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A complaint to the Parliamentary Ombudsman from a British woman has led to far-reaching changes in the way the Foreign and Commonwealth Office supports British nationals who have been the victims of sexual assault abroad.

The woman (Ms M) was the victim of a sexual assault in Egypt in May 2011. When she contacted the British Embassy in Cairo for assistance, alleging that she had been raped by a military officer, she was frightened and vulnerable. The Embassy did not provide sufficient support when Ms M most needed it.

Ms M complained that Embassy staff

• did not explain clearly how they could help her
• did not accompany her to report the crime to the police
• did not arrange a medical examination immediately or offer to accompany her to a hospital
• had no knowledge of post-exposure prophylaxis ― a treatment that can prevent HIV infection once the virus has entered the body

On her return to the UK, Ms M sought help from the human rights organisation REDRESS who helped her complain to the Foreign and Commonwealth Office (FCO). The FCO's initial response was to defend the actions of the Embassy in Cairo until we intervened.

The investigation found failings in the way both the British Embassy in Cairo and the FCO in London dealt with the case. In particular, they failed to recognise the context in which the assault took place and to act accordingly. As Ms M was assaulted by a military official she was afraid of the response she might receive if she reported the crime to the police, as they were under the control of the military at that time. The report underlines her 'fear and anxiety' at the prospect of 'reporting the crime without any official support in the presence of a room of men who did not speak English and who were carrying guns'.

Had Ms M received appropriate advice from the Embassy, it would have made a huge difference to the fear and anxiety she experienced. The Embassy did not tell Ms M they could accompany her to report the crime, nor did they help her find a female doctor to examine her. Instead, they made incorrect assumptions about her ability to cope and left her to navigate the complex system unsupported.

The investigation found that she had been through a terrifying ordeal, far away from home, and should have been able to rely on the British Embassy in Cairo to help her when she was at her most vulnerable.

As a result of the investigation the FCO has reviewed the way it handles complaints so that the needs and feelings of the complainant are at the centre of the process. It has changed its guidance on consular assistance to take account of people's particular circumstances and changed its approach to complaint handling and training so that staff learn from mistakes. The FCO has written to Ms M to apologise for the injustice she suffered and paid her £1000 in compensation for the way her complaint was handled.

Julie Mellor, Parliamentary Ombudsman, said:

'This is a prime example of how one individual coming forward to complain can lead to significant changes. Having the courage and persistence to seek justice can have an impact, not just for the individual, but for other people who may need to complain in future. It is encouraging to see that the Foreign and Commonwealth Office has been fully engaged in addressing the issues raised in our report and the lessons learned from this case have been taken on board.'

Simon Fraser, Permanent Under-Secretary and Head of the Diplomatic Service, said:

'We apologise unreservedly to Ms M for the mistakes we made in her case and fully accept the recommendations in the Ombudsman's report. We have taken a number of actions to ensure that this does not happen again and we will give Ms M a comprehensive update on the steps we have taken in December. We remain committed to delivering a high-quality consular service to British nationals overseas, particularly to those who are most vulnerable. The FCO deals with around 19,000 consular cases a year and the majority of these (around 90%) are very satisfactorily resolved. We are always saddened when we fall below our high professional standards and will apply the lessons learned.'

Carla Ferstman, Director of REDRESS, said:

'We are glad that the Ombudsman has upheld the complaint, and has called on the Foreign Office to improve the way they handle complaints of sexual abuse, putting victims' needs first. When the victim contacted the British embassy for help, even though she had been raped by a military officer, she was left alone to seek medical treatment and to report the crime to the very authorities responsible for it. This not only increased her anxiety and trauma further but also seriously jeopardised her safety.'

The report Sexual assault abroad. A report by the Parliamentary Ombudsman on an investigation into a complaint about the Foreign and Commonwealth Office is available on our website.

For media enquiries to the Ombudsman please contact Anne Nicholls at the Press Office on 0300 061 4996. Mobile: 07887 883450 (out of hours number 07825 781289). Email: press@ombudsman.org.uk or anne.nicholls@ombudsman.org.uk

Notes to editors

1. The Parliamentary and Health Service Ombudsman (PHSO) was set up by Parliament to help both individuals and the general public. We are not part of the government. The Ombudsman's role is to investigate complaints that individuals have been treated unfairly or have received poor service from government departments and other public organisations. The service is free to use and open to everyone. If someone is unhappy about the service they have received from a government department or another public organisation, they should first make their complaint to the department or organisation in question and give them the chance to respond. If they're not happy with how their complaint is dealt with, they should contact the Ombudsman – call 0345 015 4033 or email phso.enquiries@ombudsman.org.uk.
   
2. The FCO has undertaken significant work to improve its internal guidance and training for consular staff dealing with cases of sexual assault, resulting in updated guidance being issued in October 2012. This work arose as a result by Ms M's case but also involved extensive consultation with consular staff worldwide and with external experts, including specialist police groups, local authority independent sexual violence adviser and advocates, joint police/Department of Health Sexual Assault Referral Centres and NGOs such as Rape Crisis. Important changes are:
   
   
   • emphasising that safety is the overwhelming need of a victim
   • changing the terminology to reflect the fact that all sexual assault is serious
   • ensuring that the guidance addresses male victims of rape as well as women
   • linking in with torture and mistreatment guidance to acknowledge the specific lessons learnt from Ms M's case and that additional problems may arise when sexual assault is carried out by a member of the authorities.

   The FCO has also produced a workshop to accompany the new guidance which will give staff in consulates/embassies the knowledge and confidence they need to provide the right kind of help in the local environment in which they operate.

3. REDRESS was founded by a British torture survivor in 1992. Since then, it has consistently fought for the rights of torture survivors and their families in the UK and abroad. REDRESS takes legal challenges on behalf of survivors, works to ensure that torturers are punished and that survivors and their families obtain remedies for their suffering. REDRESS works with civil society groups around the world to eradicate the practice of torture once and for all and to ensure that survivors can move forward with their lives in dignity. It has intervened in a range of leading torture cases. More information is available at www.redress.org