Showing posts with label Mr Christopher Cleugh. Show all posts
Showing posts with label Mr Christopher Cleugh. Show all posts

Sunday, 15 April 2012

An apology to a victim

Last month, one of the many cases against Ealing Abbey was settled, and Abbot Martin Shipperlee, as part of the settlement wrote the following apology to the victim.
Dear [name withheld]

Following the settlement of your claim, I am writing to offer you an apology.

I am deeply sorry that you suffered abuse when you were a pupil at St. Benedict's School. Such abusive behaviour was wholly wrong, offends all our values and is indefensible. It should never happen.

I apologise for any decisions taken in the past and any mistakes, failures or lack of knowledge on the part of those who held positions of responsibility. I acknowledge  that this matter has caused you distress and suffering and for that I am sorry.

I can however assure you that Ealing Abbey and St. Benedict's School's practices now, together with recently introduced statutory procedures, including Criminal Records Bureau checks and much closer collaboration between agencies, make it as certain as possible that such unacceptable behaviour does not occur. Our own procedures are under constant review. I am committed to doing all I can to put in place best practice for the future.

Please also be assured that we are doing, and will do, all in our power to seek to ensure that no-one else suffers as you did. Anyone who suffers abuse by employees or anyone else for whom the Ealing Abbey and St Benedict's School is responsible is assured of prompt and compassionate attention, in conjunction with the police and other statutory authorities.

Yours sincerely

Abbot Martin Shipperlee OSB

The problem with this letter is that the available evidence suggests that the last two paragraphs aren't true.

Let's take to start with the "recently introduced statutory procedures, including Criminal Records Bureau checks and much closer collaboration between agencies". The first point to make is that CRB checks, had they existed in the days when this victim was at the school, would have provided no protection from his abusers as they did not have prior criminal records. As for closer collaboration between agencies, the victim of Stephen Skelton (who was convicted in December 2011 of two indecent assaults on boys, one of them a St Benedoct's pupil) stated  in an interview for BBC London News that the school had been extremely unco-operative during the police investigation.

Then Shipperlee goes on to say that he is committed to doing all he can to "put in place best practice for the future".

But best practice involves (amongst many other things) a commitment to make a prompt report of all incidents or allegations of abuse to the authorities, specifically to the local Authority Designated Officer for Child Protection (LADO). As I previously pointed out, the school had a huge hole in its commitment to make such reports. Since my article in The Tablet, the school's policy has in fact been modifed, and the wording of paragraph 30 (c) has been modified. But it is still weasel words. The previous version (which lord Carlile thought was as good as any policy in the country) included the following as paragraph 30(c)
The Desginated Teacher shall:
...
(c)satisfy the wishes of the complainant's parents, provided they have no interest which is in conflict with the pupil's best interests and that they are properly informed. Again, it may be necessary, after all appropriate consultation, to override parental wishes in some circumstances. If the Designated Teacher is concerned that disclosing information to parents would put a child at risk, he or she will take further advice from the relevant professionals before making a decision to disclose.
The new wording, in a version published a week after my article in The Tablet, now says this.
The Designated Teacher shall:
...
c) where practicable, discuss concerns with the parent and seek agreement for a referral to LA children’s social care unless such discussions or agreements are likely to place the child at risk of significant harm through delay or the parent’s actions or reactions. Where the school decides not to seek parental permission before making a referral to LA children’s social care, the decision will be recorded in the child’s file with reasons, dated and signed and confirmed in the referral to LA children’s social care.
But this is still not the "no exceptions" clear wording that is required, because the wording still suggests that there are occasions where parental permission will be sought before making a referral, and this implies that if permission is withheld, the referral will not be made. The wording is a bit more subtle, but the wriggle room is still there. This just isn't good enough, and it makes a mockery of the assurances given in Shipperlee's apology to the victim.

I could have helped make the wording watertight. Back in November, when the Carlile Report was published, I wrote to the headmaster offering to meet to discuss my continuing concerns, so that the school's safeguarding arrangements could finally be put on a sound basis. The offer was initially accepted, and then they went back on their word before a meeting could be arranged. Here is the correspondence.
From: Jonathan West
Date: 10 November 2011 09:53
Subject: The St. Benedict's Child Protection Policy
To: Chris Cleugh, Martin Shipperlee
Cc: Lord Carlile, Peter Turner

Dear Abbot Martin and Mr Cleugh,

I welcome Lord Carlile's recommendations regarding the governance of the school, and I especially welcome his recommendation concerning the child protection policy, stated in paragraph 63 of the report.

"It should be kept continuously under review by the governing body of the school, and should be a specific agenda item, with adequate time for discussion at least annually at meetings of the governing body, and of the trustees of the Abbey. Every effort, including through external consultation, should be made to ensure that it remains an example of best practice at all times."

You might recall that I tried to raise concerns about the safeguarding policy in emails to both of you in the autumn of 2009. I received no reply from Abbot Martin and a fairly dismissive one from Mr Cleugh. Subsequent events have shown that my concerns were justified.

As was pointed out during yesterday's press conference, the newly updated child protection policy still offers significant cause for concern. I share those concerns, and I would like to adopt a constructive approach in this matter. I think it is very much in the interest of the school, the Abbey, the Catholic Church as a whole, and most especially the pupils that any remaining shortcomings are addressed as soon and effectively as possible.

To that end, I would like to meet you both, bringing with me a small number of colleagues who are expert in this area, so that we can address our concerns to you, go through the policy together and agree on any changes needed. I have copied Lord Carlile on this email, and would welcome his presence at such a meeting if you and/or he desire it. I would also welcome the presence of Mr Oliver and any other staff, trustees or school advisers whose presence you think would be helpful.

I suggest that we arrange to meet at the start of the school Christmas holiday, when the day-to-day distractions of running the school are absent. This date would give me and my colleagues time to prepare a detailed submission concerning the current version of the policy, which of course we only obtained yesterday. It would also give you the opportunity to make any agreed updates the policy and have it ready for use by the beginning of the spring term.

I have no wish to spend the rest of my life publicly criticising the safeguarding shortcomings of the Abbey and the school, but I will continue to do so if that is necessary. As soon as I am satisfied as to the present and future safety of the pupils of the school, then I shall publicly wish the school well and cease to take an active interest. I suspect that this event will be greeted with a sigh of relief by all of us.

I do not wish to hide from you my current opinion that your past and present approach to this crisis merits the resignation of both of you. However I am always ready to change my mind in the light of new evidence. A positive response to my request would be significant in this respect.

Yours sincerely

Jonathan West


From: Chris Cleugh
Date: 10 November 2011 14:27
Subject: FW: The St. Benedict's Child Protection Policy
To: Jonathan West
Cc: Abbot Martin, Catherine de Cintra, Lord Carlile, Headmaster's PA

Dear Mr West

Thank you for your email. We all have the same objective, which is to ensure that child protection and safeguarding at St Benedict’s should be as good as it possibly can be.

As I stated at the Press Conference we are confident that the current policy is both DfE and ISI compliant and includes best practice. However, we are committed to keeping it under review by the governing body.

With this in mind, Fr Abbot and I would be happy to meet with you as you suggest at the start of the Christmas holiday and hear what you and your advisers have to say. We shall also ask a member of BSA and Mr Oliver to be present.  We can then take your contribution back to the governors with the other independent advice we receive on safeguarding matters and allow them to make an informed decision on how the policy can be further strengthened.

Yours sincerely


Chris Cleugh
Headmaster
There was a delay for a bit of time, as I compared diaries with the others I wanted to bring to the meeting. I then tried calling Mr Cleugh and left a couple of messages. He never called back. Eventually I received the following email from him.
From: Chris Cleugh
Date: 2 December 2011 16:02
Subject: Safeguarding Policy
To: Jonathan West
Cc: Headmaster's PA

Dear Mr West

Since our recent e-mail exchange, Abbot Martin has received a letter from [Mr P] offering some advice on how our policy might be improved.  Given [Mr P's] training as a barrister and informed interest in child protection policies, Abbot Martin and I both feel that meeting him rather than you will be more constructive and we will be arranging to do so in the near future. We will listen to his advice and then consider possible further change to the policy with our advisors.

Yours sincerely


Chris Cleugh

Chris Cleugh
Headmaster
St Benedict’s School
Ealing
W5 2ES
I've redacted Mr P's full name, for reasons which will become obvious at the end of the correspondence. I replied immediately.
From: Jonathan West
Date: 4 December 2011 16:17
Subject: Re: Safeguarding Policy
To: Chris Cleugh
Cc: Headmaster's PA, Catherine de Cintra, Martin Shipperlee, Lord Carlile

Dear Mr Cleugh

It is excellent news that you intend to meet and take advice from [Mr P] on this matter. He and I have discussed the St Benedict's policy at some length and have much the same view regarding areas for improvement. He is one of the experts I intended to bring with me to the meeting.

I have discussed your email with [Mr P], and he is very keen to meet you. He agrees that it would be helpful for us to meet you together, as you and I had already agreed to meet. In an earlier email to me you stated that we have a shared objective in making the child protection policy a model of excellence. [Mr P's] view is that combining our understanding in one meeting would best achieve that objective

[Mr P] will be writing to the Abbot to this effect.

Therefore I suggest that the meeting proceed as originally agreed, including you, Abbot Martin, a member of BSA and Mr Oliver, as previously proposed by you. I suggest that the meeting take place on the afternoon of Monday 19th December at the school.

In addition to [Mr P] and myself, it is our intention to bring [Mr. TP], who is a close colleague of [Mr P] on child protection matters, and also Mr Jeremy Harvey, former president of the OPA. Some of these people will be travelling a considerable distance to the meeting, and so I would appreciate it if arrangements could be made for us to park at the school.

Regards
Jonathan West
Cleugh was by now looking for any excuse not to meet me.
From: Chris Cleugh
Date: 8 December 2011 11:01
Subject: Meeting
To: Jonathan West

Dear Mr West

Thank you for your email of 4th December.

I regret we are unable to make the meeting on 19th December.

We remain committed to meeting with [Mr P] but this will likely now be in the New Year. As yet, Abbot Martin has not heard further from him, but if he does not, he will contact him in due course.

We request that your other colleagues and yourself present your thoughts about possible further improvement in our Safeguarding Policy in writing to [Mr P].  He can then present them to us at the meeting and  if  we require any clarification we will direct this through [Mr P].

Yours sincerely

Chris Cleugh

Chris Cleugh
Headmaster
St Benedict’s School
Ealing
W5 2ES
I discussed this with with Mr. P, who had been carrying on his own correspondence with the Abbot. We agreed that since I had knowledge of what had happened at the school which he lacked, the greatest benefit in terms of improving the safeguarding policy (which Cleugh had claimed was his intention) would be for us to meet the school together, so the our combined knowledge could be brought to bear. He agreed to write to the Abbot to this effect. He did so, and received no reply. Eventually I wrote directly to the Abbot myself.
From: Jonathan West
Date: 18 March 2012 21:49
Subject: Safeguarding at St Benedict's School
To: Martin Shipperlee

Dear Abbot Martin,

Following publication of the Carlile report, I wrote to Mr Cleugh requesting a meeting to discuss further improvements to the school's safeguarding policy which I believe to be necessary if it is to be made fully effective and a model of good practice.

After initially agreeing to a meeting, he went back on his word, stating that he intended to meet with [Mr P] instead, since he is a barrister with experience in the field of child protection.

I have been in regular correspondence with [Mr P] for some significant time, and we have already discussed the St Benedict's safeguarding policy in considerable detail. It had been my intention to bring [Mr P] along to any meeting with the headmaster.

Mr Cleugh suggested that I should provide my input to [Mr P] and that [Mr P] should meet with him (and also with you) without me. I discussed this with [Mr P], and we formed the view that that we should attend a meeting together, since we each have knowledge of the situation the other lacks, and having our combined knowledge available at the meeting itself would best serve the obective of ensuring that the school's child protection policy is made as good as possible.

As I understand it he wrote to you to this effect, and proposed that there be two meetings, one attended by both [Mr P] and me where general issues could be addressed, and a further meeting with him alone where specific past cases could be reviewed under conditions of legal confidentiality to see whether they highlighted any remaining weaknesses in the policy which needed to be corrected.

[Mr P] advises me that he has not had the courtesy of a reply to his last letter to you. I am therefore renewing my request for a meeting with you, Mr Cleugh, the Designated Teacher for safeguarding, and any other designated trustee or member of the Board of Advisors who has a responsibility for safeguarding.

Allow me to repeat what I wrote to Mr Cleugh when I made my request. I have no wish to spend the rest of my life publicly criticising the safeguarding procedures of St Benedict's School. However, I shall continue to do so until such time as I am satisfied that the school's written policies are the model of excellence which the safety of the pupils deserves, and that the policies are diligently and effectively implemented. As soon as I am satisfied of that, I shall make an announcement to that effect on my blog and promptly cease to take an active interest in the affairs of the school. I am sure that this is a state of affairs you would welcome.

It is my intention in the near future to conduct another detailed analysis of the school's current child protection procedures, for instance describing the means by which it would be possible to comply with the policy and still avoid making a prompt report of all incidents or allegations of abuse to the Local Authority Designated Officer for Child Protection. This analysis will be published in parts on my blog.

If you wish to have a truly effective child protection policy and make all possible efforts to ensure the safety of the pupils of the school, then it seems to me that you should be willing to take advice from anybody with knowledge of and interest in the subject.

I must say that I believe Lord Carlile's report was a waste of a considerable sum of the school's money, since Lord Carlile made no recommendations concerning safeguarding which had not already been made already, either by the Independent Schools Inspectorate, the Charity Commission or by Mr Philip Wright when he conducted the earlier independent review. Lord Carlile's only new recommendation concerned governance. I have no objection to his proposed governance changes, but lay leadership of the board of governors is not a guarantee of good safeguarding practice, as can easily be shown by the number of independent non-religious schools which have had child abuse scandals, including as it happens Caldicott school, which was attended by [Mr P] in his childhood and from where two teachers will be standing trial later this year on child abuse charges.

Regards
Jonathan West
I have had no reply.

So the situation is that not only is the school not wishing to meet me, they appear to have decided that they won't meet with Mr. P either - a person whom they have in fact already previously invited in to the school as he is an acquaintance of a member of the Board of School Advisers.

Since neither Cleugh nor Shipperlee will meet me in order that we can go over the policy in private, I'm going to start all over again with the latest (February 2012) version of the policy, and analyse it paragraph by paragraph again in public. Since a change to the policy was made following my criticisms as published in The Tablet, clearly this approach does work, albeit very slowly. 

I shall continue to do so with each successive new version until I am satisfied that the policy is the model of good practice which Cleugh claims is his aim. It would be quicker for them to meet me and get it over with.

Friday, 9 December 2011

BBC London News

There was an interview with Skelton's victim on the BBC London News this evening. Very powerful. It might  be on again later this evening at 10.25.

He very clearly described the fear he felt - that he might never get out of Skelton's house alive, that he might never be able to escape, and his huge relief when he got to the doorway.

The trailer for it, though not the main part of the interview, mentioned how even after his mother complained to the school, he was put back into Skelton's class for maths until Skelton left.

The BBC have clearly stated that the school gave Skelton a good reference and sent him on his way, and that he was able to go and abuse elsewhere.

Cleugh was interviewed and he said that if this happened today, they would automatically report it. But remember that until I started raising a stink, the school didn't have such a policy. This is what the ISI said when they finally noticed that there was a problem.
At the time of the follow-up inspections, the school did not have a fully established policy for reporting directly to the Department for Education and Skills (later the Department for Children, Schools and Families, and currently the Department for Education) or to the Independent Safeguarding Authority, responsible for such referrals since 20 January 2009.
That state of affairs was in place under the current Abbot and the current headmaster. And they had the effrontery to tell Lord Carlile that the deficiency of the policy that the ISI had found "was a narrow one about wording rather than substance" (para 50 of the Carlile report).

And as I've noted already, the school's policy doesn't commit to automatic reporting. Paragraph 30(c) contains a glaring exception.And even the wording of the relevant part of the overall commitment (para 5(i) of the policy) says it will "deal appropriately" with allegations and will be "consulting with" the LADO. Not good enough. The London Child Protection Procedures (para 15.2.1) are perfectly clear and unequivocal. "The employer must inform the local authority designated officer (LADO) immediately an allegation is made."

UPDATE: This edition of BBC London news is now available on iPlayer.

Thursday, 8 December 2011

Stephen Skelton

And now there's another.

Stephen Skelton (Mr. X in the Carlile Report) was convicted today in Isleworth Crown Court of two indecent assaults against boys. He was sentenced to six-months jail suspended for two years. He was required to sign the Sex Offenders’ Register and banned from unsupervised contact with children under 16.

His first victim in 1983 was an 11-year-old boy, a pupil of St Benedict's where Skelton was teaching at the time. The abuse occurred during maths tuition at Skelton's house. The boy's mother reported her concerns to the school and attended a meeting with Abbot Francis Rossiter and Father Stanislaus Hobbs.

Though she was in no position to know it at the time, she could hardly have chosen two worse people to voice her concerns to. Rossiter presided over the abbey and the school at a time when we now know from the Carlile Report and other sources that there was a whole shoal of abusers present at the school - Father David Pearce, Father (later Abbot) Laurence Soper, John Maestri, Father Anthony Gee, Father Gregory Chillman, and of course Father Stanislaus Hobbs, present at the meeting with the mother!

Rossiter and Hobbs promised to sort things out. The way they did this was to send Skelton quietly on his way. He was given a reference and went on to work at three more schools, finishing his career at West Hill Park, Tichfield, Hampshire.

Ten years after this first assault, when Skelton was teaching at West Hill Park, he assaulted another boy, aged 10, again during a private lesson at his home. His victim had been playing on Skelton’s computer and with a train set before being attacked.

When the St Benedict's pupil came forward to the police, they contacted school to make enquiries about Skelton, but found that the school had kept no records of Skelton’s employment.


Let us make something very clear here. St Benedict's School broke the law in giving Skelton a reference which made no mention of the reason he was sacked, and in failing to make a Notification to the Department of Education. Even in 1983, it was a legal requirement to send a notification when a school got rid of a member of staff in circumstances where the school thought him unsuitable to work with children.

Had the school made the report they were legally obliged to at the time, there would not have been the slightest possibility of Skelton ever getting another teaching job elsewhere. The notification almost certainly would have resulted in Skelton being placed on List 99, which would have barred him from any other job working with children, provided other employers actually carried out the List 99 checks they were obliged to. Abbot Francis Rossiter is therefore wholly responsible for Skelton continuing to occupy positions of trust which gave him further opportunities to abuse.

In addition, this shows the police's normal approach to these matters - they do contact the school where an alleged abuser worked at the time as part of their enquiries. It is inconceivable that they did not also do this in the course of the investigations that resulted in John Maestri's three convictions in 2003, 2005 and 2008. And yet Mr Cleugh, the present headmaster, has claimed he was unaware of them and so could not mention them to the inspectors.

Cover-up? What cover-up? I'm afraid that line will no longer wash. There was a cover-up, and it clearly extends to include the current management of the school.

After the hearing, Detective Constable Christine Hobson said “Skelton has worked for many schools in and around Hertfordshire, Bedfordshire, Berkshire and Hampshire and we would encourage any similar victims of such crimes to make contact with police. They will be treated with respect and their allegations will be taken seriously.”

With two indecent assaults 10 years apart at different schools, each with an identical method, there is every reason to think that there may be other victims of Skelton who haven't yet come forward, either at St Benedict's School or other schools where he taught. If you were abused by him, I would like to reinforce the plea from the police - please go and tell them what happened to you.

Monday, 28 November 2011

Carlile Report analysis - 6

The next section covering paragraphs 37 to 43 is titled "Best practice: the Nolan and Cumberlege reviews". Carlile includes the following brief extract from the Nolan report
Recommendation 1. The Catholic Church in England and Wales should become an example of best practice in the prevention of child abuse and in responding to it.

3.1.8 The 1994 Guidelines concentrated on the response to allegations of child abuse. In the present climate, much more emphasis is placed on child protection and it is worthy of note that almost all dioceses have in fact adopted policies and practices that are designed to prevent abuse occurring in the first place. Whilst the proper handling of allegations is important, it is much more important that the opportunity for abuse does not occur because awareness is high and an effective regime of good practice is in place, and is known to be so.
Recommendation 2. The top priority is to have preventative policies and practices operating effectively in parishes, dioceses and religious orders that will minimise the opportunity for abuse.

3.1.9 It is necessary, however, to face the reality that no organisation which has dealings with children can eliminate the risk of child abuse completely. It is therefore important to complement prevention policies with a clear understanding by those in positions of responsibility that abuse of their position in any way will inevitably have the most serious consequences for them.
All very good in principle. The problem with the Nolan report is that the principle isn't followed up with properly effective practice. For instance, this is recommendation 61 of the Nolan report
Recommendation 61. When there is a disclosure, the statutory authorities should be brought in straight away, without any process of filtering, to take the lead in investigating and assessing the situation
If that "should" had been a "shall" then it would have been the basis for an effective policy - if followed. But having "should" there allows people at the local (parish or school) level to subvert the intent of the recommendation by writing exceptions which neuter it. Nolan reported in 2001, but eight years later, the child protection policy for St. Benedict's was so far from implementing the Nolan recommendations that it was essentially one long excuse for never reporting anything. As the ISI stated in its 2010 supplementary report:
The school did not have a fully established policy for reporting directly to the Department for Education and Skills (later the Department for Children, Schools and Families, and currently the Department for Education) or to the Independent Safeguarding Authority, responsible for such referrals since 20 January 2009.
But as Nolan only said "should", the abbey would have been able to claim if asked that they were complying with the Nolan recommendation, even though they didn't have an effective policy for reporting anything to anyone.

Carlile mentioned that the Cumberlege commission reviewed the situation after 5 years, their report being published in 2007. In paragraph 39, Carlile notes that
One of the members of the Cumberlege Commission was the Abbot President then and now of the English Benedictine Congregation. To objective observers it will be a disappointment that the governance of Ealing Abbey, St Benedict’s School and other related schools were not subjected to a governance review within a short time.
The Abbot President is Richard Yeo. At the press conference, Carlile criticised the appointment of Yeo to conduct the Apostolic Visitation, arguing that he had too close a connection with Ealing Abbey for any review by him both to be independent and to be seen to be independent.

All of Carlile's criticisms are entirely valid, and yet he has still missed the key point. It's not the governance that had to be reviewed, it was the existence sand implementation of appropriate and effective child protection policies. The school's was useless, and the parish in fact had no policy at all.

In fact, as far as I can tell, the parish still doesn't have a child protection policy. The Ealing abbey website has a child protection statement, and a link to the CSAS procedures, without actually stating that the CSAS procedures are being implemented in the parish. I have my criticism of the CSAS procedures and its extremely unfriendly website, but that's a story for another day. For now, it is sufficient to say that even after all the publicity, the Ealing Abbey website still doesn't have an unequivocal statement declaring what (if any) child protection procedures it is following. I would have hoped Carlile might have noticed that, but there is no mention of it in the report.

Carlile ends this section of his report with the following.
43. The above comments should not be seen in any way as implying that the Abbey Community should now, in 2011, be seen as a failure. My meetings with them suggest that is not the case. The vitality, academic success, community reach and diversity of the school are evidence of the positive aspects of the Abbey and St Benedict’s School. As one of my interlocutors put it:

“Any community of Christian men and women who take their Christian vocation seriously is going to be grappling all the time with the consequences of human sinfulness and our natural backsliding tendency.”

This very realistic person recognised that there are ‘backsliding tendencies’ so unacceptable that there can be almost no limit to the level of vigilance required. The outcome of the events under consideration, and of this Report, should be to provide assurance that the lessons have been learned.
It may well be true that the school is awash with "vitality, academic success, community reach and diversity. That doesn't for a minute excuse it for its shortcomings in safeguarding. In any case, Carlile is no more an expert in education that he is an expert on safeguarding procedures, and he's completely unqualified to make that statement.You can give it whatever weight you think it deserves.

In this section, Carlile has noticed that Abbot Richard Yeo (who was a participant in the Cumberlege Commission) failed to ensure that governance of the school was reviewed post-Cumberlege, but hasn't noticed the far more important point, that safeguarding at the school and parish were also not reviewed, because it is those policies which provide the primary protection against the backsliding tendency which Carlile's correspondent so correctly identifies.

You don't get a mess like Ealing without there having been management failures at multiple levels. Three such failures are now clearly visible. The headmaster should have been implementing an effective policy and proposing improvements in it for the Trustees' agreement and approval. The Abbot should have been taking note of the Nolan and Cumberlege recommendations and taking action to see to it that they were effectively implemented. And the Abbot President should have been conducting a review of all the English Benedictine houses to ensure as far as possible that Nolan and especially Cumberlege were getting implemented.

But none of this happened. This isn't a mere historical tragedy, this a serious failure of the duty of care on the part of the current management. Had even one of these three levels of management been doing their job properly, then the school's and probably the abbey's child protection procedures would have been in a fit state. And we know that at least one child suffered as a result of that failure.

Tuesday, 15 November 2011

Misleading the inspectors?

At his prizegiving day speech in September last year. Mr Cleugh said the following.
There have been failures here in the past and quite rightly those involved have been or are being exposed and punished. The School continues to co-operate with all the relevant authorities. I absolutely refute that anyone associated with St Benedict’s School has misled the Inspectors or protected offenders - such allegations are at best misguided and at worst deliberately malicious.

I asked Mr. Cleugh about this at Lord Carlile's press conference. He said that there had been two points he knew about in November and had told the Inspectors about both, and the remaining issues came to light between the November 2009 and April 2010 visits.

But this is very odd. The only safeguarding incident mentioned in the November 2009 ISI reports is the "serious recent incident involving a member of the monastic community" described in Section 4.4 of the Senior school report, with the same text in section 4.5 of the Junior School report. We know that this serious recent incident is the abuse of Pearce's final victim and Pearce's subsequent arrest. We know that because the Charity Commission report mentions that a report was made to the authorities about that incident, and we know from the ISI Supplementary Report that the school has reported it, and that there are no records of any other incidents having been reported.

But it seems to me that at the time of the November inspection, Cleugh couldn't possibly not be aware of the following other matters, relevant to safeguarding at the school and which as an ISI inspector himself he knew were relevant to the inspection.
  • The arrest, trial and placing on restricted ministry and on List 99 of Father Stanislaus Hobbs, which involved Hobbs resigning as a Trustee in 2005. His resignation as a Trustee is an event which the school had a statutory duty to report to the Teacher Misconduct Section of the DfE.
  • The civil action against the school successfully brought by "C" in 2006, in which the judgement was against the school to the tune of £43,000.
  • The resulting placement of Father David Pearce on restricted ministry
  • The first Charity Commission Statutory Inquiry.
  • Father David Pearce's conviction and sentencing for a whole range of other offences to which he pleaded guilty, in addition to the offence for which he was originally arrested.
  • The second Charity Commission Statutory Inquiry.
It is certain beyond any shadow of a doubt that Mr. Cleugh knew of all of these events. Some of them were public knowledge at the time.

In addition, I think it very likely that the police contacted the school in the course of their inquiries which led to Maestri's three convictions in 2003, 2005 and 2008. It would be very normal for them to do so, even though Maestri left the school in 1984.

But lets leave aside the Maestri issue and concentrate on the other points. All these were very much of interest to the inspectors and were mentioned in the Supplementary Report, though not with the names of the individuals attached. Lets go though the issues listed in the Supplementary Report
(i) Legal action has been initiated in connection with a previous member of the religious community.
I had wondered for a long time who this is. Based on the  information in the Carlile Report, I now think this is Anthony Gee, or Father Anthony Gee as he was when headmaster of the school. According to Carlile, the school first heard of this in March 2010. I have no reason to disbelieve this.
(ii) A monk who had taught in the school a long time ago has recently come under investigation by social services. At the time of the follow-up visits he was living in the monastery under a restrictive covenant barring him from contact with children.
This is Father Gregory Chillman. The allegations concerning him appear to have first come to light in March 2010. So we can't say that Cleugh knew about this one in November 2009.
(iii) A similar covenant applies to another monk, also currently residing in the monastery. He had been acquitted of child abuse in 2007.
This is Father Stanislaus Hobbs. It would seem to me that Cleugh definitely did know the situation with regard to Hobbs, and the fact that he had resigned as a Trustee. And equally clearly, the ISI did not know. in November 2009, or they would have mentioned it then.
(iv) A monk, Fr DP, is in custody following his conviction in October 2009 on charges spanning many years. Following a defeat in an earlier civil case, Fr DP was subject to a restrictive covenant, but subsequent to this he engaged in improper conduct with a pupil of the school who was doing work in the monastery. A review of his case was conducted by the safeguarding officer of the Diocese of Arundel and Brighton and an independent social work consultant. The review findings were not available at the time of the ISI inspection in November 2009.
This is Pearce, obviously. Note here that the civil case is mentioned, and the full range of his convictions is alluded to. Quite different from the "recent serious incident" (singular) mentioned in November 2009.
(v) A previous lay teacher, for many years no longer associated with the school, the Abbey and the monastery, was most recently tried and convicted in 2008.
This is Maestri. As mentioned above, we can set him to one side for the moment.
(vi) The case of a monk, now for a long time living abroad, has not been pursued.
This is Soper, and clearly the case has been taken up again since. According to Carlile, the first allegations against Soper became known by the school in November 2009, i.e. at around the time of the inspection visit, though whether before or after isn't clear. But it can reasonably be argued that even if the allegation came in after, Cleugh had a duty to ring up the inspectors and mention it, since they hadn't yet produced their report.

The ISI also made mention of the Charity Commission in its supplementary report. Cleugh knew that the Statutory Inquiries had taken place, although the report wasn't issued until December 2009. but this was still well before the ISI issued its reports, and again a phone call to the inspectors to say it was now available would have been a good idea, and I have no doubt it is what Cleugh himself would have expected of another school had he been inspecting it.

And the ISI definitely wasn't aware of all these events, as you can see from the my correspondence with Durell Barnes of the ISI.

So, we have Mr. Cleugh's assurance that he didn't mislead the inspectors, that the school "continues to co-operate with all the relevant authorities", which he made at his prizegiving day speech and repeated in front of Lord Carlile, 5 TV cameras and about 40 journalists, and yet we seem to have all these relevant pieces of information which Cleugh obviously knew about but for which there is no evidence that he shared with the inspectors.

What are we to make of it?