Family liason in homicide and serious crime investigations Flashcards
Family Liaison Officer
The appointment of a Family Liaison Officer (FLO) will smooth this process and provide the vital conduit between the family and the Police investigation throughout the investigation phase, prosecution and beyond. It is very important that the person appointed is the most appropriate for the role and is available for the duration of the investigation.
Legal responsibility
New Zealand law recognises homicide and other serious crimes have significant impact on victims. As a consequence, the family of the deceased and victims of certain other crimes are given special recognition under the law. In particular section 4 of the Victims Rights Act 2002 defines those persons considered as victims under the Act.
This chapter must be read in conjunction with the Police Manual chapter ‘Victims (Police service to victims)’ which defines Police responsibilities under the Victims Rights Act.
Role of the Family Liaison Officer (FLO)
In formulating a family liaison plan the OC Investigation or delegated supervisor must endeavor to achieve a partnership approach with the family. The level of involvement of the FLO and the specific tasks allocated to the FLO during the investigation must be governed by this plan.
The plan should be developed whilst considering the needs of the family, lines of enquiry and all available intelligence. The family liaison plan is a dynamic process which must be reviewed in consultation with the FLO, at regular intervals. The plan should be recorded and consider:
selection of the FLO and criteria employed for the selection
exit plan for the FLO
objectives of the family liaison
assessing the most appropriate methods of conducting interviews with family members, including the use of specialist interviewers, where appropriate
information to be released to and withheld from, the family
requests made by the family which have not been agreed to, and the reasons for this
complaints made by the family and the OC Investigation’s action to progress and resolve the issues raised
any member of the family who could be considered a suspect, to enable the OC Investigation to determine whether or not this is the case
liaison with Victim Support and other support services.
FLO welfare
An FLO is continually exposed to the emotions and needs of the bereaved and working with a family can be demanding and stressful. FLOs can become emotionally affected by performing the role, especially in prolonged or complex investigations. The OC is responsible for regularly monitoring and supporting the health and welfare of the FLO and should be particularly aware of the dangers of working under high stress.
FLOs are under an obligation to inform their line supervisor of any concerns they have in continuing to perform in a specific case or in any future role as FLO. Refer to the Police Manual chapter ‘Trauma Policy’ for further information.
Exit plan
An exit plan must be developed before the FLO is deployed, and be communicated to the family at the commencement of the deployment. The exit plan will be determined and executed at the discretion of the OC Investigation, and should include plans for reactivation.
Before being stood down, the FLO should ensure that victim support services are ongoing, where this has been taken up by the family.
The FLO role may receive contact from family members over an extended period. All contact by members of the family after the FLO has been stood down must be reported to the OC Investigation.
Deployment of a FLO
When implementing the family liaison plan, the FLO should identify which family member(s) to liaise with at an early stage. This may be straightforward in some cases but in situations where the family is extended or fragmented, this may be more complex.
The term ‘family’:
includes partners, parents, siblings, children, guardians, whänau and any others who have had a direct and close relationship with the victim
includes ‘chosen’ family
should reflect the victim’s culture and lifestyle.
Note: Family members who did not witness the actual death may still hold crucial lifestyle information.
Family spokesperson
The size of the family and the degree of involvement family members seek during an investigation will vary in each case. The FLO should consider asking the family to select a spokesperson to act as the Police point of contact.
In some cases language barriers may exist and communication may require the services of a suitably qualified interpreter. The FLO must make absolutely sure that all information is clearly relayed and understood by the family.
Risk assessment
Once family members have been identified, an appreciation or risk assessment must be conducted before the FLO can be deployed. This will be particularly relevant in cases where a family member is considered a suspect. Refer to the Police Manual chapter ‘Managing security risks in policing’ and the Risk Assessment Matrix.
The OC Investigation must continuously review the appointment of an FLO and consider:
1) the suitability of the officer for retention in the role
2) whether additional FLOs should be appointed
3) the needs and wishes of the family.
Suspect within the family
Where a family member is suspected of being involved in the offence, the OC Investigation must take great care and assess any risks associated with deploying an FLO.
The OC Investigation must review the plan regularly, which should consider:
- the FLO’s welfare and safety
- increased monitoring of the FLO’s work and interaction with the family
- the level of information disclosure to the FLO and, in turn, the family
- the process by which any intelligence that arises from FLO contact with the family will be managed
- the need for the FLO to be clear in their interactions with the family
- the importance of fully documenting all contact and interactions with the family
- the possibility of deploying a more experienced FLO if appropriate
- the deployment of a deputy FLO for corroboration issues in addition to supporting the principal FLO
- not using the FLO in any search or arrest of a family member
investigative or evidential impact of deployment - whether or not the FLO will reside with the family. This may be an option in cases of kidnap for ransom where Police negotiators are in contact with the suspect. Such a deployment must only be undertaken after a meticulous consideration of the safety of the FLO.
FLO for suspect’s family
Where appropriate, the OC Investigation should consider deploying an FLO to the family of a suspect. The suspect’s family may be an important source of material that could assist the investigation, and may themselves be victims who deserve the assistance of Police to access support services. Careful consideration must be made of such a deployment and the decision and reasons for it should be recorded by the OC Investigation, regardless of whether or not the offer of an FLO is accepted.
Cultural liaison
The FLO should identify the cultural origins of the victim’s family and ensure they are familiar with relevant cultural beliefs and protocols, to enhance relations with the family and to contribute to the victim profile.
Māori culture
In cases involving Māori victims, an Iwi Liaison Officer should be involved from the earliest stage possible. This will enhance relations with the family throughout the investigation by providing an understanding and awareness of the Māori culture, protocol and beliefs. The interactions with Māori may involve participating in ceremonies, such as formal welcomes. The traditions, beliefs, and values of Māori should be respected wherever possible, within the confines of the integrity of the investigation.
Māori place significant importance on all events leading up to, during and after death. Every part of the grieving process (Tangihanga) is of immense cultural importance and Māori must be given the opportunity to bless the site of death before the body is moved. For Māori certain parts of the body are tapu. Tapu has been adopted into the English language as ‘taboo’ and means prohibited, for sacred reasons.
The FLO may be involved in aspects of an investigation that Māori may find distressing, such as arranging identification of the body and communicating post mortem examination arrangements to the family. By developing an awareness of the needs of the Māori culture and accommodating these wherever practical, the FLO will contribute to building a positive relationship between the investigation team, the family and the Māori community.
For further information on Māori Cultural Values that should be considered when dealing with Tupapaku (Deceased Persons) in the context of a Sudden Death investigations, refer to the Police Manual chapter ‘Sudden death’ - Māori.
In appropriate cases, Iwi, Asian, Pacific or Ethnic Liaison Officers should be engaged. For further information, refer Māori, Pacific & Ethnic Services (MPES).
Victim Support
The FLO is primarily an investigative role but will co-ordinate the family’s access to Victim Support and other support agencies. Care is needed concerning referrals of any family members who have not been eliminated from involvement in the crime. However, in all cases the needs of the family must be recognised and considered in line with the necessity to support investigative functions. Refer to the Police Manual chapter ‘Victims (Police service to victims)’.
Only Victim Support staff who have undergone training specific to supporting the family members of homicide victims will be selected for this role.
The FLO must inform the family of the existence of Victim Support at the earliest appropriate opportunity and then inform the OC Investigation of the family’s wishes. Consultation between the relevant Victim Support Co-ordinator, the OC Investigation and the FLO will establish the liaison arrangements to be adopted. This should be done with the aim of ensuring that the family support needs are met, including the needs of individual family members, as these may vary.
The trained volunteer nominated by the Victim Support Co-ordinator should meet and be briefed about the case by the OC Investigation and the FLO.
Early introduction will enable Police and Victim Support to work in partnership to provide appropriate information and support to family members. Victim Support Co‑ordinators are well-informed about other local agencies available to help victims of crime.
Ongoing liaison must be established between the FLO and Victim Support volunteer to ensure the information that is given to the family is consistent, avoiding any confusion or embarrassment.
Conduct of FLO duties
The FLO is primarily an investigative role and any urgent information they discover must be conveyed quickly to the OC Investigation, such as whether any family members are vulnerable or significant witnesses, or whether any family member should be considered a suspect.
Action on appointment
On appointment, the FLO and OC Investigation should discuss the plan for working with the family. It is essential the FLO establishes the parameters of their role and is clear about the objectives they are being tasked to achieve.
Before meeting the family, which should occur as soon as possible, the FLO must:
- liaise closely with the OC Investigation regarding parameters of information to be shared with and/or held back from the family
- familiarise themselves with the enquiry
- familiarise themselves with all information established concerning the family, including known family composition or dynamics, cultural and lifestyle considerations, religious beliefs and communication requirements, e.g. language or disability
- familiarise themselves with available information and intelligence which could impact on the liaison role, such as previous Police involvement with the victim or family
- establish what contact the family has had with Police since the incident/death
- establish what information has been given to the family
- establish what information concerning the incident is already in the public domain.
As an investigator, the FLO will normally be responsible for profiling the victim, preparing a family tree and gathering all relevant information from the family. This may include, in conjunction with the OC Body, taking statements to identify the victim.
Witnesses within the family
The FLO will need to make an assessment to determine the interview requirements of family members and friends of the victim. This will enable the investigation team to identify which individuals require interviewing and to assess in respect of each witness:
- whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration, as defined by the ‘Investigative interviewing witness guide’
- the availability of the witness
- any particular needs the witness has for assistance
- the optimum approach to be taken when approaching and interviewing the witness.
The FLO should address any fears that family members may have in relation to giving evidence. In many cases this is the witness’ first experience of a courtroom and many do not understand the legal procedure and protocols. Guidance through this procedure and an explanation of the rules of giving evidence is considered to be good practice.
The FLO should make arrangements for the family to visit the Court before any hearing to show them the layout and discuss the procedures. In conjunction with Victim Support, it is good practice for the FLO to have close contact with the family at the time of the trial, including providing transport to and from the Court.
Stress during the trial is likely to be high and there is a possibility that the family will experience anxiety. The FLO has a duty to advise the family about Court procedures, potential conflict between the prosecution and defence during the case and the potentially distressing nature of specific evidence that may be given, ie. pathological or photographic evidence. Where members of the family are significant witnesses such issues should be raised sensitively and the need to negate possible defence allegations of ‘coaching’ should be considered.
Record keeping
At the beginning of an enquiry the FLO must commence a dedicated notebook to record all contact with family/next of kin, intermediaries and other parties connected to the family. The notebook should be reviewed at regular intervals by the OC Investigation or their nominated deputy. Record keeping is essential to the role of FLO as it allows the liaison to be managed effectively. Information should also be recorded by the FLO on a jobsheet if appropriate.
Communicating with the family
The conduct of the first contact with the family is vital in laying the foundations for a successful partnership. Contact must be honest and, as far as possible, open. It must be remembered that the families, as well as the deceased, are victims of the crime. It is of paramount importance that families are treated appropriately, professionally, with respect and with consideration given to their needs. Police must never make assumptions about the particular needs and expectations of a family, but should respond to what they learn about them.
FLOs must be aware some of their actions and those of Police may be misunderstood and in some cases perceived by the family as patronising. They must minimise this possibility by ensuring adequate time is taken to fully and considerately explain these actions and decisions.
A primary concern of family members will be the need for information. The trauma of bereavement may be compounded by the frustration of not knowing the surrounding facts of the case. The victim’s family must be provided with timely information as far as the integrity of the investigation allows. The FLO must take part in regular briefings and debriefings and have regular contact with the OC Investigation regarding their role.
Early issues for resolution
During the early stages the FLO must:
- provide immediate appropriate information to the family concerning the death of the victim and explain to the family what happens next in respect of the body, e.g. the post mortem and Coroner’s processes
- provide the family/NOK with the Coronial booklet “When someone dies” which sets out the rights of the family and explains the Coronial process. There is a 24 hour time frame for objection to a post mortem so the information contained in the booklet is critical to the Coronial process. The booklets are held by District Victim Support and can be downloaded at Coronial services of New Zealand
- establish from family members any immediate evidence, information or rumors, which they may be aware of, so that this can be passed directly to the OC Investigation for urgent attention
- act quickly and effectively informing the OC Investigation without delay should a family or individual express concern for their personal safety or have been subject to threats or intimidation and require Police protection or assistance
- give or facilitate initial practical support for members of the family (eg. transport)
- as far as possible, protect the family from unwarranted media intrusion
- arrange temporary housing when the family home has been designated as a crime scene or a protracted search of the victim’s home is anticipated. Victim Support should be involved in this process
- use their knowledge of the criminal justice system and Coroners processes to advise family members, as appropriate
- where appropriate and on direction of the OC Investigation, arrange for the Crown Solicitor to meet the family to explain decisions taken.
