Scottish child abuse inquiry 'will be fully independent'

BBC News
January 31, 2017

http://www.bbc.com/news/uk-scotland-scotland-politics-38799049

The inquiry will investigate the abuse of children in care up to December 2014

Lady Smith, pictured, was appointed to chair the inquiry after the resignation of Susan O'Brien QC

The chairwoman of the inquiry into Scottish child abuse in care has insisted the investigation will be fully independent.

Lady Smith's comments came at the start of the inquiry at the Court of Session building in Edinburgh.

Its original chairwoman, Susan O'Brien, resigned from the post in July 2016, complaining of government interference.

The probe is expected to last four years, and will look in detail at historical abuse of children in care.

Education Secretary John Swinney has rejected calls for the remit of the inquiry to be broadened.

Lady Smith told the court that she would act independently and without bias, and was fully independent of government, police and prosecutors.

The judge also said she would not have agreed to chair the inquiry if she had concerns about its independent status.

The inquiry will look into abuse at a wide range of institutions - including foster homes, young offenders institutions and residential schools, as well as top private schools, the court heard.

Lady Smith added the probe would examine what went wrong and whether enough is being done to prevent it happening again.

The inquiry states its purpose as being "to investigate the nature and extent of abuse of children whilst in care in Scotland", while considering "the extent to which institutions and bodies with legal responsibility for the care of children failed in their duty", in particular seeking any "systemic failures".

Its terms of reference say it covers a time period "within living memory of any person who suffered such abuse", up until the point the inquiry was announced in December 2014, and will consider if "changes in practice, policy or legislation are necessary" to protect children in care from abuse in future.

The inquiry has been plagued by problems since it was set up in October 2015. More than £3.5m has been spent on it during this period.

As well as the original chairwoman quitting last July, a second panel member, Prof Michael Lamb, also resigned claiming the inquiry was "doomed".

Lady Smith was appointed to replace Ms O'Brien, but Mr Swinney said he was confident a replacement for Prof Lamb was not needed - although he added that experts could be called in to assist Lady Smith and remaining panel member Glenn Houston.

There were also complaints about the remit of the inquiry, with survivors' groups claiming some abusers could be could be "let off the hook" if children's' organisations, clubs and local parish churches were not specifically included in the probe.

However, Mr Swinney told MSPs that it was clear there was "not unanimity on this issue", concluding that the probe should focus only on in-care settings so that it remained "deliverable within a reasonable timescale".

He said "terrible crimes" had been committed in other settings, such as day schools and youth groups, but said criminal behaviour should be referred to the police and would be "energetically pursued through the criminal courts" where evidence exists.

A bill has been introduced at Holyrood removing any time bar on people seeking damages over childhood abuse.