Join Byline Insider to crowdfund me and participate in key debate on child sex abuse

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Following the demise of Exaro I am starting a number of new ventures. One of the first will be  with Byline Insider which starts on October 6 with a  debate on the reporting of child sex abuse.

I will be participating as the former head of Exaro  at an invitation only debate organised by Byline Insider in London.

The line up will mean we will be able to frankly discuss the issue from the time of the Cleveland child sex abuse scandal up to the present day Jay inquiry and looking at Operation Midland and its repercussions as well as the Esther Baker investigation and Jimmy Savile.

Invited participants are  the author and activist Beatrix Campbell; Meiron Jones, ex BBC investigator and now with the  International Consortium of Investigative Journalists; Mark Williams Thomas, an ex policeman turned investigative journalist; Tim Tate, a TV investigative journalist and Paul Connew, former Sunday Mirror editor.

The debate is only open to people who join Byline Insider. The event is entirely off the record and no tweeting or reporting is allowed. This means the issue can be discussed without fear or favour or any legal come back.

Since leaving Exaro I am starting to raise money for my own blog. Under a deal with Byline.com  you can become a member for £10 a month. There is a minimum of 12 payments over a year. This entitles you not only to attend this debate but other events -usually held every month- free. Upcoming events are expected to include discussion on the American elections for example.

If you wanted to become a lifetime member it is £40 a month – again 12 payments will give you a lifetime members

For the avoidance of any doubt, as some people have raised this, you can if only want to attend the CSA event pay £10  but you would need to go through the same process.

You will then have to cancel the subscription.

So if you had been a member earlier this month you could have come to the event on the Daniel Morgan murder – currently subject to an official inquiry by an independent panel. You could gave questioned  his family and two investigative journalists, Laurie Flynn and Michael Gillard, who are experts on the case. These provide unique opportunities for readers to exchange views with people who are writing the stories in a safe environment and without any public comeback.

If you want to fund my investigative journalism  you can sign up  to  this special Byline Insider offer by getting onto the Byline  site,  click on any of my latest articles including this one  and click on the Support my Column on the right. Choose the £10  a month option and you are away.

Some 85 per cent will go directly to funding me. And as a payback you can attend this  debate and I will give you the password to apply to get into the event for free..I should be able to contact you directly once you become a supporter with the password.  Y our help and support will be much appreciated.

 

 

Labour’s best council by election result night since the General Election

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Victorious Scottish Labour candidate Alex McVey with friends at Coatbridge this morning

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On the eve of the Labour Party conference there is a rare fillip for the divided party .Voters turned out in sufficient numbers to elect councillors in the Midlands, North West and Scotland for the party to gain seats.

The night was not promising for Labour -particularly after spectacular defeats in council by-elections in Sheffield and  Cardiff.

Nine seats were up for grabs – 7 in England and one each in Scotland and Wales and Labour only held one in their heartland in  Gateshead. The Tories held six with the SNP and an independent holding the other seats.

By the end of the night the Tories had lost four of its seats – two to Labour and two to the Liberal Democrats. The SNP lost their seat to Labour and Plaid Cymru took  a seat from Independents.

The result in Scotland was particularly interesting as this is Labour’s second gain from the SNP in a month. The North Lanarkshire council gain at Coatbridge was hailed as “a surprise win” by the Daily Record.  It followed a Labour gain last month in North Ayrshire where Labour beat Nicola Sturgeon’s dad, Robin, to come from behind to win. In both cases it has to be said that the Labour vote fell and the SNP vote went up compared to results in 2012.

In North Lanarkshire  Labour were ahead in first preference votes. In North Ayrshire they were behind the SNP. But in both cases the STV system helped Labour gain the seats. What appears to be happening is that more people voting for opponents of SNP end up switching eventually to Labour ( even Tories in these cases) rather than helping the SNP hold the seat.

In England Labour secured two spectacular gains. In the Lake District they won a seat in Cockermouth with a 5 per cent increase in a solid Tory ward in the town. They were helped by the collapse of the Tory vote and a big 20 per cent rise in support for the Liberal Democrats which pushed the Tories into third place.

In North Warwickshire – a marginal Parliamentary seat which the Tories did particularly well in the General Election – Labour stormed to victory in a straight fight with the Tories.

They won despite a Tory campaign lambasting Labour over local issues. The Tory Party told the electorate.”There will be a clear choice at this by-election; a responsible Conservative councillor who will ensure that the residents of Arley & Whitacre ward get the best deal possible and that their voice is heard, or a Labour councillor who will fail to stand up for local people”

Interestingly UKIP which had done well in this area couldn’t field a candidate and neither did the Liberal Democrats or Greens. Result was a staggering 33.7 per cent increase in Labour share . As @britainelects tweeted:Arley & Whitacre (North Warwickshire) result: LAB: 59.7% (+33.7) CON: 40.3% (+1.7) Greens and UKIP didn’t stand this time round.

This was in area where 60 per cent of the people voted for Brexit.

The Liberal Democrats did well in Devon with a 28 per cent rise in the share of the vote to take Teignmouth from the Tories. They also won a seat from the Tories  in Suffolk  with a 12 per cent share of the vote. The Labour share of the vote in this Tory seat also went up by 5.8 per cent. The Lib Dem performance  is part of a pattern in many Tory and now some Labour seats which has meant the party has made 17 council seat gains since the General Election.

The Tories held two of their safe seats  with an 8.5 per cent vote share  increase in Adderbury near Banbury and they easily saw off a UKIP challenge in Stony Stratford, South Northants – taking over 77 per cent of the vote.

Whatever is said nationally UKIP continue to do badly. In the Labour heartland of  Gateshead where they were a distant challenger they got a mere 1.3 pc more of the vote while Labour declined by 3.7 per cent. Here again the Lib Dems did better. In other places UKIP got a derisory share of the vote – for example coming bottom in Coatbridge with just 63 votes compared to over 1350 for the winner.

My prediction is that on present performance  in council areas it is the Liberal Democrats rather than UKIP that are re-emerging as the challenger to the Tories in the rural shires and Labour in the cities. And all is not lost for Labour on this performance  provided they unite.

 

 

 

 

 

 

Call General Election now: What Ed would tell Theresa

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Ed Balls Pic Credit: Wikipedia

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I went to  an unusual book launch by a politician this week. Instead of a self serving glowing account of their great achievements (pace Tony Blair and Peter Mandelson to name but two) this book by Ed Balls is refreshingly  honest – it talks about his political mistakes (intended or otherwise).

Ed Balls – who probably will become more famous for his performances  on Strictly Come Dancing than his role in promoting tax credits – suffered the ” Portillo moment” at the last General Election when he was unexpectedly defeated by the Tories. Indeed he revealed  BBC Panorama had unsuccessfully tried to get him to do a programme with Michael Portillo on this very fact and compare and contrast how high flying politicians feel when the electorate rejects them.

Organised by the Strand Group  (see report ) at Kings College, London Ed Balls admitted many mistakes – such as he could have handled better the sacking of Sharon Shoesmith, the former head of Haringey’s childrens’ services, over the notorious torture and death of Baby P.

He was also critical of May’s failure of leadership over Brexit and also warned that when governments have a weak opposition the media narrative is all about splits in the government – hence the obsession about the Blair Brown split when Iain Duncan Smith led the Tory party. So if the Labour row continues May could find life difficult as the media hone in on Tory Brexit splits.

One experience Gordon Brown and Theresa May share is that both of them have been anointed Prime Minister – neither faced a campaign against rivals and both took office without winning a general election.

In his book Ed Balls describes the botched attempt to call a general election immediately after Gordon became leader. Ed writes at the time ” the ‘risk’ of going for an early general elecrion was nowhere near as risky as deciding not to.”

But Labour dithered – first talking up an early election – and then knocking it down.But the result was devastating and certainly Brown made a mistake in not  acting  earlier and more decisively.

As Ed concludes on the day Brown backed off from an election: ” A dismal day in October, a day from which Gordon’s premiership and the togetherness and trust of his closest advisers and confidants never recovered.”

So what would Ed advise Theresa to do now. I asked him this when I got him to sign a copy of his book.

His answer was frank. She should call an election  setting out her  own manifesto and then be able to choose her own Cabinet.

Given the troubles she will face with colleagues – and potential new rows over decisions like Heathrow, HS2, Brexit, immigration etc and the current divisions within Labour it might be good advice for the Tories. She has a much smaller majority than Gordon Brown inherited from Blair.Otherwise she might regret it like Gordon Brown.

I wonder if she might surprise us all by announcing it at the Tory Party Conference?

 

 

 

 

 

Abuse of Trust: A horrible reminder of a child sex scandal as the Jay inquiry prepares to examine Greville Janner

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Frank Beck. Pic Credit:BBC

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Today  when the pendulum seems to swinging again to start disbelieving claims by survivors  that they were sexually abused the republication of a book examining one of the first major  child sex scandals is a timely reminder of what victims faced in the 1970s and 1980s.

Abuse of Trust looks at the case of the long dead Frank Beck, a charismatic social worker who got away with abusing possibly up to 200 children for two decades before finally being caught and convicted.

It is particularly relevant as Alexis Jay’s child sex abuse inquiry is planning to resurrect the dire situation in Leicestershire social services at the time with an examination of the role of the then local MP, Greville Janner, who was facing multiple charges of child sexual abuse at the time of his death last year.

The book written by two diligent journalists, Mark D’Arcy, a BBC Parliament correspondent and Paul Gosling, an ex Leicester councillor and an experienced freelance journalist, and has been updated by Paul with the latest information about the allegations and investigation into Greville Janner.

The involvement of Greville Janner – who always claimed he was falsely accused by the paedophile Frank Beck  of sexually abusing boys – will be highly  controversial as his family, led by his son, Daniel Janner,QC intend to try and stop the hearing going ahead. They want instead go to the civil courts so all  the allegations from 33 survivors against him can be subject to rigorous cross examination.

This book however concentrates on the horror facing  disturbed children sent to be looked after by Beck and his colleagues and the brutal techniques Beck, an ex Royal Marine, used to subdue, sexually abuse and infanticise teenagers, using faux psychological techniques. He also bullied and sexually abused his staff, manipulated and conned local councillors.

It is highly revealing about the lack of backbone among senior social work management and the failure of democratically elected councillors, particularly in the Liberal Party,who allowed him to stand as a councillor, to take a grip on the situation. The police are also seen as failing to believe the children. It is equally damning of  investigations that followed by distinguished people – notably by Andrew Kirkwood,QC – into the scandal after Beck was convicted and the tragic consequences of Beck’s techniques – which led one disturbed kid to later murder a young boy simulating  the strangulation technique used by Beck.

And it shows the role of insurance companies ,in this case Zurich Municipal, in trying to deny  the council’s responsibility for what happened to these kids -later to be used with similar force in suppressing a report into North Wales child sex abuse.

It is also clear from the book that Beck was not the only person sexually abusing people and  there could have been part of a ring that was never properly investigated. He may have murdered one of his boys – but this was never satisfactorily pursued.

He also like many paedophiles attracted people who believed in his innocence – notably Bernard Greaves, a Liberal Democrat  and Lord Longford  who supported killer Myra Hindley.

I would recommend this book to anyone who wants to remind themselves about sheer nastiness, brutality and cover ups that seem to dog this area.

Abuse of Trust: Frank Beck and the Leicestershire Children’s Home Scandal. 

available from Canbury Press £15

 

 

 

An 11 plus failure speaks out:Theresa May wants conformity over opportunity

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Theresa May, Prime Minister Pic Credit: conservatives.com

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Theresa May’s decision to turn the clock back five  decades by building a new generation of grammar schools makes me personally very angry. It is divisive, it will narrow opportunities for future generations and it will entrench the current Establishment by introducing a new ” gatekeeping ” role to ensure who succeeds and who fails.

Superficially it will allow a few hand picked intelligent  11 year olds from the poor to go to highly academic schools but the rest of the population can go hang.

I should know because I was one of those who would have been labelled a failure at 11. In 1958 I failed my 11 plus. Living in Streatham, South London and failing to get into Battersea Grammar meant I would be doomed to go to Dunraven Secondary Modern which then didn’t even teach enough O levels ( now GCSE’s) to get any professional job.
But I was lucky – educationalists in 1958 had this new fangled idea of  comprehensive education which was supported by Tories as well as Labour. A brand new school opened at the top of Brixton Hill called Tulse Hill – a   huge rough multi racial school that attracted idealist teachers across Britain.

Its first head came from Dulwich College, a prestigious public school (incidently where “anti establishment ” Nigel Farage later was a pupil) and teachers left cushy jobs at other elite schools to be part of the staff.

So instead of being consigned to the education scrapheap I was taught Latin by a teacher from Manchester Grammar, Spanish by a Republican fleeing Franco’s dictatorship, English by a guy who got plays on BBC radio and history by two brilliant teachers.

Even then though it took me to past 16 to really take off. As well failing my 11 plus I was a  “late developer”. I mucked  up some of my O levels but the flexibility at my school allowed me to retake some of them ( I was particularly bad at maths) while taking three A levels (one in 18 months). Even at 16 I was thought not to be university material but I was no longer thought to be a complete thickie.

I got much better A levels than people expected – though it did not surprise my history teachers- but had been rejected by every university. I used the ” clearing house” to re-apply to my first choice, Warwick University, backing it up by writing a letter.

In the meantime I was going to start my first job as a clerk with London Transport – but days before I suddenly got a place at Warwick on my chosen History and Politics course because someone dropped out. I gather the university chose me because they were heartened by my improvement at A level and thought I had more potential.

I have gone into such personal detail to illustrate why May is wrong – she may get some academically bright 11 year olds into grammars – but she will deprive thousands of other  ” late developers” like me who didn’t show their real potential until they were 16 of future opportunities available in a truly comprehensive system.

It is quite clear to me that without Tulse Hill and Warwick I would never have become a journalist. never have worked for The Times Higher Education Supplement and The Guardian. never been a lobby journalist and would not be sitting on a national independent  panel now. Neil Hamilton, Peter Mandelson. Tony Blair, Leon Brittan, Norman Fowler, Lord Ashcroft, Ed Lester and Brian Coleman to name a few, would never have been bothered by a pesky inquisitive journalist and could have slept more soundly.And talking of Tulse Hill, would Ken Livingstone, another pupil, ever had become mayor of London?

Since working at this level I have become aware of how much of a Club the Establishment is. It is dominated by public schools and old grammar school boys who share an ethos that is now miles apart from the working classes. By filtering people at 11 she will entrench this conformist view of society and help the Establishment- and that includes herself – to keep out oddballs like me – who can be a nuisance to so many people.

My view is that Theresa May’s real agenda is create a more conformist society and bolster the Establishment with a sprinkling of  academically clever working class boys and girls. Given her other main interest is pressing through a surveillance system that allows the state to keep records of every person’s digital footprint, the non conformists can easily be kept out of having a chance to shape society.

 

 

 

 

 

Daniel Janner is wrong to say all allegations of child sex abuse against his father must be fabricated

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Lord Janner Image courtesy BBC

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There is nothing more understandable than a son and a daughter wanting to clear their father’s name of serious unproven allegations after he is no longer here to defend himself.Particularly if the allegations concern such a heinous crime as child sex abuse.

And their father Greville  was a national figure with a huge reputation as a fighter for reparations for the victims of the Holocaust.

However  his son Daniel Janner, himself a prominent barrister, has gone over the top in deciding that the Independent Inquiry into Child Sex Abuse cannot examine the allegations against his father.

He told the BBC that all the claims  against the late Lord Janner by 33 people were fabricated, the police investigations into claims against his father were ” rubbish” and that the people concerned had colluded with each other to make false allegations.

For good measure he added that people were motivated by getting compensation and that he knew his father was totally innocent of all charges and had never been convicted of anything. He claimed the inquiry would be discrediting itself by looking into his father because the people making the claims would not be properly cross examined.by a barrister who would presumably accuse them all of being money grabbing liars.

daniel-janner-qc

Daniel Janner QC Pic credit: http://www.regulatorycriminallawyers.co.uk

Now Janner is a prominent criminal lawyer. If you look at his entry in the Birmingham based No 8 chambers here you will see he has formidable record.

As the entry says: “High profile cases include:The Heysel Stadium football extraditions; The Knightsbridge Safety Deposit box robbery; Oyston and Martin rape trials; French student murder trial; “Happy slap” murder trial; London City Bond fraud trial; Gouldbourne Cayman Islands murder; McGrath money laundering; Cleeve Prior missing body murder; Lord of Fraud, Rodley trials.”

He also has defended a former headmaster against allegations of historic child sex abuse.

Therefore it is rather surprising as a QC that he  has decided that his father is totally innocent given that the Crown Prosecution Service, while rejecting the need for trial just before his death on medical grounds, concluded in 2015 that  “the evidential test was passed on the basis that the evidence is sufficient to have warranted charging and prosecuting Lord Janner in relation to the particular charges”.

A further independent investigation by Sir Richard Henriques into allegations against Janner concluded: ” I am satisfied that, in 1991, there was a sufficiency of evidence for a prosecution to be commenced against Janner for offences of indecent assault and buggery with Complainant 1.”

And ” Had the statement of Complainant 2 been forwarded to the CPS, there was, in my judgement, a sufficiency of evidence to commence a prosecution against Janner, in 2002, for indecent assault and buggery both with Complainant 1 and Complainant 2.”

and

” In my opinion there was sufficient evidence to provide a realistic prospect of conviction in 2007, and Janner should have been arrested and interviewed and his home searched.  He should have been charged with offences of indecent assault and buggery with Complainant 1, Complainant 2 and Complainant 3.”

Finally there is the investigation by the police watchdog into the failure of the police investigation into Janner. The Independent Police Complaints Commission (IPCC) said it had served criminal and gross misconduct notices on 11 individuals in July.

Now if we are to believe Daniel Janner these respected bodies and Sir Richard have been taken in by lying child sex abuse survivors and must be (though I am sure he wouldn’t use such language ” a load of gullible twats.”

By saying that as Janner was not convicted of anything he shouldn’t be investigated by the Jay inquiry he also raises another question. Logically neither should Sir Cyril Smith nor Jimmy Savile be investigated because they can’t defend themselves and all allegations against them should be dismissed and forgotten. This puts him firmly in the camp of those who say really there is no such thing as any widespread child sex abuse and  an ideal advocate for the Justice for  Jimmy Savile  website which believes he is innocent.

I am aware the Janner allegations are highly controversial. Some like a former researcher  I interviewed who worked closely with Janner on Holocaust issues would 100 per cent concur with Daniel.

Another researcher  who worked for him had deep suspicions though no proof but told a story about a colleague  remarkably similar to one reported in the Jewish Chronicle this August. Only in this case Mr Janner did take the young man down to the sauna.

Whatever happens the Jay inquiry does need to look at Janner as part of its institutional abuse inquiry. There is too much smoke around to dismiss this particular fire.

 

 

 

 

 

 

 

Why we need disability campaigners like Lord Rix now

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Lord Rix who died this week aged 92

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The sad death recently of Lord Rix highlighted how much progress a determined individual can make in a particular field.

As well as being famous for his slapstick comedy Lord Rix went on to have  a second career fighting for people with learning disabilities ending up as a vocal champion in the House of Lords

I knew Lord Rix in the 1980s when I was social services correspondent of The Guardian and he became secretary general of Mencap, the charity which campaigns for people with learning disabilities.

At the time there was enormous stigma attached to people who were then called mentally handicapped or even worse, Mongols, which was both derogatory and racist.

Most of them at the time were locked away in a network of hospitals for the mentally handicapped which people often confused with hospitals for the mentally ill.

Reports on the treatment and living conditions for people with learning disabilities  and people with mental illness  in these hospitals were then kept confidential. Believe it or not, not only confidential, but protected by the Official Secrets Act, opening a person to prosecution if they were published.

It was then that Lord Rix and myself decided that this should stop and the living conditions for these people should be revealed.

We set up about collecting as many official reports on conditions in these hospitals as possible – both for the mentally handicapped and the mentally ill- and then in one fell swoop the Guardian published a front page news story and a summary of each report.

The reaction to disclosure of official reports was to re-open with a vengeance why these people were being locked up and kept in very bad conditions – without much privacy in neglected hospitals tucked away in rural areas.

I even discovered some people who had been placed in a Lancashire hospital way back in the early twentieth century and diagnosed as  “mentally ill ” because they had illegitimate children – something that is complete anathema in the 21st century.  They were so institutionalised that the hospital was creating flats on its premises – in the hope that they could go back to live in the community. They had to learn how to boil a kettle.

To his credit the response of Kenneth Clarke, then the health secretary, was not to order an investigation into the leaks but to scrap the provisions of the Official Secrets Act that banned their publication. It also speeded up the movement of people with learning disabilities into the community.

Lord Rix who has rightly received many accolades was extremely brave in helping with this enterprise –  and changed the debate.

Today enormous progress has been made but I feel with need a new generation of campaigners to fight disability on a wide range of fronts. The disabled – not only with learning difficulties but with physical challenges- are still facing neglect by the NHS and social services. Government cuts in benefits  are designed by this pernicious government to penalise the disabled and limit mobility. The British tabloid media with an agenda that many disabled people are scroungers or frauds does not help. They will need to be particularly vigilant with Britain leaving the European Union – as many of the disabled friendly advances have been made on the back of EU legislation.

The new challenges are as big as the old.

 

How government cuts led to blunders in complex criminal compensation awards

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Carole Oatway, chief executive of the Criminal Injuries Compensation Authority

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The government’s obsession with cutting Whitehall  staff is always portrayed by ministers as getting more ” value for money” and greater efficiency. No doubt it will be said again when the remorseless reduction continues over the next two years.

Yet this year’s  crop of annual reports has produced  a vignette from one Whitehall body that nobody knows much about which rather disproves this case.

The Criminal Injuries Compensation Authority is not well known but for those who suffer serious injury it is vital to ensure they receive some compensation for an injury that is no fault of their own. They include British victims of terrorist attacks including recently those injured in Paris and Tunisia and the families of those killed.

Most of its payouts are routine based on a tariff which was already reduced to save public money by Chris Grayling when he was justice secretary.

But for 10 per cent of claimants their cases are complex and they need a detailed assessment by Whitehall staff. It is these that have gone wrong.

As I wrote in Tribune this month the situation through staff cuts and people quitting the agency because of stress caused by their workload. The agency admits it itself.

It’s annual report for the last financial year says: “This issue … is the consequence of an exceptional level of staff turnover in 2015-16, that has resulted in a reduced level of resources  across increasing workloads. This situation is now being rectified with a major recruitment exercise underway.”
The errors were originally found when the National Audit Office, Parlia­ment’s financial watchdog, ran a spot check on payments made to victims in complex cases.
The worst case involved a significant overpayment of £69,023 on an award of £356,964 due to a maths mistake by a caseworker.
Another case revealed a potential underpayment of £15,118 on an award of £69,976 on a case involving two linked claims for dependency.
Other mistakes included under­pay­ments of £80 on a £395,727 award, £1,463 on a £113,071 award, and over­payment of £42 on a £445,355 award.
The NAO investigation triggered an internal inquiry by the agency which found even more errors. The CICA has now ordered a review into its practices.

The report says : “CICA tested a further 98 complex cases, based on a random sample selected by the NAO, and found 17 errors; 8 overpayments and 9 underpayments. These included three errors over £10,000 and four errors of under £80 on sample of cases with a combined value of over £5 million.”

The CICA took its time to reply to me and had to be pressed to admit that while it was refunding those who had been shortchanged it had no power to claim back money it had overpaid. Good news for those who got more cash but hardly an efficient way to run a service.It also stressed that it was only a relatively small number of people and not a huge part of its budget.

But this is not the point. For the individual suffering some damaging injury an underpayment of £15,000 is not a sum of money they won’t miss.

There is also a much wider point. Civil service cuts have also led to people being underpaid benefits, short changed on taxes and the bad handling of cases by public bodies. Cuts being imposed next include the Equality and Human Rights Commission losing lower paid case workers – meaning it will either cut the number of cases it handles or open the risk of stressed staff making mistakes. None of this seems to affect the higher paid.

The government should realise that it can’t magic savings in public services without any consequences for the general public. Something I suspect they won’t want to know as it damages their belief  that austerity doesn’t matter.

 

 

 

 

Alexis Jay: A game changer appointment for the Child Sex Abuse Inquiry?

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Alexis Jay at the Rotherham inquiry Pic credit BBC

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The very fast decision by Amber Rudd, the home secretary, and Theresa May, to appoint Alexis Jay, as the new chair of the Independent Inquiry into Child Sexual Abuse is a very positive move.

After three attempts to appoint leading lawyers  to run the inquiry have all failed, it was a breath of fresh air to decide that a non lawyer could take on the job. Amber Rudd used powers under the Inquiries Act to appoint an existing member of the inquiry to take over the job.

The appointment  shows ministers are thinking ” out of the box” after running into problems – two caused by perceived conflict of interest – over the three previous chairs, Dame Fiona Woolf, Baroness Butler-Sloss and Dame Lowell Goddard.

I fully expected  politicians to try and get another lawyer to run the inquiry – because of the legal minefield surrounding  child sex abuse claims – but I am glad they didn’t.

Indeed it is a shame they did not think of appointing Alexis Jay in the first place to counteract the legal dominance of the inquiry.

Alexis Jay will bring a more human face to the inquiry and will have empathy for the traumas facing child sex abuse survivors. As a former social worker she may at last take seriously the problems of support for survivors – which should be one of the mainstream concerns of the inquiry  and has been sadly lacking until now.

But there are also other big advantages.

Her appointment means there will continuity and the Amber Rudd’s commitment to the inquiry couldn’t be clearer.

As Amber Rudd said:

Let there be no doubt; our commitment to this inquiry is undiminished. We owe it to victims and survivors to confront the appalling reality of how children were let down by the very people who were charged to protect them and to learn from the mistakes of the past.

Any new person coming to chair the inquiry would have needed time and space to read into events and there would have been an inevitable delay to further progress. This will not happen now.

It also means that the driving force of the future inquiry will not be a lawyer – which is my view is a good thing and puts it closer to the model adopted by independent panels.

Hillsborough for example was not chaired by a judge – and its impact on raising issues such as the  re-opening of the inquest into the deaths of the Liverpool football fans – has been enormous.

She  also has enormous experience in the issues of child sex abuse – and contrary to issues raised by survivor  Andi Lavery – there seems to be little potential for conflicts of interest.

Her letter to Amber Rudd dealing with  conflicts of interest also reveals  the breadth of her knowledge of the issue. As well as her inquiry into the appalling sexual abuse scandal in Rotherham  she had done similar work investigating child sexual abuse cases in Scotland.

As chief inspector for social work  in Scotland from 2005 to 2011 she investigated child sex abuse under the direction of ministers and  also took  a wider role in advising ministers on social work policy. As Scotland is outside the terms of reference of the inquiry, there is no conflict of interest here.

So what is the downside. She will need a lot of legal advice on how to handle some of the most difficult cases of child sex abuse -I am thinking of the judicial challenge to the investigation into Greville Janner – as the most pressing example. In a way this will enhance the role of Ben Emmerson, the inquiry’s QC and his team, as they will be crucial in defending the role of the inquiry to investigate this.

Secondly she may have to take some hard decisions about what to pursue and what to decline to investigate because of the massive amount of paperwork from the 13 streams they are already investigating. Otherwise it will become unwieldy.

I still  think the panel as whole is unbalanced in one respect – it has no dedicated investigator to cross all disciplines. The decision to drop having a journalist – Sharon Evans was the chosen person but it fell apart- on the panel was a bad idea. Lawyers are brilliant when they have got all the facts and can cross examine people about them – but they are not natural investigators and do not have the journalist’s mind to think ” out of the box”and make  connections.

I am not making a bid for myself – I am already on one national independent panel inquiry – but I think the issue should be re-examined and they should attach an investigative journalist to the inquiry.

Otherwise at this stage one can only wish Alexis Jay well in her new and demanding job.

A very legal coup:How Theresa May’s triumph meant Lowell Goddard’s demise

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Theresa May

Theresa May,  then home secretary,  now prime minister.Pic Credit: conservatives.com

Unexpected political events can have unforeseen circumstances. The surprise coronation of Theresa May as Britain’s Prime Minister is one of them. Winning power because of Cameron’s failure to persuade the British people to remain in the European Union, she took office much earlier than expected when her gaffe prone rival Andrea Leadsom stood down.

It appears May’s sudden elevation and departure from the Home Office was the catalyst  that allowed some seasoned plotters unhappy for some time with Lowell Goddard’s performance as chair of the  child sex abuse  inquiry to act.

If Cameron had won the referendum and Theresa May was still home secretary it might well not have happened. For Theresa May could hardly accept the resignation of the third chair of a troubled inquiry within two years.

Piecing together what happened is not an exact science and not without its problems but it all points to a clever legal coup.

ben emmerson

Ben Emmerson:  Pic Credit: UN

The most powerful figure in the inquiry  apart from Goddard is Ben Emmerson, the QC to the inquiry. Nothing would have happened without his blessing and he must have been involved in her departure He is a formidable human rights lawyer, highly intelligent  and an award winning barrister from a highly political chambers, Matrix, whose former partners included Cherie Blair. He also has an ego the size of The Shard and is remarkably focused to the point of being perceived as a bit of a bully.

The irony about his role in the departure of Dame Lowell is that he was the one who introduced her to the Home Office in the first place.  He was the one because of his connections with the UN human rights body knew of her reputation in the human rights field .

He also rescued Theresa May at a time when two previous chairs, Dame Fiona Woolf and Baroness Butler Sloss, had to quit because of perceived conflicts of interest. At the time it seemed a brilliant move – removing any connection with the British Establishment when Establishment figures faced allegations of child sex abuse.

So what went wrong? According to different sources two things. Dame Lowell came into conflict with her own legal team about the scope and direction of the inquiry until the differences could not be resolved.

And the hard pressed secretariat became demoralised by the sheer scope and size of the different strands of the inquiry which promised to swamp their work and bury them in mounds of paper.. One source talked about absenteeism and low morale.

The decision to model the inquiry on the Australian child sex abuse investigation might have seemed a good idea at the time. But it is now clear that Australia is not England and Wales. The long running Australian inquiry has fewer numbers of people, fewer institutions and the population  is much lower than England and Wales.

I suspect that one of the issues that any new chair will have to examine is how to give the inquiry more focus. This may prove to be unpopular with survivors.who are already unhappy that some institutions are not being covered and will be worried that it could be used to cover up abuse. But to have any hope of meeting a timetable the inquiry cannot be opened ended. Nor is the issue of support for survivors being addressed either.

So who will get the new job. Some see the move as a clever ploy by Ben Emmerson to take over the chair himself and appoint a new QC to the inquiry. I am not so  sure he will want to be tied down for five years.

Some survivors want Michael Mansfield but this seems unlikely according to my Whitehall sources..

lady justice hallett pic credit BBC

Dame Heather Hallett – powerful candidate. Pic credit: BBC

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My money is on Dame Heather Hallet – as being the most attractive to the PM who is bound to have a say alongside Amber Rudd, the home secretary.

A grammar school girl ( though an article  interviewing her suggested they did her no favours suggesting she would make a good domestic science teacher) and well grounded in the legal profession ( husband, Nigel Wilkinson is a mercantile judge and one of her sons, a barrister) she is a powerful contender.

She also showed considerable empathy as a coroner handling the  inquest into the 7/7 terrorism bombings and a fair amount of guts in investigating the scandal of the Blair government giving licence to IRA killers on the run  to avoid prosecution.

Whether she will want it is another matter.But whoever it is they will have to be very strong minded and an expert on English law. The first test will be the attempt by the Janner family to throw out any investigation into allegations against Greville Janner. The family are adamant that child sex abuse survivors have fabricated the allegations against him and therefore it should not even been considered  by the inquiry. This is why they want a judicial review not just to stop a ” trial “but I gather to reject any suggestion that such things ever happened.

All the survivors have been assured at a meeting with the remaining panel members ( but minus  Ben Emmerson) last week that the inquiry will continue. But how it will continue will depend on the next chair.