Working with victims: HSE policy statement

A significant part of the work of the Health and Safety Executive (HSE) is investigating health and safety incidents and taking enforcement action, where appropriate, against those held responsible. This work requires HSE staff to meet and communicate with the victims of such incidents. This document describes HSE’s values and practical approach when liaising with victims, and, where possible, reflects the principles of the Victims’ Charter, Victims’ Code, Prosecutor’s Pledge and the Scottish Strategy for Victims, in addition to the Code for Crown Prosecutors and the Prosecution Code.

Purpose & scope

This policy statement sets out the general principles HSE staff follow when working with victims. How these principles are put into practice and what the victim can expect from HSE is described in more detail in the Appendix. This policy applies to all contact with victims, from the start of an investigation to the end of any legal proceedings. The impact on the victim is given wider consideration than in the requirements under the Public Interest Stage in the Code for Crown Prosecutors in England and Wales, and Public Interest Considerations in the Crown Office and Procurator Fiscal Service Prosecution Code in Scotland, which covers only prosecutions. HSE acknowledges that differences in the legal systems will incur operational variations in Scotland. However, the principles and spirit of this statement are followed so far as is practicable.

Definition

A victim is a person who has been injured or directly affected by an incident arising out of or in connection with work, or is a member of the bereaved family of someone who has died in connection with an incident at work.

Policy

• It is HSE’s policy to inform, advise and support victims and to be sensitive to the victims’ personal circumstances and requirements. HSE treats each victim with dignity and respect and provides them with timely information and advice about the conduct of an investigation and any subsequent legal proceedings.
• HSE staff are considerate to the potential diversity of the victim and victim’s family. Every effort is taken to ensure everyone is treated fairly, with decency, dignity and respect. HSE staff who liaise with bereaved families (and those injured directly in an incident) are provided with support and training on how to deal with traumatised persons.
• HSE, as an independent enforcing authority, must take decisions on the type of incidents that are investigated. This decision is guided by the Health and Safety Executive’s Incident Selection Criteria, which flows from its Enforcement Policy Statement, and which takes into account the consequences of the incident for the victim.
• HSE inspectors are as open as possible in providing victims with details about the progress of an investigation whilst complying with the statutory bounds of disclosure and without prejudicing any subsequent legal proceedings.
• HSE provides a complaints procedure that the victim is able to consult if he/she thinks HSE has failed to uphold the principles of this statement.
• HSE recognises the importance of engaging with victims of health and safety crimes and will endeavour to keep this statement under continuous review to allow for any developments.

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Appendix

1 The following sets down HSE’s practices when liaising with victims at each key stage of the investigation and any subsequent prosecution.

Investigation

Initial Contact

2. As soon as practicable after beginning the investigation, the injured person is identified and contacted. The investigating inspector explains to the injured person HSE’s investigative role and gathers information about the incident. When called upon to investigate a fatal accident, in addition to contacting the bereaved to introduce ourselves, to explain HSE’s role and responsibilities and to discuss the ensuing investigation, HSE also provides the bereaved family with an information pack. This pack contains HSE leaflets and guidance on how they may contact other organisations offering support and information.

Progress of the investigation

3. The bereaved and those who have been injured are kept informed as much as possible of the progress of the investigation and of any key milestones. Restrictions exist however on the disclosure of such material to third parties. During the investigation victims are offered an opportunity to express how the incident has affected them and how and when they wish to be kept informed of the progress.

4. Where the Police, or other agencies, are also involved, HSE liaises with them in the investigation to ensure victims are kept informed of significant developments of the investigation in accordance with the Work-Related Deaths Protocol.

Victim Personal Statements

5. The Victim Personal Statement (VPS) Scheme, which HSE has introduced, is a non-statutory scheme in England and Wales that proactively offers certain victims an opportunity to give a written statement noting their views. The scheme is entirely voluntary and no inferences are made if the victim wishes to decline the offer.

6. The purpose of the VPS is to ensure the victim’s voice can be heard and their views can be taken into account when investigating possible offences and considering prosecution.

Outcome of the investigation

7. Victims are informed of the outcome of the investigation and of any ensuing legal action.

Legal proceedings

Coroner’s Inquest

8. HSE will usually be able to assist the coroner by providing as much information as possible without prejudicing any future criminal proceedings and by having a representative at the inquest. HSE gives the bereaved a leaflet explaining the role of the coroner and HSE’s representative is available at the inquest to answer any questions the bereaved may have.

Investigations with no HSE Prosecution

9. Not all investigations lead to prosecution. If the decision is not to prosecute the victim is contacted to provide a general explanation of the reasons for not proceeding.

Investigations with HSE Prosecution

10. Once a prosecution is approved, and HSE is the prosecutor, victims are informed of the service of the summons and the date, time and location of where the case is to be heard, including any subsequent changes. If necessary, the victim is advised by the inspector on court procedures.

11. In some cases the prosecutor will have an indication of the defence’s plea before attending court and HSE will endeavour to discuss the significance of this with the victim and the proposed course of action by the prosecutor.

At Court

12. Depending on the case, and the court in which it is being heard, the role of prosecutor could be fulfilled by HSE staff, solicitor agent or counsel instructed by HSE, Crown Prosecution Service, or by the Procurator Fiscal in Scotland.

13. On arrival at court the victim is met by the appropriate person who will answer any queries they may have. (This may be someone from HSE, or someone appointed by HSE to conduct the case, or could be someone from another agency involved in the case, e.g. the Police or Crown Prosecution Service). If the victim is required to give evidence they are given the opportunity to prepare and, where necessary, practical applications are made for any special requirements the victim may have.

14. Arrangements are in place in England and Wales for the prosecutor to address the court for application of compensation for the victim. How the victim has suffered, be it physically, emotionally or financially, will help inform the court’s decision on the application.

15. Where practicable during the hearing the prosecutor remains in communication with the victim. This allows the victim to alert the prosecutor to any attacks on the character of the victim or deceased and for the prosecutor to challenge them accordingly.

16. After the court hearing has finished the prosecutor discusses the outcome of the hearing with the victim. If the defendant makes an appeal to the Court of Appeal HSE notifies the victim and informs the victim of the grounds on which the appeal is made and the eventual result.