How Will the Inquiry into Historical Child Sexual Abuse Work?

BBC News
August 4, 2016

http://www.bbc.com/news/uk-34965912

The inquiry is currently with a chairperson following the resignation of Justice Lowell Goddard on 4 August

A major inquiry into historical child sex abuse in England and Wales is to examine claims made against local authorities, religious organisations, the armed forces and public and private institutions - as well as people in the public eye.

Why has the inquiry been set up?

Reports of historical sexual abuse have sparked concern in recent years. Following the death of BBC DJ Jimmy Savile in 2011, hundreds of people came forward to say he had abused them as children. The spotlight has also fallen on sexual assaults carried out in schools, children's homes and at NHS sites.

At the same time, there have been claims of past failures by police and prosecutors to properly investigate allegations.

The Independent Inquiry into Child Sexual Abuse (IICSA) was set up by the then Home Secretary Theresa May in March 2015. It will be conducted on a statutory basis - meaning it has the power to compel witnesses to give evidence.

An attempt to launch an inquiry in 2014 was abandoned after two proposed chairmen resigned amid victims' concerns over their links to establishment figures.

How will the inquiry work?

The focus for the IICSA will be on the failures by institutions to protect people under the age of 18 from sexual abuse. A report containing recommendations for the future will be published at the end.

The inquiry is expected to take about five years to complete and be divided into three areas:

Public hearings into specific areas of concern taking the form of a conventional inquiry, with witnesses giving evidence on oath and subject to cross-examination

A research project to analyse existing published work addressing institutional failures in child protection

The so-called Truth Project in which victims of child sexual abuse will share their experiences with the inquiry either in private interviews or written form.

Who is carrying out the inquiry?

The inquiry is currently without a chairperson following the resignation of New Zealand High Court judge Dame Lowell Goddard on 4 August.

Home Secretary Amber Rudd has, however, confirmed the work of the inquiry will continue "without delay and a new chair will be appointed".

The inquiry head will be assisted by a panel of advisers: Law professor and human rights expert Malcolm Evans; child protection barrister Ivor Frank; Alexis Jay, a former director of social services who chaired the inquiry into child sexual exploitation in Rotherham, and lawyer Drusilla Sharpling, the former Chief Crown Prosecutor for London, who has worked as an inspector of constabulary since 2009.

A separate panel will represent victims and survivors.

What is its official purpose?

The IICSA's terms of reference say it will "consider the extent to which state and non-state institutions have failed in their duty of care to protect children from sexual abuse and exploitation".

It will also examine the extent to which any failings have been addressed; identify further action needed to address any failings identified, and consider the steps which it deems necessary for state and non-state institutions to take in order to protect children from such abuse in future.

The IICSA will not seek to determine civil or criminal liability of individuals or organisations but may reach "findings of fact" in relation to this.

The inquiry is liaising with Operation Hydrant, an investigation set up by the National Police Chiefs' Council to co-ordinate a number of historical child sexual abuse probes being conducted by forces across the UK.

If fresh allegations of child abuse are received by the inquiry, they will be referred to police. And while the inquiry's remit is limited to England and Wales, material that is uncovered relating only to Scotland, Northern Ireland or British Overseas Territories will be passed on to those authorities.

Exactly what is being investigated?

The first phase of the inquiry will consist of 13 separate investigations over a period of about 18 months.

It will consider:

Alleged failings at Lambeth and Nottinghamshire councils; Cambridge House Boys' Hostel, Knowl View School and other institutions arranged by Rochdale Borough Council; the Anglican and Roman Catholic churches; custodial institutions, and residential schools

"Areas of contemporary concern" - the internet; sexual abuse by organised networks; the protection of children outside the UK from people working for British institutions and organisations abroad, and accountability and reparations for victims and survivors of abuse

Allegations of child sexual abuse by "people of public prominence associated with Westminster" and claims of cover-ups

Allegations against the late Lord Janner. In 2015, the former Labour peer and MP was ruled unfit to stand trial on child sexual abuse charges - proceedings involving an Old Bailey jury deciding whether the incidents had taken place were ended after his death.

The evidence given at the public hearings is expected to cover a number of other cases that have attracted headlines in recent years.

Abuse claims levelled against Cyril Smith, the late Liberal MP, and Peter Ball, a former bishop who was jailed for abuse amid claims there were attempts by prominent people to interfere in the criminal justice process, will be examined.

Justice Goddard had stressed the inquiry will not ignore the damage done to prominent people who were falsely accused of abuse.

When will the public hearings begin?

Preliminary hearings began in March at the Royal Courts of Justice in London and are considering procedural issues such as the granting of "core participant status".

This provides individuals or organisations with special rights at the inquiry, including the ability to be legally represented and receive disclosure of documents.

In February 2017 there will be two weeks of hearings relating to the sexual abuse of British child migrants, who moved to parts of the British Empire between 1920 and 1970.

Public hearings into allegations of abuse relating to Lord Janner are due to start on 7 March and are expected to finish by the end of May.

How much is this all costing?

The IICSA has a budget of ?17.9m in its first year, funded by the Home Office.

Staffing-related costs account for 41% of the budget.

Justice Lowell Goddard was on a salary of ?360,000, an annual rental allowance of ?110,000 and ?12,000 a year to cover utilities. Panel members will each receive ?565 a day.