the miners’ strike from March 1984 – March 1985’.
Scotland will lead the way in the UK in ensuring the experiences of those affected by the Miners’ Strike in the 1980s are properly understood, the Justice Secretary said yesterday. Michael Matheson has ordered an independent review into the impact of policing on communities during the Miners’ Strike, from March 1984 to March 1985.Continue reading At last, the truth: Independent review of policing during Miners’ Strike announced