Equality and Diversity Impact Assessment on the policy for prosecuting crimes against older people
Annex
Background
The Policy for Prosecuting Cases of Crimes Against Older People was launched on July 15 2008 and took effect from that day.
The policy makes clear the CPS commitment to dealing with cases of crimes against older people and was developed to ensure that the CPS meets a key commitment in its Single Equality Scheme.
In recent years, the CPS has developed domestic violence, racist and religious hate crime and homophobic crime prosecution policies (the latter have been recently revised to take account of recent legislative changes). This policy enables crimes against older people to be equally recognised in line with offences against other equality groups. The policy aims to secure the confidence of those affected by crimes against older people that the CPS understands the serious nature of this type of crime and is committed to dealing with cases effectively.
This report outlines the process for developing and implementing the Crimes Against Older People policy statement and guidance, considers the positive and negative impacts of this policy and makes recommendations to ensure that identified issues are addressed.
Methodology
- Desk based research
- Internal consultation, including the CPS Staff Networks: NBCPA, LGBT Network and Enable
- Consultation via focus groups with older people themselves
- Consultation and involvement of representatives from organisations supporting older people and academics in the field
- Wider public consultation
- Analysis of qualitative responses.
Consultation and involvement
A Policy Statement was developed by a steering group which included representatives from organisations with expertise in the fields of 'elder abuse' both in terms of research and service provision, and victim and witness support.
A three month public consultation period was held and finished on 31 January. 41 responses were received from a range of sources including CPS staff, individuals, safeguarding adult partnerships, police, support services and care standards inspectorates. Please see Annex one for a full list of respondents.
Two focus groups were held, one involving older people mainly from the London area and a second involving older people from Black and minority ethnic communities from around the country.
A response to the consultation process was published on the CPS website in May 2008 and a copy of this is annexed to the report.
Policy implementation
The Policy Statement was issued with an accompanying guidance document which gives more detail about some of the key areas of the policy statement to assist prosecutors and caseworkers in developing a clear understanding of this type of crime.
Guidance on applying the Crimes against older people flag has been distributed to users of the CPS computerised case and witness management systems.
Progress on implementing the Crimes against older people policy will be assessed in a themed review two years following the implementation of the policy and guidance.
Assessment and analysis
The public consultation resulted in some 40 responses from voluntary and community organisations, charities, academics, other inspectorates, expert advisory groups, other government departments and CPS staff.
Positive impact
The policy statement proactively promotes equality for older people and ensures CPS compliance with its Single Equality Scheme to mainstream consideration of issues affecting older people into prosecution policies and practices, as well as employment policies and practices.
The range of crimes affecting older people and the contexts in which these can occur are clearly set out in the policy statement and guidance for prosecutors. The statement outlines the support for disabled victims and witnesses, addressing issues of accessibility and the support available through the Prosecutors Pledge, Code of Practice for Victims of Crime, Witness Care Units, Special Measures, Intermediaries and specialist support organisations.
The statement reflects issues of multiple discrimination and cross refers to other relevant CPS policy in this area (for example CPS hate crime and domestic violence policy statements and guidance).
The development of the policy has involved a range of community groups working together to dispel myths about older people and to share advice about how to support people, both victims and witnesses, who become involved in the prosecution process.
The draft policy issued for consultation has been substantially revised following public consultation and the final policy can be genuinely described as a consultation informed policy.
Adverse impact
There was no evidence submitted or accessed on the impact of crimes against older people from lesbian, gay, bisexual or transgender communities (LGBT). It is understood that there is little research in this area. There is a risk that a key issue or issues affecting these communities in the context of crimes against older people have not been addressed by the policy statement or guidance.
This impact is mitigated by cross referencing to other policy statements including our Homophobic and Transphobic Hate Crimes policy. This should enable any issues of overlap between crimes against older people and homophobic crime to be considered and addressed.
Recommendations
It is recommended that CPS monitors any relevant research developments that can inform its understanding of crimes against older people from LGBT communities and makes the necessary revisions to its policy and guidance at the appropriate stage.
Equality and Diversity Unit
July 2008
