Sophie Cartwright KC gave evidence.

Our next witness is Sophie Cartwright KC, a solicitor at Deans Court Chambers.

Q Good afternoon, Sophie. Do you believe, regarding the Bill, that legal aid should be non-means-tested, especially in cases involving a major incident and there is a public institution or office involved?

Sophie Cartwright:

Good afternoon. Just for clarification, I am not a solicitor; I am a barrister.

On legal aid, specifically in respect of the IPA it is slightly different because they are not to provide legal activity, but absolutely there should be non-means-tested legal aid available for victims of major incidents. That to some extent cures part of the issue around ensuring that there is access to the necessary advice and support for victims of major incidents, which, as the genesis of the IPA was, is a landscape that is daunting, confusing and overwhelming. Allowing non-means-tested legal aid so that victims can get access to appropriate advice through solicitors and latterly barristers, if necessary, is essential to address the concerns that led to the proposal for the IPA.

Q Thank you. Do you agree with the proposed functions of the independent public advocate as set out in the Bill?

Sophie Cartwright:

I think there is a slight confusion at the moment about what is set out in the Bill, particularly in Clause 27 on the functions of an IPA. What is slightly confusing is that the IPA has been given the role of an independent public advocate, but it is not meant to be an advocate in the classical sense of being an advocate that provides legal activity, because that is precluded under clause 27(6). Essentially, therefore, the IPA is not intended to be an advocate in the legal sense of the word.

When one looks at the function envisaged in clause 27, it is to

“provide such support to victims…as the advocate considers appropriate”.

To that extent, I think there is still some confusion about what the purpose of the IPA is intended to be—whether it is just to provide support in the immediate aftermath, or whether it is to be a signposting service. There is a slight disconnect, because what is proposed is that the Secretary of State will appoint IPAs after major incidents occur, which will inevitably create delay. You will almost have a vacuum when a major incident occurs, because you do not have an IPA in place to give that support.

There will then be a whole process of liaison with the Secretary of State to appoint an IPA, so there is likely to be a recruitment, with a number of people putting themselves forward to be that IPA, which will inevitably cause delay. If the IPA is to have that clear role of offering support in the immediate aftermath of a major incident, they really need to be in place already so that they can provide the support as envisaged. If there is then to be a negotiation with the Secretary of State about the appointment, the terms of the appointment, the remuneration and what their functions can be, the IPA will inevitably get bogged down in delays, meaning that it is not providing what it is intended to provide in the immediate aftermath of these major incidents.

Q How do you think those delays could be avoided? Would you see the independent public advocate sitting under the Secretary of State or in a different body completely?

Sophie Cartwright:

If there is a commitment that there needs to be an IPA, and if there is to be such a person or individual, then in my view it should be a function that is in place and appointed, with someone already in post, whether or not it is full time. It is envisaged that part of the role of the IPA, if they are individually appointed, is that they have a report-writing function and capture the views of victims. That necessarily allows the work of an IPA to be taken more slowly, in order to capture the victims’ experience and to learn lessons from major incidents that can bring about lasting and meaningful change.

I know that as part of this process you are speaking to a number of victims of major incidents. I think every victim and family experience will capture learning or things that could be done to make the process better for them. There is a lot that victims of major incidents have said about the intrusion of the press, and about not knowing where they need to go. If the IPA’s role is full time, that can allow them, when they are not dealing with the quick-time, immediate aftermath of these devastating major incidents, to be putting in place the system for capturing the victim experience, to feed into report-writing, and to ensure that there are recommendations and that lasting change occurs in respect of how to make the victim experience better and the structure and systems that are in place.

Q Thank you for talking to us this afternoon. You said that there are almost different ways that the function of the IPA could be conducted and you have highlighted that it is not a legal role.

Sophie Cartwright:

Yes.

I am not sure whether you heard the evidence from previous witnesses, but Jenni Hicks of the Hillsborough campaign in particular was talking about a panel of support, with people who have different skills and different experiences. What do you think are the roles that are most important to the function of a successful IPA?

Sophie Cartwright:

Certainly the IPA should have a trauma focus. Plainly, there should be a knowledge and experience that involves an understanding of the impact of trauma, so almost supporting from a resilience point of view with accessing necessary support through psychological services. In our experience of the Manchester Arena, we were absolutely blessed with the work of the resilience hub, which had a team of psychotherapists and psychologists who were providing that trauma focus. Essentially, the work of that body should not make things worse and should have a trauma focus to it.

I would definitely say that if there is to be a panel, it needs to be people with the right skillset, so that in their dealings with victims and obviously with victims’ families, they are not making things worse. They would definitely need a background that involves a psychological, therapy-type role, so they have that understanding. Also, if there is to be that practical support, it has to have the necessary skillset.

Clause 28 also envisages that IPAs will be asked to be properly interested persons at inquests. There needs to be clarity as to the purpose of the IPA, because that certainly suggests that there will be a form of providing advice. In terms of functions, clause 27 also talks about assisting with investigations by public authorities and assistance with the inquest and inquiry. Those are very much almost legal roles. The IPA should not in any way be a substitute for the access of families and victims to their own independent legal advice and representation.

Q Are you not arguing, essentially, that there does need to be a panel of people with a range of skills? To come back a little bit on your criticism—if I can put it that way—of the possibility of delay, is it not the case that each individual situation will need specific qualities and the specific skills of individual people? It is inevitable that it will need a little bit of time to find the right people to deal with the right incident. None the less, if we know of a pool of suitably qualified and experienced people who are ready to serve, that would be ideal.

Sophie Cartwright:

Part of the function of the IPA is said to be a signposting role, but if it is not in place in the immediate aftermath and then there is this delay in putting it in place, I cannot quite see what the function is, if it is not to replace the role of legal representation, which it is not intended to do.

If it is not in place to deal with the immediate aftermath, for support and signposting, I do not see what its functions really are in terms of challenging public authorities, unless it is going to be a role that is linked to the changes on the duty of candour, which is being massively championed on the back of the work of Bishop James Jones, and that sort of role for challenging public authorities.

It is about clarity on what the function of the IPA is intended to be. At the moment, I do not see, practically, as the role is envisaged through the Bill, that it is going to be meaningful or what the IPA is intended to achieve by way of support and signposting for victims of major incidents, if it is not in place and ready to go. That is the concern, particularly when under Clause 25 there have to be terms of appointments and then agreement, which is inevitably going to have delays. To what extent, then, is it really discharging what was intended to be its signposting and supportive role, if it is not there at the get-go of a major incident?

Q I do not know whether you managed to hear Lord Michael Wills’s evidence from earlier today. He had a private Member’s Bill in the House of Lords in 2014 to introduce an IPA. He envisaged it, in part, as something that the families could call upon so that they felt that they had agency and there was something they could do at the early stages that would stop them just feeling like everything was being done to them and they had no role. But he also envisaged a role of ensuring transparency. For example, he envisaged his version being able to establish a Hillsborough Independent Panel-like arrangement, to gather in documents and give an account of the truth of what happened. Do you see that that might be a function that the independent public advocate could usefully pursue, if the Bill were amended to enable it?

Sophie Cartwright:

Yes, that certainly seems to me to be a measurable and proportionate role for an IPA. It should be something that exists so that, when incidents happen, families know that the body exists and know where to go, rather than thinking, “Who is the IPA? Who has been appointed, and who will it be?” and the experience being dependent on who that IPA is.

If it is a body that exists, where families know that they can go as part of that search for the truth or to seek advice, I absolutely see that as more what was intended when the IPA was initially proposed. Certainly, the genesis of the IPA was very much the experience of Hillsborough. There has been a lot of discussion around it having a role holding core public authorities to account. I do not necessarily know how practically that would work when there is an inquest and a coroner is discharging their investigatory duty or—if there were to be an inquiry—how a chairman would discharge their role as the chairman. There has to be some thought around that to ensure that it does not trespass within the investigatory roles and the statutory functions of other investigators post major incidents.

The original concern was that public authorities had not shown candour in their approach to investigations, so that may be a function of the IPA. Certainly, when the IPA role was first announced in March by Mr Raab, a lot of the support seemed to be around saying, “This should be a role for the IPA around Hillsborough’s duty of candour.” I really cannot comment more broadly on that, but that was what was intended originally when the IPA was first proposed, which would fit with the evidence that you heard this morning. I apologise that I have not had access to that evidence in advance of speaking to you today.

Q Drawing on your own experience in relation to the Manchester Arena bombing, I am sure you will have had discussions with affected family members. Do you see anything in the Bill in respect of the independent public advocate as envisaged that would have assisted those people you have subsequently came across when dealing with the Manchester Arena bombing? Do you think that there is something in the Bill that would have made things easier for them to deal with the aftermath of that terrible experience?

Sophie Cartwright:

If the IPA had existed then as a place where the families could go for help, then certainly. The IPA could have a function to assist with that immediate intrusion that can occur to families. A lot of the families and witnesses that gave evidence to the inquiry talked about the massive intrusion on them by the press after the major incidents. If the IPA had a role to hear families’ concerns around press intrusion, and it liaised with editors and the like to stop that form of intrusion before lawyers were in place, I can definitely see that being an avenue to go down.

There was also a lot of concern from a number of family members about the blue light-type agencies, which immediately afterwards were putting out their own media and documentaries about events. I know that for a lot of the families the content of that material caused real concern. Again, the IPA could be somewhere they could go to speak about that and raise concerns, and the IPA could then be enabled to speak to the relevant representatives of those public authorities to ventilate the families’ concerns about that material, as well as to help explain the process to them.

After the Manchester Arena bombing, a lot of good work was done by the coroners and family liaison officers involved. I think having Another place where victims could go to seek support in the immediate aftermath would be good. Anything that allows victims an avenue to try and understand what is happening is definitely for the good.

Q You have mentioned that there needs to be more clarity and purpose around the IPA. With that in mind, how long do you think an IPA should be involved following a major incident?

Sophie Cartwright:

If it remains as intended at the moment, that is not really clear, because obviously the terms of appointment will depend on the agreement with the Secretary of State. If there is to be a report-writing function that captures the victim’s views, it is going to be a longer-term thing. It certainly seems to be a role that is envisaged as running alongside an inquest and inquiry process, which is why it is quite difficult if it is a number of appointments of different IPAs rather than a full-time position of the office of the independent public advocate, with a head IPA that can appoint individuals as and when necessary.

Again, if it is envisaged as a role in the immediate aftermath for signposting and support until victims have their own lawyers, who then can very much discharge the roles and functions of an IPA, it might just be a shorter-term thing. But if it is intended to also capture the victim experience and have a report-writing role, that is a much longer-term thing. We need to consider the functions of the IPA and whether it is intended to be a full-time appointment. As it is currently drafted, it is intended to be multiple IPAs that apply for the role of the IPA and are then appointed with terms of reference. That is a very different thing, and it potentially has a longer shelf life.

Q Do you have a view on the Bill’s definition of a major incident?

Sophie Cartwright:

It envisages significant numbers by reference to death or serious injury. It seems that the function of the IPA is around those incidents where there is death, but as drafted the Bill also covers a major incident where there is not death—where you would envisage an inquest or inquiry process—but serious injury. If it is intended just to cover major incidents, there is no definition of “significant”, but I know the guidance gives a comparable definition by reference to the Manchester Arena incident, Grenfell and Hillsborough. I think there is vagueness around significant numbers of deaths or serious injuries, but as drafted it would also capture major incidents where there is just injury.

The other thing I want to flag is that at the moment it is intended to cover only major incidents that occur in England and Wales. Again, there might potentially be a disconnect if you are excluding the IPA from having a role. One can well imagine the Tunisia inquest that occurred, which was to assist victims of a daunting, confusing and overwhelming process. As it is currently drafted, it seems almost to exclude major incident types where large numbers of British nationals get caught up in incidents overseas. I cannot see, on the face of it, why it would exclude major incidents where a large number of British nationals are caught up overseas. I wanted to flag that as a potential area where there may be a real role for the IPA: if there are large numbers of victims caught up in major incidents overseas.

Q Good afternoon, Ms Cartwright. Thank you very much for joining us. I have just one question, but I am more asking for your reflections than asking a specific question.

You alluded earlier to the interaction between an IPA, as envisaged in the Bill, and other judicial or investigatory processes, whether they were inquests or other public bodies performing their work in the aftermath of a major incident. There have been a number of calls for the IPA to be a data controller, so that it can access data. We heard this morning from another lawyer, Tim Suter, who argued that that would not be the best approach and that individual public bodies should remain the data controllers, but with the IPA being able to view or access the data in that way. Do you have any reflections on that point? Once a statutory public inquiry is set up, how would the interaction between the IPA and the inquiry work best? On the data controller point, I can see arguments from various perspectives, and I am interested in your reflections.

Sophie Cartwright:

Clause 30 deals with some data aspects. It goes back to having clarity as to the intended purpose of the IPA. If it is to discharge the role as per the evidence you heard this morning from the original proponent of the IPA role, it is for the IPA to have a data controller-type role in terms of seeking material and records. That could, though, be fraught with complete complexities that will then bog down the IPA role.

If it is envisaged at the moment that it will just be that supportive role, and interacting, it can become quite complicated, particularly if the IPA is not intended to have a role that involves legal activity. To that extent, anything around data controlling and making requests for records and properly retaining and looking after them is definitely more in the water of legal activity.

As the Bill is currently drafted, I think it would become an absolute nightmare if you were requesting the IPA to have the data controller function and require documents and records. Anything that involves requests for documents and controlling, retaining and storing them definitely has to have a legal activity-type oversight, so I can well understand why Mr Suter gave evidence today to the effect that the public authorities should remain the data controller.

It goes back to having a clear clarity of purpose as to what the IPA is. If it is intended that the IPA will have a candour role and make requests for documentation, it is inevitable that data protection and GDPR issues will have to be properly looked at and considered, because that is a very complex landscape. At the moment, that would not in any way come near what is intended in clause 30 on the data-control aspect of the IPA’s role.

That is really useful. Thank you very much.

If there are no further questions, I thank you very much for your testimony. We are very grateful.

Ordered, That further consideration be now adjourned.—(Fay Jones.)

Adjourned till Tuesday 27 June at twenty-five past Nine o’clock.

VPB14 The Josh Hanson Charitable Trust

VPB15 Solace Women’s Aid

VPB16 Why me?

VPB17 Tackling Double Disadvantage Partnership

VPB18 Criminal Justice Alliance

VPB19 Respect and The Drive Partnership

VPB20 Refuge

VPB21 Spotlight on Corruption

VPB22 The Bell Foundation

VPB23 Surviving Economic Abuse

VPB24 Women’s Aid Federation of England

VPB25 Joint submission on behalf of the following VAWG organisations:

End Violence Against Women Coalition

Women’s Aid Federation of England (Women’s Aid)

Latin American Women’s Rights Service

Solace Women’s Aid

Refuge

Agenda Alliance

Birmingham and Solihull Women’s Aid

Respect

Centre for Women’s Justice

Traveller Movement

Surviving Economic Abuse

Hibiscus Initiatives

Safety4Sisters

Southall Black Sisters

VPB26 Latin American Women’s Rights Service and the Step Up Migrant Women campaign

VPB27 The Bar Council and the Law Society (joint submission)

VPB28 The Bar Council

VPB29 Office of the Victims’ Commissioner for England and Wales

VPB30 Anti-trafficking & Labour Exploitation Unit (ATLEU), Focus on Labour Exploitation (FLEX), Kalayan, and the Latin American Women’s Rights Service (LAWRS) (joint submission)