Who's being lined up to replace Butler-Sloss in the abuse inquiry?

Resigned - Lady Butler-Sloss

I have been speaking on BBC Radio Manchester and BBC News 24 about Lady Butler-Sloss’s resignation as appointed Chair of the abuse inquiry panel.  The panel was appointed last week to examine the extent to which public institutions failed to investigate allegations of child abuse.  Her resignation came after she faced tremendous pressure from victims’ groups because of a conflict of interest due to the fact that her brother, the late Sir Michael Havers  was Attorney General during the 1980’s which was the period due to be examined by the panel.

I think:- 

• The decision to appoint a person to lead the enquiry was too hurried, yet had been proposed for at least 18 months. Not enough research was done by the government.
• Lady Butler Schloss has much experience of leading enquiries but is now 80 - whilst she has a razor sharp mind this enquiry would have taken several years. Would it be expecting too much of her?
• She has led the Cleveland enquiry which was somewhat controversial in its outcome. Children who allegedly had been abused were returned to their allegedly abusive parents. The process of evidence collection was found to be flawed and Social Services were heavily criticised. The outcome of the Princess Diana inquest was also controversial. She was criticised for holding an inquest without a jury.
• Whilst her competence and ability is undoubted, however, the perception of the survivor group is more important than anything.
• The one thing which survivors of abuse hate is the abuse of power of the state or indeed any public authority. Any suspicion publicly aired makes Lady Butler Schloss's role untenable, sadly, as I am sure she would have done a good job.
• Victims of abuse have witnessed at a young age the abuse of power of an adult whom they trusted. Thus it becomes a typical feature of their personality that they distrust authority intensely. She are also, usually, over protective of their children, and tend to over risk assess situations.

The former judge issued a statement announcing that she would withdraw from the post.  She said that she had been honoured to be invited to chair the inquiry but commented: "It has become apparent over the last few days, however, that there is a widespread perception, particularly among victim and survivor groups, that I am not the right person to chair the inquiry. It has also become clear to me that I did not sufficiently consider whether my background and the fact my brother had been attorney general would cause difficulties."

Theresa May, who had appointed Butler-Sloss last week has strongly defended her against criticism, she said: "I am deeply saddened by Baroness Butler-Sloss's decision to withdraw but understand and respect her reasons. Baroness Butler-Sloss is a woman of the highest integrity and compassion and continues to have an enormous contribution to make to public life.

"As she has said herself, the work of this inquiry is more important than any individual and an announcement will be made on who will take over the chairmanship and membership of the panel as soon as possible so this important work can move forward."

Asked about her successor, Mrs May said she still favoured appointing a single individual to head the over-arching inquiry rather than a panel of experts urged by Labour and some abuse victims.

She said she hoped to name a new candidate "within a reasonable amount of time" but said whoever was approached would need to "think carefully" about the nature of the role.

My choice would be Keir Starmer - why:-

• He has led a drive to change the way the Crown Prosecution Service investigate historical abuse.
• He is in favour of Mandatory Reporting (a change in the law to make it illegal to ignore and not report signs of abuse)
• He is an eminent lawyer and QC.
• He appears to be well balanced.
• He is now independent in that he is back to being a practising barrister, having resigned from the CPS.

Will victims voices be properly heard in the new child abuse inquiry?

Teresay May's Parliamentary announcement

In the last few days, there has been prolific media coverage regarding child abuse investigations and inquiries into historical abuse allegations in institutions around the UK. 

The home secretary has announced a wide-ranging, Hillsborough-style inquiry into historic child sex abuse claims, “to consider whether public bodies and other non-state institutions have taken seriously their duty of care to protect children”.  Baroness Butler-Sloss was announced on Tuesday as head of this inquiry, the details of which are still being scoped.

It’s thought likely to be a documentary inquiry rather than hearing from actual witnesses. If this is the case then the victims of abuse will not be heard, which in my experience as an abuse lawyer, is exactly what survivors of abuse desire the most, to be listened to.

In my view, in order to arrive at an ideal format for the inquiry, perhaps they should look at the institutional abuse inquiries in Northern and Southern Ireland.  They should select the best parts of each of these, both of which heard from survivors, who after all are at the core of the matter. I have already blogged about this subject here and here

The Home Office review is an investigation into the handling of documents relating to claims of a paedophile ring at Westminster in the 1980s.  Home Secretary Theresa May has appointed the head of the NSPCC, Peter Wanless to lead an investigation, the results of which is expected within 10 weeks.

When this inquiry was announced I was asked by various radio and TV news programmes for my views on it as an abuse lawyer.

Before it was announced that the inquiry would be led by the NSPCC, it was initially said that it would be a lawyer led inquiry.  I wonder whether the charity will have enough powers to carry out all that is required, for example, being able to demand access to documents held by government.  If the inquiry is to be forensic in nature, as I believe it should be, is the CEO of a charity the right person to deal with it?   Wouldn’t it be better led by a judge who is more likely to have a forensic approach to tracing documents and what has become of them?

Teresa May said she could turn it into a public enquiry if Peter Wanless thought it appropriate. Why not announce a public enquiry straight away? At least then everything would be out in the open, and much needed transparency achieved.

If the enquiry is not public then the chances of a further cover up being suspected are that much more likely.