Deaths Abroad (Consular Assistance)

Debate between Lady Hermon and Anne McLaughlin

Wednesday 18th November 2015 Westminster Hall

[Anne McLaughlin (Glasgow North East) (SNP)]

I beg to move,

That this House has considered consular assistance for families of people who die abroad.

As the Minister is aware, the Select Committee on Foreign Affairs carried out an inquiry in 2013-14 into this very matter, and many of the people I will reference today contributed to that inquiry. The reason why I secured the debate is threefold. First, I want to look at what changes have been made and what assessment has been made of those changes. Secondly, I want to feed back the thoughts of those who called for the inquiry, some positive, some critical, but all, I suggest, constructive. Thirdly, I want to pay tribute to some brave and fearsome campaigners who have selflessly committed to fighting for better support, not for themselves but for people who find themselves in the dreadful position that I will describe.

I start by acknowledging that there are some people in this country who have had very recent experience of this: I refer to those caught up in the atrocities in Paris last Friday. The impact will have been felt not just by the victims and their families, but by the consular support staff at the Foreign and Commonwealth Office. I do not envy them their task at a time when they may themselves be traumatised by events in the city in which they live and work.

I will set out why there was a call for the Foreign Affairs Committee to have this inquiry last year. What were the experiences of families whose loved ones died abroad that led to them putting their lives on hold and mounting campaigns to change the experience for others? Let us remember that it is hard enough when someone close to us dies in this country. For someone who is struggling to cope with their shock and grief, to have to find a way through the minefield of a country with which they are unfamiliar—perhaps they do not speak the language and the customs and laws are different to theirs—is an experience that I would not wish on anybody. Naturally, people in those circumstances will turn to their own country’s consular support services, but many have not found the support that they expected.

Support After Murder and Manslaughter Abroad is a charity that campaigns for improvements in Government policy, and provides telephone advice and peer support to people bereaved by homicide overseas. Eve Henderson is someone I do not know, but she represents SAMM Abroad and I believe she is here today. Other campaigners have urged me to pay tribute to her for her tireless campaigning since her husband was murdered overseas 17 years ago. I pay tribute to her strength and determination. I hope that, in some small way, people like me can take some of the burden from her shoulders.

In 2011, SAMM Abroad sent 150 families a questionnaire asking them to document their experience of dealing with the FCO, the police and coroners. Fifty families responded, and the vast majority of respondents were negative about the service provided by the FCO. When asked whether the FCO was helpful 56% said, “not at all”, 38% said, “not very”, and the remaining 6% said, “quite helpful”. No one said that the FCO was “very helpful” and, as Members can see, 94% felt that they had not got the help that they wanted.

The evidence in the Foreign Affairs Committee report reflected similar findings. I recognise and applaud that Committee in the previous Parliament for doing much of the work required to ensure that the families of those who die abroad are treated justly and with dignity by officials. The inquiry spoke to one mother who found that most of the advice she was offered was of less use than the advice available on websites. Others spoke of calls going unreturned, wrong advice being given and, most disturbingly, being encouraged to have their loved one cremated abroad without being advised that that could mean that there would be no coroner’s report back in the UK.

I should say at this juncture that, until recently, Scots or those who lived in Scotland who died abroad were not afforded an inquiry. Thanks to the work of Death Abroad—You’re Not Alone, otherwise known as DAYNA, and Julie Love, who spearheads its campaigns and who I will say more of later, the Scottish Government have now made steady progress in improving the treatment of such families. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill proposes to bring in discretionary fatal accident inquiries for those who have died overseas and have been repatriated to Scotland. That is a welcome step forward and builds upon Lord Cullen’s review which reported in 2009.

Another welcome measure is the increased accountability for families. Where the Lord Advocate decides not to hold a fatal accident inquiry he or she—it may be a she in the future—will have to justify the reason for that in writing to the family on request. I say all this primarily to pay tribute to DAYNA, but also to highlight the fact that there are distinctive elements of the Scottish legal system that directly affect the families of those who have died overseas. That must be borne in mind by the FCO and in the new training it offers consular staff.

The most disturbing and compelling evidence was from people who, like the bereaved mother highlighted in the report, found that consular support staff showed callous disregard for what they were going through. In her words,

“I found them completely without empathy at a time in my life when I really needed them.”

Although the report found that there was sometimes an unreasonably high expectation of the support that the FCO could provide, nobody would argue that people could not expect some common decency—a human response to a human tragedy—and yet they were not getting it. That was not an isolated case, and I will give more examples later. Nobody expects consular staff to offer counselling services—they are not the Samaritans—but the dismissive attitude and cold responses many have experienced are just unacceptable. If any of my caseworkers were to treat constituents in the same way, they would not last very long in my employ. I notice that they are sitting here today, so I will quickly add that I have absolute confidence in every one of them before they stage a walkout.

That is a basic summary of why groups such as SAMM Abroad and DAYNA urged that this inquiry be conducted. I will return to some of this in more detail by examining the three reasons I have called for the debate, but first let me share the story of Julie Love, mother of Colin Love and founder of DAYNA. Julie lives in Glasgow. She is an ordinary woman who has been through an extraordinarily traumatic time and has done something extraordinary as a result. Let me read out some of her words:

“My son Colin Love drowned in the sea close to Margarita Island, Venezuela, whilst on a Caribbean cruise in January 2009. He was 23 years old. He was an excellent swimmer. The beach was recommended to him by the cruise company despite the water being notorious for riptides and undertow. There were no warning signs and no lifeguards…it was easy to make contact with the Foreign & Commonwealth Office in the UK. My first contact…was at approximately 2am on 30th January 2009, several hours after receiving news of Colin’s death from his friend. I spoke to a member of the Global Response Team who was very empathetic but unable to assist as the FCO had not yet received notification of the death. He told me he would leave a message with the South American desk to ensure I would be contacted as soon as the information was received the following morning. I never received that call. I contacted them at approx. 12 noon the following day. I had not slept. I’d just found out my son had died on the other side of the world and I was frantic. I spoke to a female at the desk who curtly responded, ‘We deal with thousands of Brits dying abroad every year. I don’t have a message to call you back’. I was appalled.”

I am certain that there is nobody here who would not be appalled by that. Julie continued:

“She reluctantly took my details and said she’d call back. I am still waiting on that call. After contacting the HQ of the cruise company in Miami I was able to ascertain the telephone number of the British Honorary Consul on Margarita Island and made direct contact by telephone. His spoken English was very poor but we were eventually able to communicate by email.”

Should it really be that hard? Should she really have had to go to all that trouble?

Julie Love says:

“As I have since discovered has been the experience of many families I was advised to have my son cremated, not to travel to Margarita Island, that the cremation could be arranged on the island and they’d return my son’s ashes. How appalling! What mother wants to be told that she cannot hold her child ever again, especially when it’s possible that she can? I was adamant my son was going to be repatriated to Scotland and that I would go to the island to bring him home. I was advised not to as it would delay his repatriation. Reluctantly I did not travel…and it still took 4 weeks for my son’s body to be repatriated. I was advised four different dates and had church services…booked only to have to re-arrange. I had family and friends travelling to Scotland from all over the world and some of them had to return home...and were unable to pay respects at my son’s funeral because of the date changes.”

Julie mentions other problems, a number of which she, I and all campaigners accept are not down to the FCO; they are down to other people. For example, Colin Love’s friend was told that he had to return to the liner because he was not a relative. The liner docked in Aruba the following day, and the friend travelled from Aruba to Miami, Miami to London, and London to Glasgow. He had very thoughtfully brought back Colin’s luggage. He was charged for excess baggage every step of the way. Julie said in her submission to the inquiry:

“So in answer to the questions—No, I was not offered accurate advice and certainly given no guidance. I feel that the FCO handled my case abhorrently and without sensitivity to my feelings or to my son’s dignity. I was later to find out that my son’s body remained on the beach (uncovered) for approx. 12 hours.”

She discovered that because a British newspaper printed a picture of it—again, something that none of us would ever want to associate ourselves with. I happen to know that Julie Love ran up a phone bill of more than £1,000 trying to resolve the issue—money that she just does not have—but there was no help available.

I have three reasons for securing this debate. The first, of course, is to ask what changes have been made and what assessment has been made of those changes. I welcome the progress the FCO has made and the undertakings it gave in response to the Foreign Affairs Committee’s report, which include a recognition that the manner in which families were dealt with did, in some cases, fall far below the level of service that British citizens should have been able to expect. One response from the Government was to provide training for consular support staff in dealing with non-suspicious deaths. After the murders on the Tunisian beach in July this year, the Foreign Secretary said that training would be given to all consular advice staff to improve sensitivity and effectiveness in casework. I am keen to hear an update on that training and a timetable for ensuring that everyone has received it—I assume that not everyone has yet received the training. When can we expect the training’s effectiveness to be reviewed?

[Lady Hermon (North Down) (Ind)]

I am reluctant to intervene on the hon. Lady, but I am deeply touched by what she has put on record today. As the Member representing a young honeymooning couple who died in a terrible drowning accident six days after their marriage—they died on 23 October—my experience of the Foreign and Commonwealth Office has been brilliant. The global response team acted during the night, and the sensitivity that it showed to both families was enormously courteous and helpful in tragic circumstances.

[Anne McLaughlin]

I thank the hon. Lady for her intervention. I was coming on to this, but I will say it now. There may be consular support staff listening to this debate who feel quite hurt by what I am saying, but obviously I am not referring to those who deal with such situations properly. I will give more evidence for why I know that Julie Love’s experience is not a one-off and why it is so important that we follow this up, but the hon. Lady is right: we hear about the terrible experiences. We have to accept that the majority of experiences may well be good, but I have not heard much about them.

Following the work of the Foreign Affairs Committee and the FCO’s response, one area that is still of concern to families is deaths that are not identified as murder or manslaughter but are classed as suspicious. In some cases, the coroners have returned the equivalent of open verdicts; in others, the family suspect foul play. Will the Minister comment on the FCO’s role in supporting family campaigns for justice, especially where the local inquiry is ineffective or where there are problems with the coroner’s report? I appreciate that the FCO handles all cases individually, but there will inevitably be cases where there has been malpractice in the local investigations. When do the British Government step in to support British families in such cases? When the access to justice unit was set up, it was going to review the policy on suspicious deaths and consider whether it could offer similar levels of support in some instances where there has been a suspicious death. I hope the Minister can update us on that. Has the review taken place? If so, when will we get the details? If not, what is the timetable? What support is being offered to those families?

We can agree that all cases will be different, but it would be beneficial if the system was structured so that all families know what support they can expect as a minimum. Paragraph 15 of the Government’s response to the Foreign Affairs Committee’s report stated that they would begin gathering evidence on the handling of deaths on an ongoing basis from May 2015; the evidence would be collected by independent research partners from a representative selection of all FCO customers and published in the annual report. It would be useful to know whether anything has been gleaned from that research so far.

The second reason for securing this debate is to feed back the thoughts of some of those who called for the inquiry. As I said, some are positive and some not so positive, but all seek to be constructive. SAMM Abroad says that, over the past three years, the FCO has improved the support it provides to bereaved families—all of us here will welcome that—but although the initiatives are welcome, families are still reporting significant issues with the consistency of the service provided. SAMM Abroad contends that the current practice of putting families in contact with desk officers is failing. Although there are notable exceptions, as we have heard, they are, in SAMM Abroad’s view, precisely that: exceptions. Desk officers lack proper training in dealing with traumatised families, which can lead to families feeling greater trauma after their contact with the FCO. I know that training has been suggested and agreed to, but we have yet to hear what stage it is at. There are frequent complaints that desk officers fail to keep families informed of developments or mishandle important information.

SAMM Abroad says that another significant shortcoming of using desk officers is that they move frequently and rarely stay the duration of an investigation. Most cases will not come to trial within two years, and many take longer, which means that families continually have to retell their story to new colleagues, which causes frustration and distress and can lead to poor case management. Although SAMM Abroad accepts that it is unrealistic to expect desk officers to remain in post for extended periods, their continual movement has another significant impact: a loss of institutional expertise. Frequent movement not only disrupts contact with families but disrupts relationships with local organisations and services that could provide support to families.

SAMM Abroad has come up with an excellent suggestion that I would apply across the board for the families of anyone who dies abroad, not just for the families of those who are murdered, although obviously such families face additional difficulties. SAMM Abroad suggests a small, centralised unit within the FCO with specially trained staff to act as the principal point of contact for families. The unit would be responsible for dealing with the desk officers and extracting information for the families. That would have a number of advantages: families would not be not upset or traumatised by having to retell their story after desk officers move; it would allow liaison with other agencies to be more effective, because staff would have immediate access to case files and other information; and the development of FCO policy could become more effective, as the unit would be able to observe recurrent issues and spot failings more immediately. If the Minister cannot commit to the establishment of such a unit today, and I suspect that he cannot, will he commit to considering it in more detail and perhaps meeting me and other campaigners, or at the very least accepting information from us on this suggestion? I think the creation of such a unit is an excellent suggestion that could resolve a lot of problems.

Suspicious deaths are the second issue that campaigners feel still has not been fully addressed. The report talks of families whose loved ones were murdered, but for those whose loved ones suffered a suspicious death, the agony seems to be never-ending. Take the case of the man who was murdered almost seven years ago: the trial of those who murdered him ended 18 months ago, and still the family is unable to have a funeral for him. I recently met someone—I am not naming anyone because I have not asked if I can do so—whose mother died in France more than two years ago, and she is still waiting to bury her. Any right-thinking person will agree that those situations are horrific. There are various stages of grief, but these families are stuck at the start of that process because they cannot lay their loved ones to rest. How can they be expected to grieve, or to continue any semblance of a normal life?

I am sure the Minister is aware of and is as horrified as I am by the cases where bodies have been returned minus internal organs. It is like something out of a horror film, and the families must play out that horror film in their head day in, day out, night after night. We must surely be able to intervene to put a stop to all that and to find a way to let those families move on. There are also questions about the appeal processes after a conviction and the way in which families are advised when the perpetrator of a crime committed against their loved one is due to be, or is, released from prison.

As the Minister will know, one of the big overarching criticisms in the report was the lack of consistency. Julie Love has asked me to raise something that exemplifies what was meant by that finding, and it relates to the constituents of the hon. Member for North Down (Lady Hermon) who died so tragically in October.

As I have said, Julie’s son, Colin, died while swimming. The beach he was on is noted for its dangerous riptides, but nobody—neither the travel company nor the FCO advice—told him about those riptides. He had thoroughly researched where he was going. Julie Love suggested to the inquiry—it was documented in the report and she understood that this suggestion was being taken up—that the FCO website’s travel advice should include information about anywhere with particularly unpredictable or potentially dangerous waters. I appreciate that the FCO is working with travel companies to improve the information provided—that is good; that is progress—but Julie’s clear understanding was that the FCO would also provide this information. People are more likely to take seriously what their Government tell them than what a travel company tells them, so this is important.

The advice now appears on the information about Venezuela, where Colin died. It also appears on the Dubai page, but apparently it only appeared there after a British citizen died in a swimming accident similar to the one that killed Colin. Moreover, when the young honeymooning couple from Northern Ireland died so tragically earlier this year while swimming in South Africa, Julie was told that it was not the FCO’s practice to give that kind of advice. Well, either the FCO gives that advice or it does not give it, but it must be consistent. People will understand that Julie was particularly disturbed by this incident, and of course anyone’s heart will go out to the honeymooning couple and their families, but in her communications with the FCO Julie had specifically noted the beaches of South Africa as danger spots. Who knows if the couple would have read such advice if it had been provided, and who knows if they would have taken note of it? However, surely the point is that it is our duty to do all we can to alert people and then allow them to make their own decisions, and that cannot be done only after an event. Provision must be consistent. I would be really grateful to the Minister if he could commit to ensuring that that happens. It is quite important that it does happen and, as I said, I think it has already been agreed that it would happen.

Regarding the overarching problem of how consular staff deal with grieving families, people listening to this debate may believe that because the families are grieving everything becomes magnified and perhaps things are not quite as bad as they say, but I can tell the Minister that I know what these families say is correct. Of course, as I have already said, there will be great advisers out there, who put their heart and soul into supporting people, and I want them to know that I am not talking to them. However, I know that the things that I am talking about do happen, and that when they happen it is crushing. I know, because a few years ago my brother Stephen died very suddenly in a foreign country. I will not go into detail, because I am certain beyond doubt that my family do not want to read about it in the newspapers again; it is too raw and it is too personal. Nevertheless, I feel that I have to tell the Minister that I was one of those family members and I experienced exactly what all of those other families describe. I have heard them describe the experience of dealing with the FCO as being like suffering a bereavement all over again, and it is true. It is hard to hear, it is hard to say, but it is true.

I was stunned to have an adviser from the consular support team shout down the phone at me. There was no reason for it; I was too weak and too confused to have given him any reason to shout at me. He was clearly just having a bad day, but the lack of compassion astounded me. In addition, I was given advice that I later regretted taking: “Have him cremated.” I did. The “support” that I got was a list of preferred cremation providers, all of whom wanted four times as much money as I ended up paying. The FCO staff did not care that we could not afford their expensive recommendations; it was of no consequence to them that we did not speak the language and they did. Worst of all, they did not do anything to help us to get the answers that we were so desperately seeking. Had it not been for a friend of mine who happened to live in that city, I do not know how we would have got through the experience. If it happened now, we would have the comfort of a fatal accident inquiry, but then we were more or less dismissed as if we did not matter—as if he did not matter.

When I speak of the distress that these families feel, my family have felt it too. When I speak of the coldness with which they are treated, I was cold-shouldered too. As others have said, when I really needed someone to have a bit of compassion, there was not an ounce of it. That is why I know what strength it must take for someone to put aside their grief and to get out there and fight for others. I really pay tribute to those who have done that—Eve Henderson and many more people who I do not have permission to name, but they know who they are. Julie Love has been a tireless advocate for the families.

[Lady Hermon]

Would the hon. Lady like me to intervene?

--- Later in debate ---

[Anne McLaughlin]

Yes, please.

[Lady Hermon]

It is very kind of the hon. Lady to allow me to intervene and I am very grateful to her for very kindly drawing the House’s attention, and the Minister’s attention, to the dreadful experience of the young honeymooning couple. They were in their mid-20s; they were inseparable in life; and tragically they ended up being inseparable in death as well. However, I repeat that the FCO and the consular staff were extraordinarily kind and compassionate to their families.

I do not want to delay the hon. Lady from concluding her contribution, which is deeply moving.

[Anne McLaughlin]

I very much thank the hon. Lady. I will try to continue.

I will end by saying that Julie Love has been a tireless advocate for the families of British citizens who have died abroad. People such as Julie and Eve do this work not for themselves—it is too late for them—but for others so that their grief is not compounded. Julie and Eve’s organisations support individuals and while there is always a role for the third sector to provide additional, supplementary or specialist support, it is clear that sometimes such organisations have to step into a gap left by the varying level of support offered by consular services.

The families and campaign groups have many more questions that they would like me to ask, but I think I should stop now and allow others to speak. I simply ask, finally, that the Minister agrees to receive information from us, and perhaps at a later stage to meet with us to discuss how we can ensure that we meet people’s needs and—where the FCO cannot do that—how we ensure that there is support for the organisations that can. After all, Minister, there is nobody better placed to tell you what was missing, what is still missing and what is really needed when someone you love dies overseas than my family, and people such as Eve Henderson and Julie Love, the mother of Colin Love.