Source · Select Committees · Justice Committee
Recommendation 21
21
Acknowledged
Paragraph: 81
Consider providing independent legal advice for vulnerable victims facing disclosure requests.
Recommendation
The decision whether to accede to a disclosure request of counselling notes and third-party material should not rest solely on the shoulders of victims, many of whom are vulnerable and traumatised. There is a case for providing independent legal advice for vulnerable victims facing disclosure requests and the Government should consider this further alongside its consultation on third party material. We welcome the work the Government is doing to ensure that disclosure requests are proportionate.
Government Response Summary
The government is considering responses to two consultations related to third-party material and enhanced victim support, and will shortly publish its response to one, but has not yet committed to providing independent legal advice.
Paragraph Reference:
81
Government Response
Acknowledged
HM Government
Acknowledged
30. The Government launched a public consultation on police requests for third party material in June 2022 which closed in August 2022. The Government has considered the responses to the consultation and will shortly publish its response. On the point of providing legal advice, the MoJ carried out a consultation with practitioners and experts on Enhanced Support for Victims of Rape or Serious Sexual Assault on Matters of Personal Information, Disclosure, and Privacy Rights. This concluded in June 2022, and we are considering the responses to this consultation alongside the wider work on third party material.