victim assistance –‘managing expectations - esasi · (icao) • • victims may include: flight...

Jurgen

Whyte

Department of Transport, Tourism and Sport

Chief Inspector

Leeson

Lane

Air Accident Investigation Unit

Dublin 2

Victim Assistance – ‘Managing Expectations’

AIR ACCIDENT INVESTIGATION UNIT

““One of the most challenging aspects of the air One of the most challenging aspects of the air accident investigation process is the interaction with accident investigation process is the interaction with

the victims of aviation accidents and their relativesthe victims of aviation accidents and their relatives””..(ESASI Amsterdam 2012)(ESASI Amsterdam 2012)


•• Assistance

to

the

victims

of

air

accidents

and

their

relativesAssistance

to

the

victims

of

air

accidents

and

their

relatives……. . specific to the investigative process.specific to the investigative process.

•• Air

Accident

Investigation

bodies,

as

a

matter

of

course,

have Air

Accident

Investigation

bodies,

as

a

matter

of

course,

have provided

such

assistance

throughout

the

investigative

process

anprovided

such

assistance

throughout

the

investigative

process

and d

beyond.beyond.

•• The

aviation

industry

has,

in

the

past,

failed

to

meet

the

needsThe

aviation

industry

has,

in

the

past,

failed

to

meet

the

needs

of of some victims and their relatives following accidents.some victims and their relatives following accidents.

•• It is only in recent years that the requirement of such assistanIt is only in recent years that the requirement of such assistance has ce has become a legal obligation.become a legal obligation.

•• As

an

investigator,

I

consider

that

it

is

right

that

victims

andAs

an

investigator,

I

consider

that

it

is

right

that

victims

and

their their relatives

are

kept

informed

of

the

investigative

process,

the relatives

are

kept

informed

of

the

investigative

process,

the

progress

of

the

investigation

and

the

outcome

of

an

investigatioprogress

of

the

investigation

and

the

outcome

of

an

investigation n once this does not compromise the objectives of the investigatioonce this does not compromise the objectives of the investigation.n.

•• ‘‘CC’’

change towards legal intervention change towards legal intervention ‐‐

litigious society. litigious society.

Context:Context:


•• USA USA ‐‐

The Aviation Disaster Family Assistance Act 1996.The Aviation Disaster Family Assistance Act 1996.

1.1.

Requires

the

NTSB

to

coordinate

the

disaster

response Requires

the

NTSB

to

coordinate

the

disaster

response resources

of

Federal,

State,

Local

and

Volunteer resources

of

Federal,

State,

Local

and

Volunteer

agencies.agencies.

2.2.

The

Office

of

Transportation

Disaster

Assistance

(TDA) The

Office

of

Transportation

Disaster

Assistance

(TDA) provides

information

to

family

members

following

the provides

information

to

family

members

following

the

accident.accident.

•• ICAO Circular 285ICAO Circular 285‐‐AN/166 (2001) Guidance on Assistance to AN/166 (2001) Guidance on Assistance to Aircraft Accident Victims and their Families.Aircraft Accident Victims and their Families.

Legislation and GuidanceLegislation and Guidance


• Regulation (EU) No. 996/2010 on the investigation and prevention

of accidents and incidents in civil aviation.

• Recital

(32):

Assistance

to

the

victims

of

air

accidents

and

their relatives should be adequately specified.

• Article 1 Subject Matter:

…….it

also

aims

to

improve

the

assistance

to

the

victims

of

air accidents and their relatives.

• Article

21

Assistance

to

the

victims

of

air

accidents

and

their relatives:

1.

Aviation Emergency Planning2.

Airline Emergency Plans

3.

Reference Person as Point of Contact

EU Legislation EU Legislation


Regulation (EU) 996/2010 (Supportive) Legislation Regulation (EU) 996/2010 (Supportive) Legislation

•• Article 15 Communication of Information:Article 15 Communication of Information:

1.1.

Authorisation

as

to

what

can

be

released

and

made

public Authorisation

as

to

what

can

be

released

and

made

public to victims and their relatives.to victims and their relatives.

•• Article

20

Information

on

Persons

and

Dangerous

Goods

on Article

20

Information

on

Persons

and

Dangerous

Goods

on Board:Board:

1.1.

Airlines:Airlines:‐‐

Validated list of persons on board.Validated list of persons on board.

2.2.

Airlines:Airlines:‐‐

List of dangerous goods on board.List of dangerous goods on board.


So who are the Victims of aviation accidents?So who are the Victims of aviation accidents?And who are the Relatives?And who are the Relatives?


•• Not defined by EU RegulationNot defined by EU Regulation

““An occupant of the aircraft, or any person outside the aircraft,An occupant of the aircraft, or any person outside the aircraft,

who is who is unintentionally involved in the aircraft accidentunintentionally involved in the aircraft accident””. . (ICAO)(ICAO)

•• Victims may include:Victims may include:

Flight CrewFlight Crew

Cabin CrewCabin Crew

OthersOthers

Revenue passengersRevenue passengers

NonNon‐‐revenue passengersrevenue passengers

And third partiesAnd third parties

•• In

the

provision

of

assistance

there

is

a

need

to

differentiate In

the

provision

of

assistance

there

is

a

need

to

differentiate between the between the ‘‘interested party victiminterested party victim’’

and the and the ‘‘innocent victiminnocent victim’’

Victims:Victims:

Interested Interested PartiesParties

Innocent Innocent VictimsVictims


Relative

Selfor

RelativeSelf


•• Defined by EU Regulation:Defined by EU Regulation:

‘‘RelativesRelatives’’

means

the

immediate

family

and/or

nextmeans

the

immediate

family

and/or

next‐‐ofof‐‐kin

and/or kin

and/or other

person

closely

connected

with

the

victim

of

an

accident, other

person

closely

connected

with

the

victim

of

an

accident,

as as

defined under the national law of the victimdefined under the national law of the victim..

•• Recent experience:Recent experience:

Immediate family/nextImmediate family/next‐‐ofof‐‐kin were parents of deceased Pilot.kin were parents of deceased Pilot.Partner of deceased Pilot took control as Partner of deceased Pilot took control as ‘‘executor of willexecutor of will’’..Parents withdrew from process.Parents withdrew from process.Partner appointed legal firm for representation.Partner appointed legal firm for representation.Sought

over

a

protracted

period

to

influence

the

outcome

of Sought

over

a

protracted

period

to

influence

the

outcome

of

Final Report.Final Report.

•• In

Ireland

if

a

victim/relative

appoints

a

legal

representative,In

Ireland

if

a

victim/relative

appoints

a

legal

representative,

that that entity

becomes

the

victims/relatives

point

of

contact for

the entity

becomes

the

victims/relatives

point

of

contact for

the

investigation.investigation.

RelativesRelatives……..more complex:..more complex:


• To provide assistance and information to a wide and complex range of individuals.

•• Different nationalities, with different languages, cultures, traDifferent nationalities, with different languages, cultures, traditions ditions and religions.and religions.

•• Some having suffered life changing experiences as a result of beSome having suffered life changing experiences as a result of being ing involved in the accident, or having suffered serious injury or tinvolved in the accident, or having suffered serious injury or the loss of he loss of

a loved one.a loved one.

•• Different emotions , stages of grief and needs:Different emotions , stages of grief and needs:

Anger Anger ‐‐

Guilt Guilt ‐‐

Hurt Hurt ‐‐

Pain Pain ‐‐

Blame Blame ‐‐

Revenge Revenge ‐‐

Compensation Compensation ‐‐

Closure Closure

•• Some who will only accept what they want to believe themselves.Some who will only accept what they want to believe themselves.

•• Some who will not stop until they get what THEY want.Some who will not stop until they get what THEY want.

•• The limited resources available.The limited resources available.

•• Without compromising the objectives of the investigation itself.Without compromising the objectives of the investigation itself.

The challengeThe challenge……


Some NEVER go awaySome NEVER go away……

••

General aviation type events with low number of fatalities.General aviation type events with low number of fatalities.

••

The

IIC as

reference

person

(RP)

is

the The

IIC as

reference

person

(RP)

is

the

‘‘point

of

contactpoint

of

contact’’

for all for all concerned.concerned.

••

The

Investigation

differentiates

between

the

needs

of

the

statesThe

Investigation

differentiates

between

the

needs

of

the

states, , interested parties and the innocent victims/relatives.interested parties and the innocent victims/relatives.

••

OnOn‐‐going

contact

between

IIC

and

all

parties

concerned

during

and going

contact

between

IIC

and

all

parties

concerned

during

and after the investigation.after the investigation.

••

States and specific Interested parties are given access to draftStates and specific Interested parties are given access to draft

report report for comment.for comment.

••

Any material intended for public release is made available to paAny material intended for public release is made available to parties rties concerned prior to publication. concerned prior to publication.


AAIU Process for Victims and Relatives AAIU Process for Victims and Relatives ––

Small Scale EventsSmall Scale Events

••

Public

transport,

accident

with

significant

numbers

of

fatalitiePublic

transport,

accident

with

significant

numbers

of

fatalities

and s

and injuries or high profile .injuries or high profile .

••

RP

separate

from

the

Investigation

is

appointed

as

point

of

contRP

separate

from

the

Investigation

is

appointed

as

point

of

contact act for innocent victims/relatives.for innocent victims/relatives.

••

No

direct

contact

between

the

Investigation

itself

and

the

innocNo

direct

contact

between

the

Investigation

itself

and

the

innocent ent victims/relatives and/or their legal representatives .victims/relatives and/or their legal representatives .

••

RP

liaises

closely

with

the

Investigation

itself

and

the

Police RP

liaises

closely

with

the

Investigation

itself

and

the

Police

Family Family Liaison

Officer Liaison

Officer

––

receives

regular

updates receives

regular

updates

––

details

on

investigative details

on

investigative

process and timelines.process and timelines.

••

Investigation has direct contact with specific interested partieInvestigation has direct contact with specific interested parties such s such as the flight crew and/or their relatives.as the flight crew and/or their relatives.

••

Any material intended for public release is made available to paAny material intended for public release is made available to parties rties concerned prior to publication. concerned prior to publication.


AAIU Process for Victims and Relatives AAIU Process for Victims and Relatives ––

Large Scale Events Large Scale Events


SA‐227‐BC Metro III, EC‐ITP, Cork Airport, Ireland10 February 2011

Made

reference

to

new

situation

with

respect

to

Article

1

of

the Regulation….also

aims

to

improve

the

assistance

to

the

victims

of

air

accidents and their relatives”.

“We

will

be

exercising

the

rights

that

victims

and

families

are

entitled to”…

Identified

that

Article

21(3)

and

Article

15(4):

provides

for

the appointment

of

a

reference

person

for

the

victims

and

families

and

for

the safety investigation authority in charge to inform victims and their relatives or their associations of the following:

(a)

Factual Observations

(b)

Proceedings of the safety investigation

(c)

Preliminary Reports

(d)

Preliminary Conclusions

(e)

Safety Recommendations


Legal Firm RepresentationLegal Firm Representation

••

Advised that they were representing passengers.Advised that they were representing passengers.

••

Sought

name

and

contact

details

of

Reference

Person Sought

name

and

contact

details

of

Reference

Person

––

Point

of Point

of Contact.Contact.

••

Sought

to

meet

with

the

Investigation

to

discuss

the

accident

anSought

to

meet

with

the

Investigation

to

discuss

the

accident

and d convey their concerns.convey their concerns.

••

Prior to release of Preliminary Report.Prior to release of Preliminary Report.


Legal Firm RepresentationLegal Firm Representation

••

Letter

sent

by

RP

to

families

identifying

Reference

Person/PointLetter

sent

by

RP

to

families

identifying

Reference

Person/Point

of of Contact

and

explained

investigation

process

and

associated Contact

and

explained

investigation

process

and

associated

reporting schedule.reporting schedule.

••

Returned personal effects through Police Liaison Officer.Returned personal effects through Police Liaison Officer.

••

No

further

information

or

communication

made

until

release

of No

further

information

or

communication

made

until

release

of Preliminary Report.Preliminary Report.

••

Preliminary Report Released within 30 days.Preliminary Report Released within 30 days.

••

All families received copy one day prior to publication.All families received copy one day prior to publication.

••

Agreed

to

meeting

between

RP

and

Legal

Firm

following

release

ofAgreed

to

meeting

between

RP

and

Legal

Firm

following

release

of Preliminary Report.Preliminary Report.

••

Interim statement released just before 1Interim statement released just before 1stst

Anniversary.Anniversary.


AAIU Initial Assistance/Information providedAAIU Initial Assistance/Information provided……

••

Victims

and

their

relatives

have

an

entitlement

to

justice Victims

and

their

relatives

have

an

entitlement

to

justice

‐‐

to to defend onedefend one’’s reputation and seek compensation.s reputation and seek compensation.

••

Legal process seeks to apportion blame and liability.Legal process seeks to apportion blame and liability.

••

Investigation

process

is

precluded

from

apportioning

blame

or Investigation

process

is

precluded

from

apportioning

blame

or liability.liability.

••

Legal

process

may

seek

to

influence

Investigation

to

benefit Legal

process

may

seek

to

influence

Investigation

to

benefit themselves and their clients.themselves and their clients.

••

Direct contact between legal representatives and Investigation

mDirect contact between legal representatives and Investigation

may ay be

a

conflict

of

interest

and

could

compromise

the

objectives

anbe

a

conflict

of

interest

and

could

compromise

the

objectives

and d

independence of the Investigation.independence of the Investigation.

••

If

associated

legislation

is

not

clear

and

concise,

conflicts

maIf

associated

legislation

is

not

clear

and

concise,

conflicts

may

arise y

arise resulting in increased workload to explain or defend position.resulting in increased workload to explain or defend position.

••

Prolongs the Investigation timelines.Prolongs the Investigation timelines.


For considerationFor consideration……

••

Investigation

has

to

differentiate

between

the

needs

of

the Investigation

has

to

differentiate

between

the

needs

of

the victims/relative, be they interested parties or innocent victimvictims/relative, be they interested parties or innocent victims.s.

••

Victims/relatives

need

to

be

informed

of

the

Investigation

proceVictims/relatives

need

to

be

informed

of

the

Investigation

process

and ss

and made aware of timelines associated with the Investigation.made aware of timelines associated with the Investigation.

••

Victims/relatives

should

be

given

access

to

Preliminary/Interim/Victims/relatives

should

be

given

access

to

Preliminary/Interim/Final Final Report prior to formal publication.Report prior to formal publication.

••

Victims/relatives

should

not

have

access

to

Draft

Report

or

SafeVictims/relatives

should

not

have

access

to

Draft

Report

or

Safety ty Recommendations

prior

to

formal

release,

unless

a

particular

indRecommendations

prior

to

formal

release,

unless

a

particular

individual ividual

or entity has been adversely commented on.or entity has been adversely commented on.

••

In major accidents, victims/relatives should not have direct accIn major accidents, victims/relatives should not have direct access to the ess to the IIC or persons directly associated with the Investigation.IIC or persons directly associated with the Investigation.


Our experience…

The increased legal interest in the accident investigation proceThe increased legal interest in the accident investigation process may ss may be linked to the fact that the legal entity considers that the obe linked to the fact that the legal entity considers that the outcome of utcome of the Final published Report can:the Final published Report can:

Assist in any future legal proceedings taken by or against theirAssist in any future legal proceedings taken by or against their

client.client.

oror

Be a negative influence in any future legal proceedings taken bBe a negative influence in any future legal proceedings taken by or y or against their client.against their client.

If the safety investigation authorities Final published Report wIf the safety investigation authorities Final published Report was as deemed inadmissible in Civil Court by legislationdeemed inadmissible in Civil Court by legislation

‘‘WOULD THEY STILL HAVE THE SAME INTEREST??WOULD THEY STILL HAVE THE SAME INTEREST??’’


Just a final thoughtJust a final thought…………..

Thank YouThank You


victim assistance –‘managing expectations - esasi · (icao) • • victims may include: flight...

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