Section 28 – Reports on case reviews: publication and sharing
230.Following a report being finalised and approved under section 27(5), the committee can also, under subsection (1) of this section, choose to publish a report (or part of it) – but only where consent has been given by the Lord Advocate. However, in every case, the committee has to publish (either in the report if it is published, or separately) such information as it considers appropriate about the recommendations made in the report.
231.Subsection (2) requires the chair of the review oversight committee to take all reasonable steps to ensure that any published reports do not include information which would or might identify specified individuals (either directly, or through information which could reasonably allow “jigsaw identification”). This rule applies regardless of whether the individual concerned has participated in the review process and regardless of whether the individual is living or dead. The individuals whose identities are protected by this rule are—
the person whose death is the subject of the review or who is person A or person B in relation to the death in question (normally the person whose death is being reviewed will be person A or person B, but the person who has died is named separately because this will not be the case where there is the death of a connected young person),
any individual who is or was connected with any of the individuals mentioned immediately above (for example, as a family member, friend or acquaintance),
any individual who was involved in events which were examined by the review (for example, a social worker, doctor or police officer who had an interaction with the victim following an assault).
232.Those who are not therefore covered by the rule above and who could be identified in the report – if that was considered appropriate – would include the panel members who carried out the review and those who gave evidence to the committee but had no personal connection (for example, an unconnected social worker who gave evidence about standard social work protocols).
233.Subsection (3) allows the chair of the review oversight committee and the Scottish Ministers to each share approved reports (or extracts from them) with any person with whom they consider it appropriate to share it for the purpose of promoting the learning of lessons with a view to safeguarding those affected by abusive domestic behaviour or promoting the wellbeing of victims of abusive domestic behaviour. For example, this would allow valuable learning material which is too sensitive to be published to be shared with an organisation which is involved in tackling domestic abuse and would therefore benefit from being aware of a particular learning point. Subsection (4) makes further provision about any such sharing—
It obliges the person who is deciding whether or not to share the report/extract to take that decision in accordance with the protocol (see section 24 and paragraphs 208 to 211 of these Notes). Any sharing itself must also accord with the protocol.
It provides that the person sharing the material can redact or anonymise it as appropriate. This goes further than the ability to share a part or parts (i.e. extracts): the changes could include adding in pseudonyms or making some details vaguer rather than simply omitting them.
It provides that the person with whom the material is shared may not share any unpublished material with anyone else and must keep the content confidential.
