7.2 Provision of Medico-legal Reports
Provision of medico-legal reports supports the recovery of victims: their account has been heard, their injuries
observed and documented, and their experiences affirmed.
The expertise of HBF in reporting the physical and psychological effects of torture in medico-legal reports has been
recognized by the UNHCR, the UK immigration and criminal courts and the UK Home Office.90 HBF’s reports have
been instrumental in influencing the way that the UK legal
system responds to medical evidence and in setting precedents for how they will deal with medical evidence in the
future.91 The outcome of immigration and/or criminal legal procedures is integral to every aspect of our clients’
safety and future welfare, so this work is prioritized as
necessary.
All medico-legal documentation is conducted in accordance
with HBF’s therapeutic working methods and the spirit and
principles of the Istanbul Protocol. The use of the Istanbul
Protocol to underpin medico-legal reports can protect victims of trafficking from further re-traumatization because
decision makers are able to refer to detailed and authoritative clinical evidence which minimizes the need for further
investigative questioning.
Medico-legal reports must be produced to meet strict legal
deadlines. This presents HBF with serious challenges but it
is a vital service for clients. Provision of medico-legal reports
may assist victims of trafficking to secure legal recognition
and protection through refugee status as a victim of trafficking or the UK’s National Referral Mechanism(NRM)92
procedures; reports can provide corroborating evidence
when victims act as witnesses for the prosecution of their
traffickers or assist in their defence if they are prosecuted
for crimes committed while under the influence/control of
traffickers. The potential to provide medical evidence may
prevent victims from being administratively detained or
their case being transferred into inappropriate “fast track”
asylum procedures. It can help them to obtain compensation for crimes committed against them as a victim of trafficking 93 and provide support for their specific housing,
welfare and wider medical and therapy needs.
Conducting an initial assessment
“I find that taking a good
medical history leads into the
trafficking case …
“It is ideal to have a light and spacious
room in which to assess the client.
I accompany them into the room,
ensuring that if they have any pain
or disabilities, they are assisted with
these before we begin. I always
introduce the interpreter as soon as
they enter. I offer them some water
and invite them to sit down and make
themselves comfortable.
“Appropriate eye contact, body
language and use of space are the
keys to a successful assessment. It
is important that the client does not
feel that there are any barriers to
communication; I keep my desk to the
side of us both so that there is plenty
of open space and the client feels
that they are on equal terms with me,
unlike in a formal ‘interview’.
“Note taking should be as unobtrusive
as possible. I ensure that I’ve read
all the relevant documents including
detailed information about trafficking
from their country beforehand so that
I can concentrate on those issues
that are unclear, and avoid the client
having to repeat traumatic aspects of
their history unnecessarily.
“I begin by explaining client
confidentiality and informed consent.
It is essential for the interpreter to
hear this as well, as it reminds them
that the individual is a victim of crime
in this country. It is important that the
client understands that HBF cannot
act without their express permission,
and also that HBF is an organization
of clinicians which is entirely
independent of the UK authorities.
“I make sure that the client knows
from the outset that this is not a formal
interview: it is an opportunity for them
to talk about how they are feeling and
for me to see if there is anything we
can do to help. I tell them that we can
meet over several sessions, and that
they are welcome to stop or take a
break at any time.
Handling Claims Involving Allegations of Torture or
Serious Harm in the Non-detained Pilot Process
, R (on the application of AM) v.
Secretary of State for the Home Department,
AZ
(Trafficked women) Thailand v. Secretary of State for the Home Department,
91
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