Second Report - Pre-legislative scrutiny of the draft Victims Bill

The government committed to amending the Bill to include bereaved families as victims ahead of introduction and will carefully consider how to define specific relatives in legislation.

The government agreed on the need for clarity and intends to explicitly reference persons born as a result of rape in the definitions of a victim in both the Bill and the new Code.

The government committed to accepting the recommendation to place an obligation on statutory services to make victims aware of the Victims’ Code and will develop an appropriate framework. However, it rejected rephrasing principles from 'should' to 'must' for operational flexibility.

The government commits to consulting the Victims’ Commissioner and local victims’ groups on data collection requirements and will explore publishing standardised, disaggregated data, considering how to share it and ensure confidentiality.

The government will update the Bill to require commissioners to specifically consider child victims' needs in their strategies and states the Bill's current definition of a victim already ensures support for those not in contact with the criminal justice system.

The government agrees to amend the Bill to include reference to Section 3 of the Domestic Abuse Act 2021 to capture children as victims in their own right. It will also update the Bill to require commissioners to specifically consider the needs of child victims when preparing their joint commissioning strategy.

The government states that the Victims Bill's duty to collaborate and the existing Victims Funding Strategy aim to bring together complex duties and funding models, and it will continue to consider further transparency.

The government commits up to £6 million for 'by and for' services and £2.5 million for specialist services over two years (2023/24-2024/25), but rejects placing a specific responsibility on local commissioners to commission 'by and for' services.

The government agreed to co-design statutory guidance with support sector experts and has already begun this engagement. They also committed to working with other departments to consider how the independence of ISVA and IDVA roles might be reflected in guidance, noting their support for victims regardless of criminal justice system engagement is already established.

The government will amend the Bill to retain the Victims’ Commissioner’s duty to oversee the operation of the Victims’ Code at a national level and will implement this change ahead of introduction.

The government agreed that agencies within the Victims’ Commissioner’s remit should be required to respond to all reports, including thematic reports, and committed to implementing this change ahead of the Bill's introduction.

The government accepts the recommendation, agreeing that inspectorates should be required to consult with the Victims’ Commissioner annually, and will seek to implement this change by developing a framework with relevant bodies.

The government agrees with the recommendation that inspectorates should consult the Victims’ Commissioner and will seek to implement this change, working closely to develop a framework. Data sharing with PCCs is addressed in a separate response.

The government will revise the drafting of clause 5(11)(c) to make the wording clearer.

The government agreed witnesses should be confined to those suffering harm, stating this is already accounted for in Clause 1's definition, and clarified that the inclusion of witnesses in the Bill does not impact the Code's application as it already allows for differentiated entitlements.

The government accepted the recommendation, stating it is putting measures in place for emotional support, and will introduce victim observation of parole hearings through a limited testing phase in the South West Probation Region, offering pathways to professional support.

The government states the recommendation reflects its existing position and that recently published CPS guidance already clarifies that third-party material should only be considered when necessary, proportionate, and relevant to a reasonable line of enquiry.

The government rejects strengthening the duty to collaborate but commits to increased multi-year funding for victim services, including a minimum of £460 million over three years for PCC-funded services and an additional £20 million for NHS England for sexual and domestic abuse services.

The government accepted the recommendation to change the Bill to require guidance on the role, functions, training, and qualifications of ISVAs and IDVAs. The Ministry of Justice and Home Office are collaborating to ensure new ISVA statutory guidance builds on and replaces existing Home Office guidance.

The government stated it has increased funding for support services, including £34 million ringfenced for ISVAs and IDVAs in 2022/23. They committed to increasing the number of MoJ-funded ISVAs/IDVAs by 300 to over 1,000 by 2024/25 and will continue to monitor demand.

The government accepted the recommendation, stating that reinspection is already utilized by inspectorates and will play a helpful role in driving up improvement for agencies found to be failing victims.

The government agreed to increase the visibility of the PHSO, stating they are working on improving access to and quality of materials on complaints and that the PHSO is conducting outreach work. However, the response did not address the removal of the MP filter or allowing non-written complaints.