Time for Dame Lowell Goddard to explain why she quit

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Dame Lowell Goddard giving evidence to House of Commons home affairs committee today. Pic credit: BBC

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The shock decision of Dame Lowell Goddard to quit the child sex abuse inquiry has been compounded by her very terse statement on why she resigned. See here Dame_Lowell_Goddard_letter

Survivors have been suddenly let down  by someone who only two years ago committed herself to a five year comprehensive inquiry that would cover every aspect of child sex abuse from VIP paedophiles to institutions as varied as children’s homes, religious orders,  schools and colleges.
It already has a packed programme  including a controversial hearing of the facts surrounding the allegations against Lord Janner; the scandal in Rochdale around Sir Cyril Smith, Lambeth Council, the Roman Catholic Church and the Church of England to name but a  few. It was also, I understand, to look at the Westminster paedophile ring and Operation Midland but not until 2018.

So her decision to leave at this crucial moment when the inquiry was starting to get into its stride is more perplexing. Her statement today in full  read :

“I announce with regret my decision to resign as Chair of the Independent Inquiry into Child Sexual Abuse, effective from today.

“When I was first approached through the British High Commissioner in Wellington in late 2014, and asked to consider taking up the role, I had to think long and hard about it. After carefully discussing the matter with the Home Secretary and her Officials and seeking the counsel of those people in New Zealand whose opinions mattered to me, I decided that I should undertake the role, given my relevant experience and track record in the area.  It was however an incredibly difficult step to take, as it meant relinquishing my career in New Zealand and leaving behind my beloved family.

“The conduct of any public inquiry is not an easy task, let alone one of the magnitude of this. Compounding the many difficulties was its legacy of failure which has been very hard to shake off and with hindsight it would have been better to have started completely afresh.

“While it has been a struggle in many respects I am confident there have been achievements and some very real gains for victims and survivors of institutional child sexual abuse in getting their voices heard. I have nothing but the greatest of respect for the victims and survivors and have particularly enjoyed working with the Victims and Survivors Consultative Panel which I established.”

What I find particularly perplexing is her implication that she should never have been appointed to continue the inquiry in the first place. If suggests that she did not think things through.

The inquiry following the resignations of Baroness Butler Sloss and Fiona Woolf because of conflicts of interest had already been remodelled – changing it from an independent panel to a  statutory judicial inquiry. Its work  and costs have gone up enormously and Lowell Goddard, as The Times pointed out, has taken time off and obviously misses her family.

The volume of work must be enormous – I know from sitting on a much smaller independent panel myself which I cannot talk about – that historic inquiries generate masses of documents.

In the child abuse area  a chair also needs to have a tough skin and a focused mind – since he or she is entering a minefield of controversy – and will face a barrage of complaints from a small but vocal minority who don’t believe that most of the child abuse took place – and most survivors are liars or bounty hunters.

Remember there are websites  devoted to the idea  that Jimmy Savile was totally innocent and everything has been made up by disturbed people. After all as Dame Janet Smith found the BBC either didn’t know or couldn’t bring itself to believe that he was a paedophile.

Therefore it seems to me that if she thinks there is something wrong in the process she should say so and she owes  the public who paid her a lot of money to chair this inquiry a full and frank explanation.

Reports suggested to me that her decision to go was not sudden. She has been seen as a little distant from event ( and not just physically ). There have been suggestions that Home Officials have tried to capture the direction of an independent inquiry and other suggestions that Ben Emmerson, the counsel in charge of the inquiry, may have had too much power.

Whatever happened we need a full explanation. And action from the Home Office and Theresa May, the PM who originally set up the inquiry as home secretary to make sure investigations and hearings go ahead regardless.

As I am the only person made redundant from Exaro who has a personal website – I intend to continue reporting on child sex abuse issues here and on Byline.com. Those who wish to keep abreast of developments should follow this blog or keep an eye on  Byline.com.

 

 

 

 

 

Exaro: Survivors and witnesses details safeguarded

There have been rumours on the internet that details of survivors and witnesses have been leaked from Exaro following its sudden closure last week.

This is to tell you that both I and Mark Conrad have received full assurances that all information not only affecting  our child sexual abuse allegations but  a wide area of other investigations have been safeguarded as required to comply with privacy and data protection laws. Anyone suggesting anything to the contrary is wrong.

 

 

A disturbing child sex abuse case that raises awkward questions about insurers

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Justice Lowell Goddard giving evidence to House of Commons home affairs committee. Pic credit: BBC

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My colleague Tim Wood reveals on the Exaro website today a damning story about how a victim of historic child sex abuse was failed by the Church of England because it took more notice of its insurers than survivors of abuse.

Joe as he was publicly known eventually won £35,000 in compensation over a case involving abuse by a church official dating back to the 1970s.

As Tim Wood  writes on Exaro: ” Joe claims that the church initially put financial considerations above its duty of pastoral care when handling his case, and called on the Church of England to do more to help abuse survivors.

Joe told Exaro: “The church should stop seeing child sex abuse survivors through a corporate lens and start viewing us through a theological lens of healing and justice.”

In an emotional letter to the Right Reverend Paul Butler, the Bishop of Durham, Joe claims that the church played out a “monstrous charade” in initially trying to close down his case.

The letter, written in April and seen by Exaro, claims that the Ecclesiastical Insurance Group (EIG), founded by the church in 1887, administered Joe’s case and started what he describes as a “damage limitation process.” Joe also claims that Bishop Butler, the Church of England’s head of safeguarding, was complicit in the strategy and began “blanking him” despite appeals for help.

To his credit Bishop Butler  who is head of the Church of England’s safeguarding body has apologised to Joe saying : ” “I am also extremely sorry that when the solicitor’s letter arrived regarding a claim, I did not over-rule the legal and insurance advice I received regarding having no further contact with you. I should have made it clear it would have been better to maintain contact.”

And the insurance company has also said it was misunderstood and didn’t intend to interfere with pastoral care.

However there is a wider question about the role of insurance companies and suppressing allegations of child sexual abuse.

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Ann Clwyd, the Labour Mp for the Cynon Valley, has been campaigning for changes in the law to prevent insurers putting up road blocks in investigating child sex abuse in council run homes.

Last year she secured a debate in the Commons in  which she said that reports into abuse in homes run by the former Clwyd County Council had been “prevented from publication by the council’s insurers.”

Ms Clwyd said: “[The] council did not allow the inquiry to place a notice in the local press seeking information because this was considered to be unacceptable to the insurers. It’s interesting that the insurers of the county council were also the insurers of the North Wales Police.”

Describing how the report was then “suppressed”, she said only 12 copies were made and it was “virtually unseen by committee or council members”. She argued that if it had been published “it would have sounded alarm bells and things would have moved much faster”.

She added: “It was not until July 2013 that the redacted version of the Jilliings report was finally published after a request by the BBC under the Freedom of Information Act.”

So far ministers have not taken any action despite a recommendation by the Law Commission  way back in 2004.

This seems to be to be an ideal issue to be taken up by  the Goddard inquiry into child sexual abuse. And the Church of England case appears to be yet another example that should be investigated.

Is social media fuelling hatred and contempt in Britain?

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The late Jo Cox MP. Pic credit: BBC

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The killing of MP  Jo Cox has caused many people to pause and question whether political debate is becoming too callous and extreme because of the  way social media and Twitter in particular encourage polarised views.

Today’s Inforrm blog carries a very thoughtful article from Sharon Coen, a senior lecturer in media psychology at Salford University. Her article as you can see here is mainly framed about political debate.

However what she says says about politics can easily be extended to the way trolls treat women and survivors of child sex abuse.

As she says on politics: “The adversarial communication style we see in politics today is certainly counterproductive and polarises opinions. Disagreement is great and is at the heart of democracy. But, as political scientist Susan Bickford argues, it is only by really listening to other people’s positions, not just discarding them, that the democratic process can be successful. And – as in face to face interaction among politicians or televised debates – the internet has proved so bad at enabling people to listen to each other that there are now attempts to redesign the way we communicate online to make us better listeners.”

On social media she says:

“Social media …is a double-edged sword. On the positive side, it fosters political engagement both on and offline. For example, in a small (unpublished) study I conducted, I found that when people used the internet to debate and comment on news online, they were also more likely to be politically active in the real world. Again, this is in line with other research in the area.

“But (my emphasis in bold) social media also fosters polarisation. People tend to connect to like-minded people – and engage with content that reflects their pre-existing attitudes and beliefs. Social media focuses political debate even further around individuals who have active profiles on social media sites. It can effectively put a big neon target on them, attracting more personal abuse from those who disagree with them.”

She goes on:”The recent launch of the Reclaim the Internet campaign has highlighted the amount of abuse individuals (and women in particular) are subjected to online. The issues of cyberbullying and cybermisogyny are ones that deserve serious consideration for the negative impact they can have on the recipients of such abuse.”

In my view this aggressive stance by some people – often more aimed at women than men – is becoming particularly nasty with MPs like Jo Cox (before she was killed) and Jess Phillips, Mp for Birmingham, Yardley, being recent targets.

I am also thinking of child sex abuse survivors like Esther Baker – whose allegations are the current subject of a police investigation – who has suffered egregious abuse on line from people who claim not to beleive her.

It is time that these bullies and cowards put up and shut up. They should think before they tweet. Would they say  that to a person’s face in public? If not why say it on line behind some anonymous or not so anonymous twitter handle? Their actions also encourage  more hate and division but most of them are not man enough ( yes they are mostly men!) to stand up in public and say what they think.

The problem  is that this type of behaviour is beginning to have nasty consequences and turning this country into a nasty place to live.

 

Leak of Dame Janet Smith report on Savile and the BBC nominated for national media award

My  set of stories for Exaro News earlier this year revealing the contents of Dame Janet Smith’s report on Jimmy Savile’s activities at the BBC  has been nominated for a national media award.

The series of stories have been short listed in the breaking news story of the year  for next month’s Drum On Line Media awards – pitching it against TV coverage of the Shoreham air crash , the Alton Towers disaster and the BBC’s coverage of the Paris terror attacks.

The report which was highly critical of the culture at the BBC that allowed  Jimmy Savile to flourish. By the day after Exaro published the report every national paper was carrying the story.

The leaked report revealed how Dame Janet Smith, the retired judge who led the review, condemned BBC culture over Savile’s paedophile activities at the Corporation. She criticised the BBC for a “very deferential culture”, its “untouchable” stars and “above the law” managers.

In a series of articles, Exaro revealed how BBC employees were too afraid to report Savile to managers, and how BBC people feared blowing the whistle even more now.

The series of articles also exposed a BBC culture where celebrities were treated with “kid gloves” while managers drank heavily, and how the Smith review warned that “a predatory child abuser could be lurking undiscovered in the BBC even today.

The series of 22 stories published on the same day revealed how more than 100 BBC employees told Smith that they heard about Savile’s predatory sexual conduct, and how the review raised evidence of sexual abuse at Top of the Pops that went far wider than Savile.

Exaro also published more than 37,500 words of extracts from Smith’s entire report.

I have no idea whether  we will win the award but the short listing of the  Exaro articles show that investigative journalism is still alive at a time when Exaro has taken criticism from other national media for its coverage of other controversial issues like the child sex abuse scandal.

I would also like to pay tribute to my brave source and my colleagues at Exaro particularly Alex Varley Winter. Without the leak of the story people would not have been so well informed on the day when the report was published and Dame Janet Smith had to account for her report and the BBC director general, Tony Hall, had to explain what he was going to do about it.

 

Is Lowell Goddard moving towards a ” Show Trial ” over the Westminster Paedophile Ring?

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Justice Lowell Goddard giving evidence to House of Commons home affairs committee today. Pic credit: BBC

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Last month I  highlighted Ben Emmerson’s opening address to the Goddard Inquiry in which the leading counsel raised the argument of examining false accusations of child sex abuse and finding  against those who made them – effectively putting ” survivors on trial “.

I wrote: “this threat …must be very real for survivors who may want to give evidence in highly contentious cases. If  it does – sometime down the route – look at the Westminster paedophile ring – will ” Nick ” be expected to testify and face questions from lawyers for Harvey Proctor  who is alleged to be his abuser ( and vociferously denies it)- at the risk that a ” court” will decide he could be publicly condemned for going to the police in the first place.”

Now Lowell Goddard has confirmed this in an otherwise finely balanced statement issued surprisingly on All Fools Day ( but then she is a New Zealander and may not have known).

In it she says:

“. I am committed to ensuring that we hear all relevant testimony, including from victims and survivors as well as from those affected by false allegations of abuse. As I announced in November last year, the Inquiry intends to explore the balance which must be struck between encouraging the reporting of child sexual abuse and protecting the rights of the accused.  

I am determined to get the process of the Inquiry right.

I will ensure that all relevant evidence is considered. As is standard practice in public inquiries, questions to witnesses will normally be asked by Counsel to the Inquiry whose role will include, where necessary, the exploration of witness credibility. Affected parties will not ordinarily be permitted to ask questions of witnesses directly, but as I said in my Opening Statement in July 2015, affected parties are entitled to make an application to ask direct questions and I will grant those applications if fairness requires it. “

Yes there is a point here but the press seem to have immediately interpreted this to mean that  Harvey Proctor will have his day in court so he can condemn ” Nick” and ” Nick’s ” credibility will be judged by Lady Goddard and Ben Emmerson.

I am not going to comment further on Proctor’s case  but  draw attention  to another scenario.

Dame Janet Smith’s conclusion on the Jimmy  Savile scandal at the BBC concluded that  paedophiles were both very clever and manipulative ( Harvey Proctor’s lawyers please note this is not a reference to him).

Now just imagine if Bishop Peter Ball had appeared before Goddard after he had been first cleared but well before his recent conviction as a sex offender in a fresh police investigation.

Justice Goddard and Ben Emmerson would have heard what a decent and well respected chap he was from George Carey, Archbishop of Canterbury, Tory Mp, Tim Rathbone, Lord Justice Lloyd and ex Tory minister Sir Tim Renton. What chance would any  survivor have against such a phalanx of the great and good to be ” credible” let alone ” credible and true”. I can just imagine the line of questioning from Ben Emmerson and he wouldn’t be hauling the former Archbishop of Canterbury over the coals.

And how utterly stupid Lowell Goddard and Ben Emmerson would have looked when a subsequent police inquiry found the Bishop guilty.

The pitfalls of handling the Westminster paedophile allegations in such a way should be clear to see and the inquiry better think very carefully about how they are going to do it. And survivors again the  Latin words ” Caveat Emptor” – buyer beware – should be utmost in their minds  before taking part in such an inquiry.

 

 

Facebook to challenge sex offender’s right to privacy and excessive damages in Northern Ireland test case

Belfast High Court

Belfast High Court Pic Credit: BBC

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An extraordinary judgement which I reported last year  banning a Facebook page about a convicted paedophile and awarding  him £20,000 damages for harassment is to be challenged in the courts next week.

Facebook is challenging  this decision in the Northern Ireland Court of Appeal claiming the damages awarded to the  sex offender were excessive and he could not reasonably expect privacy following his conviction for offences in the courts.

The case arose after  Joseph McCloskey set up a Facebook profile page called ” Keep Our Kids Safe from Predators 2 ” which posted information about a convicted sex offender called CG.

None of the information published  by McCloskey was private. It was all in the public domain at the time of CG’s conviction. CG’s solicitors complained to Mr McCloskey  who immediately removed all postings relating to CG.

The posts are said to contain threats of violence against the paedophile which judge took particular exception.

But the lawyers weren’t satisfied and went to court claiming the sex offender had been harassed on Facebook and his human rights breached by the publication on Facebook.

The judge found against the campaigner and Facebook and awarded the sex offender £20,000 damages for harassment.

Facebook is now challenging this judgement. There is an  excellent report on the Inforrm blog by trainee barrister Aiden Wills which goes into the legal details of Facebook’s challenge.

Facebook is particularly challenging the judge’s ruling that it should have had detailed knowledge and awareness of what Mr McCloskey wrote -pointing out that such a ruling would mean they would have to have detailed knowledge of every article put up on a Facebook site and whether it could be considered illegal. The case promises to be an interesting one.

UPDATE: The judge has reserved judgement on the case after a two day hearing. Joseph McCloskey did not attend the court as there was a dispute as to whether he was entitled to legal aid.

 

Child Sex Abuse Justice: Premier League or Eton Mess?

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Sunderland player Adam Johnson; Pic Credit: BBC

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Andrew ” Picard ” using his father’s surname in an US swimming competition. Picture by I & M Galleries. Photographer: Nicole Harnishfeger

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Two very high profile cases  involving child sexual abuse have recently hit the headlines. One involved the Premier League footballer Adam Johnson, capped 12 times for England. The other involved Andrew Picard ( who used his mother’s name rather than his father’s surname), an Old Etonian from a wealthy , well connected family.

Adam Johnson was given a six year prison sentence for grooming  and sexually assaulting a 15 year old girl, a Sunderland fan besotted with him.

As the BBC reported Judge Jonathan Rose told him he had abused a position of trust and caused his victim “severe psychological harm”. He told Johnson, 28, he had engaged in sexual activity with her knowing she was under 16. Police  also found extreme pornography involving animals on Johnson’s laptop.

Andrew Picard, 18, was spared jail and given a 10 month sentence suspended for 18 months after the police found  over 1155 indecent  children images on his computer in his Eton College dormitory. Like Johnson some of the images involved animals. The judge described some of the videos – which included abuse of babies and toddlers – as “so appalling, frankly I can’t bring myself to talk about it.”

One of his videos showed a girl as young as three being raped, while others showed young children being forced to have sex with dogs. He also shared these videos and images on a chat room where he was unmasked by undercover police.

Now I am not going to defend Adam Johnson or  challenge the sentence he received. He is a Premier League football player who used his  position in society  to take advantage of an under age girl who obviously had a crush on him, and  he took an unhealthy interest in  extreme sex.

But I do think there is an element of rough justice when you compare the sentence handed out to him and the one given to Andrew Picard.  Adam Johnson is a Northern  working  class lad educated at Easington Community College who suddenly became rich through his footballing skills.

Andrew Picard is  the son of a very wealthy American lawyer living in Westminster and has yet to prove himself in any career. Johnson is splashed all over the tabloids, Picard was initially covered by  the tabloids  but already  reports about his case have been taken down by one newspaper and he is starting to  disappear off the internet.

The Mirror reported in a now withdrawn article: ” Sallie Bennett-Jenkins, QC referred to her client’s remorse and pointed to the good work he had been doing with doctors in the past year, undergoing constant treatment with numerous doctors and psychiatrists.

“This is a young and very able man who has hopes for the future,” she added.

“He was able to have this opportunity [to seek help] and this was something Andrew sought for himself, by himself.”

Sparing Picard jail, Judge Ross said a term of custody would undo the good work he had done in the past year undergoing extensive counselling.

He said: “This defendant Andrew Picard was a privileged young man. His family are clearly wealthy enough to send him to school in Eton.

“Quite how you found your way into this unpleasant world Mr Picard, the world of chat rooms and exchanging this material, is not clear to me.”

Now there could be some  mitigating circumstances.which are highlighted by Matthew Scott’s barrister blog.  He points out that but for the delay in bringing the case to court Andrew committed the offences at the age of 17 when he would have been granted anonymity and the press could only say he was a public schoolboy. As it is his father was spared embarrassment by him being charged in his mother’s name – even though this failed when the press found  his surname. I am curious that the Crown Prosecution Service allowed him to be charged under a different name.

More interestingly he points out that the judge imposed an order that could still land him in prison. As he writes : ” Those who think the judge was going soft on Mr Picard need to ask themselves why, if that was the case, did he impose a Sexual Harm Prevention Order (breach of which carries a prison sentence of up to 5 years)? The law did not require him to impose it, he chose to do so. ”

But my view is that this sentencing reflects the present divide in society. The full force of the law comes down on a working class footballer but the law is generous to the crimes of an Old Etonian. I only hope the psychiatrists,doctors and counsellors treating Andrew Picard can get him to change his ways.He is lucky his family can afford them, unlike many child sex victims.

 

 

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Goddard Inquiry: A very judicial view of child sex abuse

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It was always clear that when the independent panel into child sex abuse morphed into a full blown judicial inquiry under Lady Justice Goddard that the emphasis and atmosphere of the hearings  would change.

Now it has started with preliminary hearings into  Greville Janner, the Anglican Church, Rochdale and Sir Cyril Smith and the forthcoming one on Lambeth it could couldn’t be clearer.

The tone was set by Ben Emmerson, counsel to the inquiry, when he outlined the role of the inquiry. Meeting in Court no 73  at the imposing Royal Courts of Justice in London it will have the atmosphere of a trial, the trappings of a trial, and a huge surfeit of lawyers representing every conceivable interest you see at any trial.

Each separate inquiry over the next five years will amount to a  judicial hearing into the case and there will be a lot of them.The focus will be  into looking into  events surrounding each case  based on strict legal criteria.

This is very different to the workings of an independent panel inquiry. I am a member of one at the moment so cannot comment on its work. But there is a quite a different emphasis in approach between an inquiry which focuses on putting together facts and  whose prime responsibility is to the people who have made the complaints and an  adversarial  inquiry that will be dominated by legal arguments and disputes.

Ben Emmerson, in my view, gave the game away, in his opening address.

He said this on one key point and I  report this in full :

“As will be obvious, Madam, the Westminster  investigations take place in a highly charged media environment. Allegations of the involvement of  politicians in child sexual abuse are reported, on the  one hand, as evidence of a paedophile conspiracy at the heart of Westminster and, on the other hand, as evidence  of a modern-day witch-hunt. It is the role of this  Inquiry to move from the realms of rumour and speculation, allegation and counter-allegation, to the  assessment of objective facts.

The Inquiry must consider all relevant documents, take evidence from witnesses and publish a report which sets out in clear terms what the evidence shows. In doing so, the Inquiry will need to remain sensitive to the particular needs of vulnerable complainants without unduly privileging their testimony. The Inquiry will also need to recognise the damage that can be caused by false accusations of sexual abuse, without hesitating to make findings against individuals and institutions if justified by the evidence. “

What concerned me – and I sought guidance from the inquiry on this – is whether survivors who give evidence will find themselves ” on trial ” during this inquiry and subject to rigorous cross examination about what they claimed happened to them.

The inquiry has clarified that it plans no hearings just to cover cases of false allegations which may disappoint the very vocal minority on the internet who claim that the level of child sex abuse is exaggerated and the motives of survivors are to get easy money by lying about what happened to them.

But this threat  which  I have outlined in bold must be very real for survivors who may want to give evidence in highly contentious cases. If  it does – sometime down the route – look at the Westminster paedophile ring – will ” Nick ” be expected to testify and face questions from lawyers for Harvey Proctor  who is alleged to be his abuser ( and vociferously denies it)- at the risk that a ” court” will decide he could be publicly condemned for going to the police in the first place.

Judgements are also being made on who should be a ” core participant ” – ie a person who can question  all witnesses -and this has already happened at the first preliminary hearing on Greville Janner

Here  Nigel O’Mara, a survivor and campaigner applicant for core participant status,is involved in a legal dispute over whether he should be allowed to become one. In an independent panel this would not arise as all victims are treated equally and there are no public hearings. Justice Goddard has had to reserve judgement on this, but it will not be the last.

I raise these issues not because I  want the inquiry to fail by highlighting problems for survivors in giving evidence – but to warn of potential pitfalls. If I was a survivor I would weigh up these issues very carefully before giving evidence.

 

A worrying indictment of how child sex abuse cases are handled today

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This week the inquiry into historic child sexual abuse under New Zealand judge Lady Justice Goddard will start preliminary hearings which could last years. On Wednesday it starts with a hearing into allegations against the late Lord Janner. The following Wednesday there are two short sessions looking into abuse inside the Anglican Church and at Knowl View and other venues in Rochdale and on Thursday March 24  into child sexual abuse of people in the care of Lambeth Council. The details are here.

Last week a report came out from the United Kingdom  Child Sex Abuse People’s Tribunal- a very small scale investigation that took evidence from 24 people covering different types of sexual abuse with families, institutions and paedophile rings. What comes out – apart from horrific stories from the testimony of individuals – is a system not capable of sensitively handling the issue. As it says in this paragraph:

people's tribunal two

That to my mind  is as important as the recommendations reported on Mail On line by  the Press Association here . These include a permanent commission,provision of advocates to survivors  proper links between mental health and  police investigating abuse  and a safe channel for victims yo give evidence anonymously.plus better training for police, the judiciary and the health service to handle cases.

This report deserves to be taken seriously as its steering committee was composed ,mainly of survivors themselves  aided by professional advisers and two experts, Regina Paulose, an American lawyer and former prosecutor and Alan Collins, a British solicitor with enormous experience in handling child abuse cases from Jersey’s Haut de la Garenne inquiry  to Australia and Kenya.

If the Goddard Inquiry really wants to tackle the issue they could  not do much better than take  this on board  when they start their hearings.

The full report can be found here.