Pilot schemes were established in Aberdeen and Ayrshire by the Scottish Executive Vulnerable Witnesses Unit ( SEVWU), to improve services to vulnerable witnesses in the Scottish justice system. MorrisRichards Ltd were commissioned to assist with self evaluation of the pilots, and also to undertake an independent evaluation.
Main Findings
- Comparisons of the 2 pilot locations show that in a larger, more complex area in terms of administrative boundaries (Ayrshire), a local steering group ( LSG) and vulnerable witness officer ( VWO) can progress work similarly to a more administratively coherent area (Aberdeen), but that this is likely to take longer to achieve.
- Evidence about pilot impact relied mainly on professionals' views; these were mixed concerning effects on local agency working and (especially) on services to vulnerable witnesses, although to some extent it was felt too early to recognise pilot effects.
- The pilots were seen as very successful locally in raising awareness of and providing information and training about policy for vulnerable witnesses, largely because of the VWOs' pro-active approach, and their outreach work with local agencies.
- The pilots had a wide remit, intended to improve services for all vulnerable witnesses and across all stages of the justice process, but implementation of the Vulnerable Witnesses (Scotland) Act 2004 ( VWA) dominated their work. Many pilot priorities, and much of the support for a local VWO, were in relation to implementation of the VWA, and some support for continuation or extension of the pilots was related to or qualified by reference to VWA deadlines.
- Issues arising in each location in relation to implementation of the VWA show some deficiencies; these are virtually identical across both pilots, and reflect issues discovered during the concurrent monitoring and evaluation of the first 2 phases of the Act's implementation (Richards et al, in preparation).
- While the evaluation does not support further roll out of the pilots nationally in their current form, it is recommended that the pilot model is further explored in the existing locations, with the option to modify and extend VWO work as a national resource.
The pilots
Each pilot consisted of one full-time VWO based in the local area, and a multi agency LSG composed of representatives from organisations involved with vulnerable witnesses.
The pilots' aim was to explore and make recommendations on the provision of consistent, integrated and accountable services to support child and vulnerable witnesses throughout all legal proceedings, with effective and high quality standards of delivery, and how this could be achieved across Scotland.
Five overarching objectives were set for the pilots, to:
- assess whether pilot/ VWO had added value;
- identify/investigate additional needs and priorities;
- improve co-ordination between agencies;
- put a monitoring system in place, and
- improve experiences for vulnerable witnesses.
Of these, the first 3 have been largely achieved, with only a few tasks still outstanding on some action points relating to them.
The objective of putting in place a local monitoring system has not been achieved, although towards the end of the evaluation period some local data were being obtained by the VWOs, and COPFS reported progress being made on their updated data system. Any future VWO work may be able to achieve a local monitoring system in the light of these developments. Assessing the impact of the pilots on improving experiences for vulnerable witnesses has not proved possible within the life of the current pilots.
The pilots were set a work programme in each area, again with 5 main tasks to:
- establish local pilot support structures and networks;
- carry out mapping and audit of both the criminal and civil justice support systems;
- monitor and evaluate the pilot project;
- act as a central information point, and
- develop and progress a local action plan.
These tasks have been achieved almost entirely, with only a few elements outstanding.
Both pilots were successfully established, with LSGs widely viewed as working well and VWO post holders viewed as both suitable and committed. Having a VWO at local level with an overview of witness services in the justice system and directly linked to the SE was seen as very important for pilot operation.
Progress with pilot action points has been good, and although less so for those progressed by local agencies than at national level, this suggests that the current model is a feasible approach to improving local service provision.
The mapping and audit results produced very similar action points across the 2 pilot areas, and very few were uniquely local issues. Coupled with findings in other areas from the related evaluation of the VWA, this strongly suggests that there is a need for improved witness services in the justice system in Scotland.
The aim of the independent evaluation was to assess the effect of the pilots on the joint working of local agencies responsible for legal proceedings and witness support; and vulnerable witnesses in the justice system in each pilot area.
Methods
The small scale evaluation relied on a interviews with justice professionals (12), a survey of witnesses (50 responses from 432 administered) and a local agency survey (33 responses from 77 surveyed).
The research specification was to assist the VWOs with self evaluation of the pilots, in particular to develop a logic model to guide this aspect of pilot work, and to undertake an independent evaluation. Based on mapping and audit exercises, local action plans were drawn up by the VWO and LSG members. These were incorporated in an evaluation plan with targets for achievement of the pilot objectives; progress on action points was a core element of self evaluation.
It was recognised early in the evaluation period that there was a lack of suitable objective measures to assess pilot effectiveness, and that therefore most of the evidence would be of a more subjective nature, primarily the views of witnesses, agencies, and their representatives. Part of the rationale for using a logic model to guide pilot evaluation was because of the difficulty in identifying quantitative measures of pilot effects, and the need to ensure a robust framework for such small scale and largely qualitative work.
The main limitations of the evaluation findings are that much of the evidence of pilot impact is from information provided by 42% of the 77 local agencies surveyed, and that the 12 individuals interviewed included only 8 follow up interviews with representatives of these agencies, whose returns had been largely positive about the pilot.
Joint working
The pilots were seen as partially successful in promoting inter-agency working. In particular, LSG members worked well together in addressing local issues, but there were some difficulties in resolving these when agencies are working bilaterally to national protocols and guidance. Local resolution of issues necessarily took place in the light of national agency policy, and practice and protocols designed to promote consistency across Scotland. Many issues presenting as local co-ordination problems needed input at national level to be fully resolved.
Support for pilot continuation and further extension was high among most of the agencies that are closely involved, whereas those with more tenuous associations found it hard to judge ongoing need and value. While the majority of agencies in each locality reported a need for a 'driver' to achieve the aim of consistent, co-ordinated and integrated local approaches to service provision, reservations were expressed about the extent to which this can be achieved via local initiatives.
Vulnerable witnesses
It proved impossible to assess pilot impact on vulnerable witnesses in a local area within the time period of the evaluation. Evidence from the single survey of witnesses undertaken for the evaluation cannot be used for this purpose, but this provided useful information about witnesses' perceptions of vulnerability, and their experiences of witness services. Responses show that unmet need for witness services and low levels of referrals to services exist in both pilot areas.
Conclusions and options
Overall conclusions from the evaluation are that the pilots have made a positive if limited impact on inter agency working at local level, and that they are popular with local agencies, which see the VWO as a valuable (and added) local resource. This is mainly due to their role in raising awareness, training, and acting as a central point for advice and information on policy for vulnerable witnesses.
There was a majority of support for continuation of the current pilots, with some perceived scope for further extension of their role both in terms of geographical area and remits.
Three main options for the future of the pilots have been identified for further consideration by the SE:
1 Continue the pilots as they are for a longer period on a temporary or reviewable basis. This reflects the partial success of the pilots in achieving their objectives, while allowing more time to fully explore what their contribution could be, and completing their work in the light of refinements made to pilot design.
2 Rather than consider national roll out of the pilots, which is not recommended, recast the VWO role as national resources, while taking responsibility for further areas identified and (possibly) defined on the basis of Sheriffdoms, with any additional LSGs mirroring LCJB areas. This model should give consideration to the benefits of having local VWOs with knowledge of the local area, however.
3 Replace current pilots with a different local model, if it is thought that case workers are needed at courts, like Vulnerable and Intimidated Witness ( VIW) officers in England and Wales, to carry out a less strategic role and more casework. This model may include allocating current LSG responsibilities to other suitable groups, for example court users groups, in line with a revised focus.
Overall the findings suggest that option 1 progressing towards option 2 may be the most appropriate way forward.
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