CODE OF PRACTICE TO FACILITATE THE PROVISION OF THERAPEUTIC SUPPORT TO CHILD WITNESSES IN COURT PROCEEDINGS
DECISION MAKING
15 The police, procurator fiscal, children's reporter or anyone else working with the witness in all legal proceedings cannot decide whether or not a child receives therapeutic support prior to or during court proceedings.
16 The interests of the child should be the paramount consideration in decisions about the provision of therapeutic support prior to and during court proceedings. Whether a child should receive therapeutic support is a decision that should be made by the child (if the child is of sufficient age and understanding) and/or those responsible for the welfare of the child as well as the therapeutic support provider.
17 Prosecution policy, as set out in Chapter 16 of the Crown Office and Procurator Fiscal Service Book of Regulations, states:
"16.37 General approach to child witness cases
Many adults find the experience of giving evidence stressful but children are considered to be particularly vulnerable and may find the process very difficult. This vulnerability entitles every child witness to special consideration within the criminal justice system."
"16.52 Counselling
Where a child has been traumatised as a result of a criminal act, the provision of some form of counselling may be beneficial. Various different types of counselling can be provided by social workers, therapists, psychologists, etc. Decisions on the provision of counselling are the responsibility of the child's carers and the Procurator Fiscal does not have a locus other than to advise where appropriate on whether the proposed counselling is likely to have an adverse effect on any subsequent criminal proceedings, by for example "contaminating" the evidence or assisting the child to put the incident behind him, and to advise that the counsellor may be cited as a witness.
It is not anticipated that the Crown would generally wish to cite a counsellor, but the defence may wish to do so if they are suggesting that the witness has been coached. In such a case the precognition should include details of (a) the nature of the counselling, its purpose and its duration, and (b) the counsellor."
18 There may even be instances where therapeutic support is required during a lengthy court hearing as outlined in the case study below. 4
Case study: Provision of therapeutic support during the course of a lengthy proof
The Scottish Children's Reporter Administration encountered a situation where a 15-year-old girl, following disclosure of sexual abuse that led to children's hearing proceedings being taken, was admitted to a psychiatric hospital and subsequently to residential care with out-patient support from another local institution. The child required considerable therapeutic support.
During the course of the proof the child deteriorated emotionally partly as a consequence of court-related stress (in spite of considerable preparation and the presence in court of a supporter).
Whilst best practice would seek to ensure that proofs are not subject to repeated adjournments, on at least two occasions this case was adjourned precisely because of the child's difficulties in coping with the court appearances. Far from therapeutic support being withdrawn in these circumstances, it was required to assist the child back into court. In this particular case serious consideration was given to abandoning proceedings to protect the child's health; in the event the 15-year-old herself wished to proceed.
Referral and Assessment Procedures
19 A range of agencies and services provide therapeutic support for child witnesses, such as the NHS, social work services, educational services, voluntary organisations and individual counsellors. Child witnesses can be referred to these agencies through a variety of sources (e.g. social work, general practitioners, or the child's caregiver), although different agencies have varying practices and guidelines. Children can also self-refer to some agencies.
20 Agencies providing therapeutic support have different procedures in place for assessing the needs of child witnesses. Individuals conducting assessments should be aware of the risk of contaminating evidence through the questions they ask and of the risks associated with certain types of therapeutic support (see sections below).
Therapeutic Support Providers
21 A variety of professionals from a range of backgrounds can be involved in providing therapeutic support to child witnesses, including people working in the voluntary and statutory sectors. This guidance document cannot specify what training or qualifications an individual who provides therapeutic support should have, although it is strongly recommended that the best practice guidelines outlined in this document are followed.
22 Therapeutic support providers should be competent to deliver the interventions they provide and should have received generic training as well as some additional specialist training e.g. additional training in working with children.
23 Importantly, all professionals working with child witnesses, prior to or during court proceedings, should be familiar with this guidance and the guidance on Interviewing Child Witnesses in Scotland (Scottish Executive, 2003).
It is the responsibility of those individuals providing therapeutic support to have knowledge of this guidance. The guidance will be widely disseminated across all relevant sectors and will also be available on the Scottish Executive web site. 5 Organisations and professional bodies are encouraged to raise awareness of the guidance and to provide appropriate training.
24 Therapeutic support providers should also be provided with support and supervision to ensure good practice is followed.