A report was published yesterday into the abuse carried out by the late Jimmy Savile in NHS hospitals, the main focus being Stoke Mandeville Hospital. Kate Lampard, the barrister tasked with the job of providing independent oversight by the Secretary of State for Health, has come under fire for not addressing how mandatory reporting could have served to prevent much of the abuse from happening.
I look at the main findings of the report and discuss my aim of being granted another group action allowing me to further represent victims of abuse in Manchester children's homes.
View this blog at www.abuselaw.co.uk
Showing posts with label abuse in care homes. Show all posts
Showing posts with label abuse in care homes. Show all posts
Friday, 27 February 2015
Did Jimmy Savile abuse children in Manchester children's homes?
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Monday, 27 October 2014
Should Woolf resign from the National Historic Abuse Inquiry?
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| Fiona Woolf |
- I was surprised that the government chose Fiona Woolf to lead this enquiry as she does not have a history of representing the rights of the poor and oppressed members of Society, quite the reverse in fact because she has quite a history as a company and commercial lawyer. That is the wrong background for the head of an enquiry which is forseen as attacking the establishment and upturning stones under which we expect to find scandals.
- I was expecting someone like Keir Starmer or Michael Meacher QC. For all I know they were both approached and refused. After the disaster which followed the appointment of Lady Butler Schloss, one would have thought that more care would be taken this time.
- The point is that, although Fiona Woolf may be very capable, she does not have the respect and trust of the survivor community, hence the enquiry is doomed from the start. Whilst there are some very good other panel members who have collectively come from the former abusees and survivors of abuse, Ms. Woolf will be in charge of tactics and direction. So it will be up to her to decide whether
- It should be turned into a public enquiry.
- What documents should be demanded from government - that is crucial to uncovering the truth.
- The survivors obviously think that someone weak and lack lustre has been appointed so that the inquiry will never get to the truth because it will not adopt an aggressive and "won't take No for an answer" type of approach.
- I find it hard to believe that Teresa May has made a hash of this for a second time. Wouldn't you have thought she and the department would have done their homework first, as it has obviously led to an embarrassing appearance before the Home Affairs Select Committee.
- There should be a former judge, or at least someone who has chaired enquiries in charge.
- So what format should the enquiry take?
- It should be a Royal Commission along the lines of the Australian model which is a resounding success, which does have the respect of the survivor community. One can read about the enquiry here - http://www.childabuseroyalcommission.gov.au/
- They should look at the Irish Redress Board as a good model of an inquiry, which , despite some controversy, worked well for the victims. They had two arms - Commission of Inquiry, which heard allegations, some of which resulted in criminal prosecutions, and a Redress Board which heard applications for Compensation from Survivors. It was very victim focused and enabled the victim, who was at the centre of it all, to give live evidence, which was recorded. To read more, follow this link...http://www.rirb.ie
- Quite frankly I am glad I am not on the panel, because membership of the panel almost guarantees being pilloried by survivors whose vitriol and mistrust, which is quite understandable, will not assist it being a successful form of process.
- How long will Ms Woolf last - it looks as though she is here to stay with the full backing of government. She is also being supported by her fellow panel members, who have gone public to say that because there is such a broad spread of panel members with all the right characteristics, it doesn't really matter.
- I think that the Leon Brittain's allegations are really very secondary to the main issue which is the support and trust of the survivors, which, sadly is very lacking
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QualitySolicitors Abney Garsden
Wednesday, 4 June 2014
Knowl View Report & Council cover up reinforces the need for Mandatory Reporting Law
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| Knowl View, Rochdale |
Bearing in mind that there is not only a police investigation but also an independent enquiry being commissioned by the Council at the moment by Queens Counsel, this leaked information must be of some importance because otherwise it would simply have featured in the report when published.
As we at QualitySolicitors Abney Garsden act for a victim of the abuse, I do know that the abuse spans the 1960's, 70's, and 80s. The inspection in this case took place in 1991 - which was only a few years before the home closed in 1995. The question would be did any abuse take place after the report, and how long before the report, was the abuse happening with either the actual knowledge, or constructive knowledge of the home?
The points I made on the radio were:-
- I have been dealing with Children's Home abuse cases for 20 years and have never come across a report mentioning that abuse had actually taken place, then being covered up. Usually one only comes across evidence of a blind eye being turned to signs that children were not behaving normally or maybe a child who tried to disclose but did not quite manage to get everything out.
- This shows that the abuse was taking place quite openly at the home rather than happening in secret as usually occurs.
- This report will make the victims very angry that their complaints at the time were not responded to in the proper manner and that those in authority were engaged in a cover up.
- On the one hand it will make them angry because it will bring it all to the surface again. On the other hand it will please them that albeit many years later they have some chance of getting some justice.
- It reinforces the campaign for mandatory reporting, because if it had been possible to complain to an outside body rather than the report being internalised at Rochdale Council, there is a chance that something could have been done at the time, and the scandal uncovered.
- There is no criminal offence of failing to report suspicions of abuse and there should be. Those who buried the report should be held accountable for orchestrating a cover up.
- The police will only be able to prosecute the abusers if they are still alive rather than those who buried the complaints, who the victims often feel were more to blame.
For more detail on our mandatory reporting campaign see my separate blog on the subject here.
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Cyril Smith,
Knowl View,
Rochdale
Friday, 16 May 2014
Is it any surprise that more suspects have arisen in the Knowl View Rochdale Cyril Smith scandal?
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| Cyril Smith |
Apparently 7 men have made allegations to the police which will be investigated.
Police said the men claimed they were abused by Smith at Knowl View in Rochdale in the 1970s and 1980s.
Greater Manchester Police (GMP) said there were now 21 suspects, 14 of whom it had identified, including Smith.
Police said three new alleged victims of abuse at Knowl View have come forward bringing the total to ten. Seven of the 10 allege abuse by Smith.
Here at QualitySolicitors Abney Garsden, we act for one victim of severe sexual abuse at Knowl View. We are anxious to speak to anyone who can help us in any way with what went on there. In particular we would like to speak to other victims of abuse there, so that we can build our case and make it stronger. As the abuse happened many years we need as much corroborative evidence as we can find.
I appeared on BBC News North West to give my opinion. I was asked if it surprised me that more allegations had arisen. My reply was a little melodramatic that paedophiles hunt in packs. It is true, however that at most of the homes we have looked at from the 60's, 70's, and 80's, where abuse took place, there were more than one sex offender care worker operating at the home, at one time. Whether or not they all knew what other was doing is not proven but likely. Some have attempted to trace links in the past.
As Detective Inspector Terry Oates, from Warrington Police said to me in 1996 when was investigating Greytone Heath, a home infested with sex offenders, "I like golf so I go to a golf club to play. Paedophiles like children, so go somewhere they can find them. They don't have to operate sophisticated rings because the children are all there for them to abuse whenever they like."
At one time 41 out of 43 police forces in this country back in the late 1990's had a major children's home investigation in the area. Manchester investigated 66 homes, and Merseyside 89 homes to quote just two counties.
Here at QualitySolicitors Abney Garsden, we are not only looking at Knowl View, but Foxholes in Rochdale where abuse also took place. There are other issues with Rochdale which have captured the media. Whether or not there is something sinister about the town is difficult to prove.
One simply hopes that the victims get the justice they truly deserve after being fobbed off for so many years.
Thursday, 13 February 2014
Trawling rears its ugly head again
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| Bryn Estyn, Wrexham |
This is an old chestnut used in opposition to the care home investigations back in the 1990's, which resulted in a flawed Home Affairs Select Committee enquiry in 2003 at which many complaining care workers, who had been investigated by the police, suggested that they had been the victims of a witch hunt. In response to the enquiry's findings that trawling was a method which was the reverse of normal police methods whereby they wait for complainants to come to them, the Home Office rejected most of the findings.
The result was, unfortunately, that the police put child abuse investigations, particularly those concentrating on events from many years ago at the bottom of their list of priorities, until Mr Savile reared his ugly head. Suddenly it became a political priority, and something requiring much police attention.
Then we had the Rochdale Taxi Driver's case where a genuine complaint of sexual grooming was not proceeded with by the CPS due the reliability of the witness. There had been no investigation to see if there were others involved.A more thorough investigation in 2012/3 discovered that a gang was involved, something which was missed originally.
Then Keir Starmer, when he was in charge of the CPS, took the lead to find new ways of investigating allegations of abuse from the past saying that the police would concentrate on making the victims case better, and should look for evidence to support the claims - in other words he was not using the word "trawling" because of its connotations, but rather saying that there was nothing wrong with looking for corroboration.
Abuse is a crime which happens in secret where both the perpetrator and victim want to keep it quiet for different reasons, and where, if it is to be investigated properly, the police must take a pro-active approach to uncover the crime.
I was speaking at sexual grooming conference in Birmingham where the police involved were pointing out that the force had to go out looking for this sort of crime, because it would not come to them. Girls in a sexual grooming abuse ring would rather keep quiet for fear of being killed by gang members if they speak up.
Let me make it clear, I don't blame the police for the change in policy after the Home Affairs Select Committee enquiry. They were responding to political, and alleged abuser led pressure. There is always more crime to investigate than officers available.
I am afraid that Barry Sheerman appears to be speaking up for a constituent who seems to be on the wrong end of the new investigation into North Wales Care Homes - Operation Pallial. There is no doubt that the original investigation into abuse during the 1990's did not uncover all the allegations, and that a lot of victims, who were not able to disclose all those years ago for very good psychological reasons, are now coming forward.
Obviously the alleged abusers involved don't like it. That is no surprise.
I act for one of the North Wales victims who is part of Operation Pallial who is claiming compensation for the horrific abuse committed upon him. It is very easy to criticise the vulnerable. They generally don't fight back. Let us hope that this complaint doesn't get anywhere.
At the recent sentencing of Peter Wright, the headmaster at Caldicott Prep School who was just sentenced to 8 years imprisonment for his part in a paedophile ring, but more accurately for several acts of abuse at the school over many years, Judge Cutts QC, when referring to a previous flawed police investigation in 2003, commented "It is clear to me that the police fear of being accused of trawling for evidence prevented the proper investigation of this case at that time."
Any victim reading this who needs advice can contact our abuse department via our website http://www.abuselaw.co.uk/ or email us to reception@abneys.co.uk
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Peter Wright
Wednesday, 12 February 2014
Deadline set for Manchester home abuse victims to come forward
We are appealing
for people who were abused as children from the 1950’s to the 1990’s; in Manchester
City Council run homes, to speak out about the abuse they suffered. The appeal comes as a cut off date has been set in which claims for compensation can be
made as part of the largest ever
group action for alleged child abuse. The decision was made at a hearing brought by
Manchester City Council before the High Court in Manchester on 7th February. A cut off date has been set for 4pm on Wednesday 7th May 2014,
by which time any new victim must have started court proceedings.
In May 2009 we were given High Court
clearance to set up a second group of alleged victims who claimed they were
abused while in the care of the children’s homes run by the city council’s
social services from the 1950’s to the 1990’s.
The action centred on three main homes run by the City Council –
Rosehill in Northenden, Broomehouse in Didsbury and Mobberley Boys in
Knutsford. A Schedule of other homes where there have been allegations is listed below.
452 alleged victims have joined the Group to date and 275 cases have been settled for £2,042,510 in total . The lowest settlement is £1,100 and the highest is £30,000 with the average compensation pay out being around £7,427.31.
In 2007 we represented 168 claimants in the first group action in which we managed to secure compensation amounting to nearly £2,260,000. The group was originally formed in response to a massive police investigation launched by Greater Manchester Police code named “Operation Cleopatra” from Grey Mare Lane Police Station. Starting in 1997 and concluding around 2002, it investigated 66 children’s homes in Greater Manchester, and prosecuted a number of individuals. Manchester City Council Social Services Department ran most of the homes. Former Broome House warden and assistant director ofManchester social services Ronald Hall was eventually
jailed for 11 years, with deputy Ian Gray given 14 years and ex-social worker
Phillip Roe jailed for 12-and-a-half years.
The two Group Actions added together mean that the compensation paid out to date amounts to £4,302,510, which is the largest ever pay out in any abuse Group Action. The eventual payout is likely to be over £5 million once all the cases settle.
The decision to impose a cut off date now by the High Court was against what we were arguing on behalf of the victims. The Court decided to side with the Council. I was opposed to the idea because new Claimants are continuing to come forward in a steady stream. It is unfair that an arbitrary date has been set for 3 months hence. We have, however, to abide by the Court’s decision. It is very important that as much publicity as possible is given to this announcement because the Court also decided to prohibit any paid advertising, presumably to save the costs for the Council, who are having to foot the bill. If enough new Claimants come forward then we can make an application to the Court to put the date back even further.
If you think you have a case you can speak to one of our specialist male or female solicitors in complete confidence.
Schedule of
Homes
Seymour Road
Lynwood
In May 2009 we were given High Court
clearance to set up a second group of alleged victims who claimed they were
abused while in the care of the children’s homes run by the city council’s
social services from the 1950’s to the 1990’s.
The action centred on three main homes run by the City Council –
Rosehill in Northenden, Broomehouse in Didsbury and Mobberley Boys in
Knutsford. A Schedule of other homes where there have been allegations is listed below. 452 alleged victims have joined the Group to date and 275 cases have been settled for £2,042,510 in total . The lowest settlement is £1,100 and the highest is £30,000 with the average compensation pay out being around £7,427.31.
In 2007 we represented 168 claimants in the first group action in which we managed to secure compensation amounting to nearly £2,260,000. The group was originally formed in response to a massive police investigation launched by Greater Manchester Police code named “Operation Cleopatra” from Grey Mare Lane Police Station. Starting in 1997 and concluding around 2002, it investigated 66 children’s homes in Greater Manchester, and prosecuted a number of individuals. Manchester City Council Social Services Department ran most of the homes. Former Broome House warden and assistant director of
The two Group Actions added together mean that the compensation paid out to date amounts to £4,302,510, which is the largest ever pay out in any abuse Group Action. The eventual payout is likely to be over £5 million once all the cases settle.
The decision to impose a cut off date now by the High Court was against what we were arguing on behalf of the victims. The Court decided to side with the Council. I was opposed to the idea because new Claimants are continuing to come forward in a steady stream. It is unfair that an arbitrary date has been set for 3 months hence. We have, however, to abide by the Court’s decision. It is very important that as much publicity as possible is given to this announcement because the Court also decided to prohibit any paid advertising, presumably to save the costs for the Council, who are having to foot the bill. If enough new Claimants come forward then we can make an application to the Court to put the date back even further.
If you think you have a case you can speak to one of our specialist male or female solicitors in complete confidence.
Rosehill
Broomehouse
Mobberley
Boys Home
Glendene
Ellerslie
Buglawton Hall
Taxal Edge
Various Family Group Homes
Tuesday, 4 February 2014
Is there a new wave of abuse compensation claims?
This is the question I was asked by a researcher from BBC Wales who referred me to two articles on the BBC News website. She was wondering if things were changing because of all the publicity, and perhaps that local authorities would not be able to afford claims for massive damages akin to the American system. The answer to the question is simply that because of all the publicity more people are coming forward to the police wanting to prosecute their abusers, and to lawyers, wanting to pursue claims for abuse against either their abuser of his/her employer if appropriate.
The two articles I was referred to were "Lawyers seek US-style damages for abuse at public schools" which is an article sourced by some American Lawyers who have come over from the States, where damages are many times higher in value than in the UK, not just in the field of abuse, but also generally. This is for two reasons:-
The two articles I was referred to were "Lawyers seek US-style damages for abuse at public schools" which is an article sourced by some American Lawyers who have come over from the States, where damages are many times higher in value than in the UK, not just in the field of abuse, but also generally. This is for two reasons:-
- American Lawyers are paid a percentage of damages - as high as 40% in some cases on what is called a contingency fee basis - now legal in England since April 2013 but in a slightly different form - damage based agreements.
- Juries often assess damages - their view of how valuable a case is often tops to some degree what a conservative judge might think.
The other article announced that a group of 10 new claimants had come forward to make claims against Cardiff County Council for abuse committed by an employee called David Leighton Davies who had been convicted for offences at Cyntwell High School in Ely as long ago as 1977. The article made it clear that it was the insurers were responsible for meeting the awards, but still there was a worry that it might affect the finances of a local education authority.
My points were:-
- The attitude of the police to investigating past incidents of abuse has changed radically due to new guidelines brought out by Keir Starmer, and in response to cases like Jimmy Savile.
- There is a feeling by the authorities that celebrities were allowed license to abuse young girls in the gaze of those in authority many years ago, and that this should never happen again - hence Operation Yewtree and the many prosecutions of celebrities presently taking place.
- More disclosures of abuse is a good thing. Victims should not have to keep their secrets hidden for fear that the events were their fault, or that they will not be believed.
- Disclosure can be painful, but is better out than in. There is an abundance now of support by way of counselling and charitable groups that can assist any individual go through the process.
- It is now much more acceptable to admit that someone has been abused in childhood, indeed it is commonly on the news almost daily. Most victims remain, however, ashamed and silent. It is understandable.
- What we are now witnessing in the media is still the tip of the iceberg.
Monday, 13 January 2014
Abuse Enquiry announced in Northern Ireland
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| Sir Anthony Hart |
The enquiry is an opportunity for the victims of abuse ate Northern Irish Care Homes to be heard. It is fundamentally important that the many years of silence is broken and that the victims are listened to.
In his opening remarks, the chairman of the inquiry, Sir Anthony Hart, said it would try to establish if abuse in children's homes was systemic.
He said he hoped those who had given evidence to the inquiry "will have the satisfaction of knowing that their experiences are being listened to and investigated".
Sir Anthony said many of the witnesses had told the inquiry that when they made complaints in the past they had been ignored.
He said where the inquiry believes criminal offences have taken place it will pass the evidence onto the police.
At the office, QualitySolicitors Abney Garsden have dealt with several complaints of abuse at Northern Irish Care Homes, which have proceeded independently of the enquiry through the civil courts.
The enquiry has clearly been announced after vociferous efforts have been rightfully made by victims of abuse, but more importantly as a direct reaction to the enquiries in Southern Ireland, where there were two types of enquiry explained in more detail on our Irish Survivor's site
- The Irish Commission - this sat in Dublin and heard evidence from victim - much like the Northern Irish enquiry just announced. It had no power to prosecute or punish anyone, but could refer criminal allegations to the police.
- The Irish Redress Board ("RIRB") now closed - was opened in 2002 and closed in 2005. It was set up to pay compensation and legal costs to the victims of abuse by institutions connected with the Irish State - the entire care and school system was set up in partnership with the Church and various voluntary bodies. This followed an apology by the Taoiseach of Ireland for the abuse committed by the state upon its children whilst in its care.The RIRB used a point scoring system in order to determine the amount of compensation offered.
Institutions under investigation
Local authority homes:
- Lissue Children's Unit, Lisburn
- Kincora Boys' Home, Belfast
- Bawnmore Children's Home, Newtownabbey
Juvenile justice institutions:
- St Patrick's Training School, Belfast
- Lisnevin Training School, County Down
- Rathgael Training School, Bangor
Secular voluntary homes:
- Barnardo's Sharonmore Project, Newtownabbey
- Barnardo's Macedon, Newtownabbey
Catholic Church-run homes:
- St Joseph's Home, Termonbacca, Londonderry
- Nazareth House Children's Home, Derry
- Nazareth House Children's Home, Belfast
- Nazareth Lodge Children's Home, Belfast
- De La Salle Boys' Home, Kircubbin, County Down
Whilst the Commission will hear and investigate valuable evidence, it remains to be seen what further powers the body will have.
It was said that the Redress Board was set up in the Southern Ireland as a more efficient alternative to the Courts. If the victims were expected to take all their cases through the Eire Courts system, it would have taken many years to process their claims, as the Court would become clogged up with all the allegations.
The institutions were approached, and agreed to part with considerable sums of money by way of a contribution to the cost of setting up and running the Irish Redress Board.
It is regrettable than no alternative to the court system appears, to date, to have been set up in Northern Ireland, laudable though the Commission obviously is.
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Friday, 3 January 2014
Caldicott Prep School convicts Headmaster but ignores previous conviction.
PRESS RELEASE ISSUED 18th December 2013
Leading child abuse solicitors, QualitySolicitors Abney Garsden have
launched an appeal for evidence which may help to support a claim of
sexual abuse by a former headmaster at Caldicott School in
Buckinghamshire. The 83 year old former headmaster, Peter Wright was
yesterday convicted of multiple sex offences against pupils at the
school. Caldicott was attended by a string of high profile individuals
including Deputy Prime Minister Nick Clegg and Andrew Strauss, the
former England cricket captain.
The firm of solicitors are asking members of the public, witnesses and victims to come forward with any information that may help them pursue a claim for compensation against convicted Peter Wright. Their client, 60 year old Tom Perry from Buckinghamshire who was sexually abused by Peter Wright when he was just a 12 year old school boy, has been fighting for justice for over ten years. Mr Perry, who was sent to Caldicott at the age of 8 in 1963 says the sexual attentions by former headmaster, Peter Wright, began when he was vulnerable, missing family life and craving intimacy and kindness. In 2003 the former headmaster was charged with 16 offences against five boys at Caldicott during the 1960s, but the ruling judge halted the case, on the grounds that it was an unfair trial due to the historical nature of the abuse, and set Wright free.
Peter Garsden, solicitor representing Tom Perry said: “I am delighted for all the victims of abuse at Caldicott who were abused by Peter Wright, convicted yesterday of various sex offences against former pupils. They will feel relieved that after many years, they have finally been believed and achieved some semblance of justice. Some of them, however, did not have the benefit of a conviction in their favour for legal and technical reasons. I act for one of them. We will now proceed with all speed to make claims for compensation against Mr Wright, and any others who may be involved.
The school were, of course, guilty of ignoring complaints and misleading the authorities in the past that could have stopped the abuse from continuing. I am anxious for any former pupils or staff, who can give any useful evidence of what happened to come forward, even if they were not involved in the case. Any information will be of use to our civil case.”
The date for the sentencing hearing has been confirmed as 6th February 2014.
This case is yet another example of how mandatory reporting could have prevented abuse from taking place over such a long period of time unchecked. The safeguarding the school have now is highly praised, designed, perhaps, in response to the unfolding scandal that has beset the school
Also of interest is the fact that Peter Wright was prosecuted unsuccessfully in 2003 on the basis of several complaints made by other boys who went to the school. The presiding Judge Connor decided that there was no basis for the prosecution to go forward because of the age of the allegations, and other matters. Curiously, a different judge, 10 years later decided that the case could now proceed, but on different allegations.
The prosecution is a testament to the many victims who have campaigned tirelessly to get the case back in Court. This time much more effort and resources were assigned to the case by the police, no doubt owing to the change in police attitude to these types of case.
A further side issue relates to an allegation that the Defence knowingly misled the Court back in 2003, thus entitling the victims to have the previous stay of the 2003 proceedings lifted.
We will await with interest what happens to the case at the time of sentencing, and beyond.
Any witnesses should contact QualitySolicitors Abney Garsden either by email or via our website http://www.abuselaw.co.uk/
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| Peter Wright in Court |
The firm of solicitors are asking members of the public, witnesses and victims to come forward with any information that may help them pursue a claim for compensation against convicted Peter Wright. Their client, 60 year old Tom Perry from Buckinghamshire who was sexually abused by Peter Wright when he was just a 12 year old school boy, has been fighting for justice for over ten years. Mr Perry, who was sent to Caldicott at the age of 8 in 1963 says the sexual attentions by former headmaster, Peter Wright, began when he was vulnerable, missing family life and craving intimacy and kindness. In 2003 the former headmaster was charged with 16 offences against five boys at Caldicott during the 1960s, but the ruling judge halted the case, on the grounds that it was an unfair trial due to the historical nature of the abuse, and set Wright free.
Peter Garsden, solicitor representing Tom Perry said: “I am delighted for all the victims of abuse at Caldicott who were abused by Peter Wright, convicted yesterday of various sex offences against former pupils. They will feel relieved that after many years, they have finally been believed and achieved some semblance of justice. Some of them, however, did not have the benefit of a conviction in their favour for legal and technical reasons. I act for one of them. We will now proceed with all speed to make claims for compensation against Mr Wright, and any others who may be involved.
The school were, of course, guilty of ignoring complaints and misleading the authorities in the past that could have stopped the abuse from continuing. I am anxious for any former pupils or staff, who can give any useful evidence of what happened to come forward, even if they were not involved in the case. Any information will be of use to our civil case.”
The date for the sentencing hearing has been confirmed as 6th February 2014.
This case is yet another example of how mandatory reporting could have prevented abuse from taking place over such a long period of time unchecked. The safeguarding the school have now is highly praised, designed, perhaps, in response to the unfolding scandal that has beset the school
Also of interest is the fact that Peter Wright was prosecuted unsuccessfully in 2003 on the basis of several complaints made by other boys who went to the school. The presiding Judge Connor decided that there was no basis for the prosecution to go forward because of the age of the allegations, and other matters. Curiously, a different judge, 10 years later decided that the case could now proceed, but on different allegations.
The prosecution is a testament to the many victims who have campaigned tirelessly to get the case back in Court. This time much more effort and resources were assigned to the case by the police, no doubt owing to the change in police attitude to these types of case.
A further side issue relates to an allegation that the Defence knowingly misled the Court back in 2003, thus entitling the victims to have the previous stay of the 2003 proceedings lifted.
We will await with interest what happens to the case at the time of sentencing, and beyond.
Any witnesses should contact QualitySolicitors Abney Garsden either by email or via our website http://www.abuselaw.co.uk/
Wednesday, 16 October 2013
The Police interview of Jimmy Savile shows what a manipulative paedophile he was
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| Savile with OBE |
Well, what are the necessary tools which a paedophile needs to hoodwink, groom and then abuse a child?
Fundamentally, child abuse is an opportunity and desire by a sex offender to abuse whatever power he has to entrap a victim.
- Charm - no child will go off with a dirty old man in a mack.
- Persuasion - but not in a dominant or bombastic way - with guile and intrigue, possibly some humour.
- Manipulative - he has to have this in spades. Not only does he manipulate his victim, but also all those around the child who might protect him/her from harm. So how does the manipulation work?
- Savile had persuaded them not to interview him at the police station, which presumably was in Surrey, but rather on his home turf at Stoke Mandeville Hospital, where he was more in control of the situation than he would have been if he had been interviewed at a police station in Surrey. The HMIC said it was wrong to allow Savile to choose where and when his ‘ineffective’ interview took place.
- He quickly takes over the conversation, in order to avoid having to answer difficult questions by simply making a speech, which was nothing more than a self image boasting rant, designed to convince his interviewers that all the serious allegations of sexual abuse did not amount to anything they should even investigate.
- His tone is overtly casual, relaxed and fluent, but has an undercurrent of malevolence and threats, which are intended to hint at how much power he has to make life difficult for the police if they misguidedly decided to prosecute him.
- He says he has friends in high places not only with the police in Leeds whom he shares his threatening letters. He implies they share his view that these girls are just after some money by making false allegations against him.
- He refers to the girls as midges who chase him, and "you can brush them away like midges and it's not much of a price to pay for the lifestyle." What greater image of ultimate power is there than a large human swatting a midge. This just makes him sound more powerful.
- He refers in the interview to being able to sue newspapers who cross him, or indeed anyone who gets in his way. He even suggests that they police could end up taken by Savile to the Old Bailey if they are not careful.
- Ironically he emphasises his power, belittles his victims saying they are like flies who buzz around him for attention, whom he can pick and choose at will by virtue of his incredibly powerful celebrity status.
- In typical paedophile fashion, he blames the victims for lieing and simply being interested in his celebrity status and money, which they need for "Christmas". He says his blackmail and threats do get worse at the season of "goodwill".
Abuse of power is a very dangerous thing. Countries have been dictated and fallen because of its evil side effects. It is like any quality. In extremis it is frightening.
Labels:
abuse compensation,
Abuse enquiry,
abuse in care homes,
abuse lawyers,
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abuse victims,
child abuse,
historic child abuse,
Jimmy Savile,
paedophile,
sex offender,
sexual abuse,
sexual violence
Monday, 29 April 2013
Is the North Wales recent report into abuse a surprise?
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| North Wales Police warned sex offenders |
It was thus no surprise that the victims thought there had been a cover up, when they maintained that abuse outside the children's home in a pub in Wrexham by visiting paedophiles had been ignored by the Waterhouse enquiry. The fact was that the enquiry did not have the budget to be as wide spread as it would have liked. They thus set the boundaries as abuse in children's homes rather than outside of the homes. This angered the victims and led them to believe that there was a definite attempt to cover up the abuse of well known individuals. The leakage of a name was fatal to the BBC as we all heard.
I am sitting in the Green Room at the BBC in Salford, having just done an interview as the President of the Association of Child Abuse Lawyers. The interviewer was concerned that the victims are unlikely to get prosecutions and thus justice due to lack of resources. Will the message get through to the victims? I doubt it to be honest. Will they be angry? Definitely. They have had the courage to come forward, yet they will not be successful in getting justice before the criminal courts.
It is made clear in the BBC report that the enquiry led to "140 allegations of historical abuse between 1963 and 1992.
Seventy six new complainants have also come forward.
The claims centre on 18 homes involving offences against boys and girls aged between seven and 19.
A total of 84 suspected offenders have been named - 75 male and nine female. Of these, 16 have been named by more than one complainant.
It is believed that 10 of the 16 may be deceased."
The problem is of course that the abuse happened many years ago - like Savile - the alleged abuser is dead. Thus there is no possibility of a prosecution and no justice for the victims.
Unless they go to civil lawyers to claim compensation. It is common for Claimants to come forward because the police cannot prosecute. Their burden of proof is different to ours -
The Police - "Beyond reasonable doubt"
Civil Claims - "On the balance of probabilities"
We have brought many claims against the employers of abusers who are themselves dead. It all depends upon the preponderance of the evidence - and strength in numbers. The longer ago it is the more difficult the task.
Never say never. We specialise in winning the un-winable.
We have a specialised helpline for the victims of abuse 0845 604 7075
Sadly and understandably, many victims will have had enough and retreat back into their caves of inner contemplation that they have been living in ever since the abuse took place. Lonely and dank though the cave is, it is safer than the outside world of disclosure and pain.
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