Saturday, 2 October 2010

The Bevins Prize

The shortlist for the 2010 Bevins Prize for investigative journalism has been announced.

The Times's Sean O'Neil and David Brown are on the shortlist for their investigation into the child sex abuse scandal centred on Ealing Abbey and St Benedict's school.

These are some of the articles written by The Times back in April.

Britain’s top Catholic ‘protected’ paedophile

The Catholic boy abused by Father David Pearce whose life fell apart

Catholic Church’s bluster over child abuse puts its good work at risk

Archbishop of Westminster ‘dodged apology over sexual abuse’

Congratulations to Sean, David and The Times.

Monday, 27 September 2010

28 Days

A comment left on the Call For Evidence article said this:
Abuse at St Benedict's has been going on for decades and we have 28 days to submit our evidence!
Of course, he's right. It is completely unreasonable for this to be limited in this way. I've been contacted in private by a significant number of victims of abuse at the school. I know how hard it was for them even to make a private and confidential approach to me. Some of them have gone on to make a report to the police, some have not yet felt able.

Among those who have made a report, in some cases it took a gradual process of encouragement over several weeks before they finally plucked up the courage to pick up the phone and make the call. For the inquiry to go in just 28 days from an impersonal (and obscurely worded) ad in the local paper to victims coming forward with cogent accounts of events which they had suppressed in their memories for anything up to 40 years is just not remotely plausible.

There are only two possible explanations of this.
  1. Those who placed the ad have not the faintest idea of the psychological effect abuse has on children.
  2. Those who placed the ad have deliberately designed the ad in order to get the most minimal possible response.
The ad also omits issues of absolutely vital importance to any victims who might be considering contributing. Issues such as confidentiality - Will my name be published? Will the details of my experiences be given to the school? Will contributing to the inquiry in any way affect my rights to make a civil claim or to report a crime to the police? Would contibuting to the inquiry in any way impede ongoing police investigations?

I sent Lord Carlile an email saying that I had advised any victims who might be considering civil action to consult with their solicitors before making a decision about participating, and that similarly I had advised those who had made statements to the police and where there were ongoing police investigations to check with the police to ensure that any contribution would not hamper police enquiries. He replied as follows.
You are right to suggest that the persons you mention should obtain independent legal advice. I expect such advice to be to the effect that anything said to me will not risk compromise of other proceedings - not least because it is not my intention to publish the material they provide in an attributable manner.
That's fine, but this is the first knowledge I had that  he would not publish such material "in an attributable manner". That ought to have been included in the ad, not in an email reply to me. And unless that intention is published, then any legal advice provided by victims from their solicitors can't make the assumption that the information will be treated confidentially.

Then there are issues of the location of any meetings. Lord Carlile appears to be assuming that for his own convenience and the convenience of those who live near the school, meetings will be held at the school itself, and people will be waiting in the school for the previous meeting to end so they can go in for their own discussion. Nothing could be better calculated to discourage people to come forward than the idea that they would have to return to the scene of the crime in order to give evidence about it. I have arranged to meet Lord Carlile at his chambers. You can too. It is neutral ground, in Central London, away from the school. But it shouldn't be me assuring you of this, this should have been included in the original ad - if the aim was to encourage people to come forward.


Given that a current teacher is under investigation, and there are indications that the abuse has been going on for decades, even if the school were overnight to change so radically that no new abuse were to occur starting tomorrow, the chances are that as past victims gather the courage to come forward, there is going to be a long "tail" to this matter, as people perhaps 30 years hence come forward with complaints of abuse that they suffered at the school in their childhood. The inquiry cannot and will not be the end of the matter.

If you are a victim, even if you find yourself unable to contribute evidence to the Carlile inquiry, that doesn't in any way affect your right to go to the police later on with a description of the abuse you suffered, whenever you find that you have the strength to do so. The Carlile inquiry is entirely separate from any police investigations and has a different purpose.

I've been calling for an independent inquiry since my very first article on this topic back in August last year. I can hardly refuse to co-operate now that it has been set up and I've been invited to give evidence, no matter what my reservations might be about how it has been organised. So I'm going to tell Carlile all I know, subject to the promises of confidentiality I have made to the victims who have contacted me.

Sunday, 26 September 2010

Call for Evidence

An advert has appeared in this week's Ealing Gazette, top left quarter of page 17. The wording is as follows:
CALL FOR EVIDENCE

An enquiry is being undertaken by Queen's Counsel, Lord Carlile of Berriew, in relation to events at St. Benedict's School, and Ealing Abbey, which have given rise to adverse publicity. The terms of reference are:
  • The history of abuse allegations and findings made by and/or at St Benedict’s School.
  • The history of abuse allegations and findings made in connection with Ealing Abbey, and anyone involved in any activities at the Abbey.
  • The action taken in respect of the matters described in paragraphs 1 and 2 above.
  • Past and present policies, written or otherwise, for dealing with such abuse allegations and findings.
  • A future policy for the effective protection of young persons by whom any such allegations are made.
  • An effective complaints system, and the provision of information about such a system.
  • Files and paperwork concerning complaints.
  • Other reassurance for present and prospective students and their parents/guardians.
  • Issues concerning presence at the Abbey or School of persons who have been the subject of findings and/or allegations.
Anybody wishing to provide evidence to the enquiry should do so in writing within 28 days to:

Lord Carlile of Berriew QC
c/o 9-12 Bell Yard
London, WC2A 2JR
Quite frankly, unless anybody already knew about what the publicity has been all about, I doubt very much that this advert would enlighten them. As I've mentioned before, the terms of reference aren't even grammatically stated, and this version is even worse than the one which appears on the school website, in that the numbered list of points has been converted into a bulleted list, making it that much less clear what "paragraphs 1 and 2" are.

But the thing that I think can be discerned from this advert is the true objective of the Trustees. The advert doesn't once mention "sexual abuse" or the harm done to victims, but instead coyly refers to "events" and "allegations", as if these allegations had not already been substantiated in four separate criminal trials and one civil action. Most tellingly, the first paragraph mentions that these events "have given rise to adverse publicity".

That seems to be the primary concern of the Trustees, spelled out in the first paragraph of the advert. The objective is to find a way of damping down the adverse publicity, not to find out the extent to which sexual assaults have been endemic within the school over decades.

I doubt that Lord Carlile saw the wording of this advert before it was approved for publication. But in due course I will be able to find out.

If you are a victim of sexual abuse at the school or the Abbey, then I have the plea for you: Please go to the police and report it. It doesn't matter if the abuse happened last week, last year, 10 or 30 or even 50 years ago. It doesn't matter if the perpetrator is now dead or already in prison. It doesn't matter if you feel that the abuse you suffered is "relatively minor". Any kind of sexual abuse can be thought of as "relatively minor" compared to forcible rape or buggery, but many kinds are nonetheless illegal and can wreck the victims' lives.

You may feel that there is no point - that it would be your word against your abuser's. But if several different victims of the same abuser all come forward, then it is no longer a matter of the unsupported word of one victim. So by coming forward you might not only obtain justice for yourself, but also help others to obtain that justice, and help ensure that pupils at the school today are made more safe.

The police can use every piece of information that is provided to them. The more they have, the more detailed is the picture they can build of those who have been involved, either in actual abuse or as an accessory to crimes by engaging in a cover-up, procuring the silence of victims.

Paedophile abusers depend on obtaining the silence of their victims, through fear, shame or misplaced loyalty. And they are very good at instilling all these. Abusers who are Catholic priests have all the magisterial authority of the Catholic Church to draw on, they can fill you with fear that you will be condemned to hell if you tell, they can threaten you or your family with ruination, they can tell you that nobody would believe you. They can make claims on your loyalty because of other help or assistance they have provided to you or your family, they can say how much harm would be done to the school (and to your education) if you were to have to leave or he were to stop teaching you. Because they have worked themselves into positions of trust and authority, they are especially dangerous, because parents have trusted them with the care of their children.

If you decide you are able to come forward and report crimes to the police, it is worth also considering providing a submission to Lord Carlile's inquiry. Any contribution to that can go wider than merely describing crimes against you. You can describe the overall atmosphere and culture of the school, so he can decide whether that contributed to allowing the sexual abuse to remain hidden for so long.

Let's tell Lord Carlile what has really been going on. Write to him, ask for a meeting. He may suggest that he meets with you at the school, but if the school holds bad or fearful memories for you, you are under absolutely no obligation to meet him there.

I shall be meeting Lord Carlile, and after the recent unpleasantness outside the school gates, I have told him that it would be entirely inappropriate to meet on school premises. I have made an appointment to meet him at his chambers in Bell Yard. If you want to meet him to go through your account in person, you can make the same request.

Lord Carlile has requested that the meeting be private, in that no account of it (beyond the fact that a meeting has taken place) is published before he issues his report. My guess is that this request is being made as a matter of course to all those he is arranging to meet, and I think that is fair enough, though I've pointed out that it's not reasonable for other accounts to be suppressed in perpetuity should publication of his report be cancelled or unreasonably delayed.

As I understand it, the Call for Evidence advert will also be placed in the national papers as well. If you happen to see one please let me know. I've suggested to Lord Carlile that the call for evidence should also be placed on the Abbey and School websites, included in a letter to all parents, and sent out as an email to everybody on the OPA mailing list. To the best of my knowledge none of this has been done so far.

Saturday, 25 September 2010

Reporting abuse to the police

A comment today on my previous article raises some important issues, sufficiently important that I'm going to repeat part of the comment here and respond rather than simply reply in another comment on the other article.

The kind of dilemmas I face in coming forward include (1) is my own complaint enough - an allegation that one of the three parties under investigation would regularly squeeze my thigh high-up during regular extra coaching sessions as a tongue-in-cheek and slow punishment for getting answers wrong? It's horrible to have to explain it and even worse if it doesn't help the police make a case.(2)Although I know this is wrong, one cannot help having a sense of guilt about betraying Benedictines who, along with abuse, did actually help me a lot, and I have had it said to me by a former old boy contemporary that to go public with any complaint would be a very wicked thing to do. It would certainly upset a lot of people if they were to know.
I do entirely sympathise with your dilemma, and have heard similar things expressed by other victims, both at St. Benedict's and elsewhere. Your concerns and reactions are entirely normal for the situation you find yourself in.

Let's deal with the individual points in turn.

Is my own complaint enough? By itself, perhaps not enough for a criminal prosecution. But it might help police discern part of a larger pattern of abuse which enables them to move forward with a prosecution. There's also the matter of Lord Carlile's inquiry which I'm going to discuss again in another article soon.

It's horrible to have to explain it. I wholly sympathise. I've heard the same from others. This is a major reason so few victims ever come forward, and why it is that of those who do come forward it takes so many of them decades to summon the courage. But if you can summon that courage, I think that you will find that in the long run it helps you with the rest of your life, it will be a bit of control you have wrested from those who would have you remain silent and helpless. From what I've seen of other victims, taking power back in this way often does wonders for the person's confidence and self-esteem.

It's even worse if it doesn't help the police make a case. If you don't come forward, it can't possibly help the police. But you know from other arrests and prosecutions that the police have taken an interest, and that their interest is continuing. The chances are that it will help, even if it is only in a small way. And of course, if you don't come forward, there is perhaps an increased chance that other children will end up suffering as you did.

Although I know this is wrong, one cannot help having a sense of guilt about betraying Benedictines who, along with abuse, did actually help me a lot.  Gary Glitter had some good songs as well, and those songs gave a lot of enjoyment to people in his day. That doesn't make the abuses right, nor mean that he didn't deserve to go to jail for them. And of course, it was only because they worked themselves into positions of trust and authority that those Benedictines were able to have access to so many children and were so able to do so much damage to them. Some of the monks and priests who didn't actually participate in the abuse are undoubtedly complicit by themselves remaining silent in the face of anything that they have seen and heard. The fact is that the good they did is what they said that they were supposed to do.

I have had it said to me by a former old boy contemporary that to go public with any complaint would be a very wicked thing to do. This old boy is saying that it is OK for priests to abuse children and not OK for the abuse to be reported. I'll leave it to you to decide what form of morality this represents.

It would certainly upset a lot of people if they were to know. Social pressures. Who do you think has been involved in building up those social pressures? Amongst others, it is the very priests who have been involved in the abuses. Clever career paedophiles go to great efforts to burnish their outward appearance of respectability.

Paedophile abusers thrive on secrecy and silence. They rely on their victims not coming forward. The main reason it is so difficult to come forward is that imperative not to tell was imprinted at an emotional level long before your rational mind was sufficiently developed to question and reject an order of this kind coming from somebody in such a position of high authority.

Some victims have gone on to make statements to the police after contacting me privately. The reports that I have had of the interview process are that it is handled sensitively, that time is given where necessary for coffee or smoke breaks to allow the victim to recover his composure after going through a difficult part of the interview, and the officers conducting the interview are specialists in investigating this kind of crime.

If you come forward and live in the London area, you will probably be invited to come to Northwood Police Station to give your statement, and be interviewed by one or more officers of the Northwood Child Abuse Investigation Team.

If you live elsewhere in the country and reaching London is difficult for you, then as I understand it what normally happens is that you will be interviewed by officers from a Child Abuse Investigation Team from your local police force, and your statement and a videotape of the interview is sent to Northwood.

This is what will probably happen if you are a victim of abuse at St. Benedict's. If you happen to have come across this blog having been abused elsewhere, the procedure will of course vary to some extent - it will be a different Child Abuse Investigation team which investigates your case.

Friday, 24 September 2010

Continuing shortcomings in the Child Protection Policy

I have to say that as a result of the DfE having a hissy-fit about the May 2010 version of the Child Protection policy, the new September 2010 version is somewhat better. But it would have required a very serious effort to make it worse than the May 2010 version, so saying it is an improvement isn't that much of a commendation. There certainly isn't enough of an improvement to justify the policy being described as "good" or even "adequate". It still has very serious deficiencies. These are some of the most obvious:

Section 22 deals with the duties of the Designated Teacher, but does not specify what the Designated Teacher will actually do on receiving a report or allegation of abuse, but rather there is a list of things which the Designated Teacher "will take into account". This kind of wriggle-room is precisely what a Child Protection Policy ought not to have.

The training requirements with regard to safeguarding remain wholly inadequate. Section 9 specifies that the Designated Teachers and deputies shall receive "basic child protection training and training in inter-agency working and will attend refresher training at two yearly intervals". Other staff, according to section 16(h) are to undertake "appropriate training including refresher training at three-yearly intervals". What is "appropriate" is not specified, but is presumably less than the "basic" training specified for the Designated Teachers. This falls far short of the recommendations of the Ealing Safeguarding Children Board, as indicated in their Training brochure. This document indicates that the Ealing SCB Target Group 3 training is suitable for Designated Teachers and people with comparable levels of responsibility for safeguarding matters, while Target Group 2 training appears to be the level suitable for other teaching staff, and Target Group 1 is suitable for ancillary staff who have occasional contact with pupils. Only the Target Group 1 training could reasonably be described as "basic". The Child Protection Policy should be specific in describing the required levels of training, and should reflect the recommendations of the local Safeguarding Children Board.

The ISI supplementary report mentions that a member of the Board of School Advisers has been appointed as the "child protection governor". However, this person's name and duties are not stated anywhere in the Child Protection Policy. Also, the policy makes reference in section 31 to "Other staff with Child Protection responsibilities", but does not describe what their responsibilities and duties are. There's no point in having such positions unless there is some description of what the occupants of those positions are supposed to do.

Appendix 2 appears to have been copied and pasted whole from the policy of another school. No attempt has been made to harmonise the text with the rest of the policy. An obvious example is that Appendix 2 refers to "Child Protection Officers" rather than "Designated Teachers". It is clearly necessary that this new Appendix is properly integrated into the policy and that any necessary consequential changes to other clauses are made, to ensure that there is no contradiction or confusion between potentially conflicting requirements in different clauses.

Although the policy is now clearer about always referring cases to Social Services, it doesn't state that allegations of adult-on-child abuse shall always be referred specifically to the Local Authority Designated Officer for Child Protection (LADO). This needs to be changed.

The policy is silent on the procedures to be followed on completion of a police or Social Services investigation, either in terms of what to do with a teacher pending a criminal trial, or in terms of what procedures to follow if the case is passed back to the school for further investigation and/or disciplinary action under the school's internal procedures. This is a particular concern, since the school is presumably applying these non-existent procedures to the current investigation of the suspended teacher.

Section 30 requires that the Designated Teacher shall monitor the operation of the policy and procedures. Since a large proportion of the procedures are carried out by the Designated Teacher, we have the ridiculous situation where the Designated Teacher is supposed to monitor his own actions. A more independent monitoring scheme needs to be put in place.
The overwhelming impression is that the school has made the minimal changes necessary to scrape through the regulatory requirements, and that there is no desire or intention on the part of the school to make the thorough overhaul of both its policies and the school culture that would be necessary to promote excellence in its safeguarding practices, as described in Recommendation 2 of the ISI Supplementary Report. The headmaster even tried to pass off the May 2010 version as "wholly compliant" until the DfE rumbled him. It took me 22 articles to highlight the shortcomings of that version, and even then I probably missed a few!

Thursday, 23 September 2010

Providing Evidence to Lord Carlile

Lord Carlile is conducting his inquiry into safeguarding and child abuse at St. Benedict's School, and I understand that he's willing to take submissions from anybody connected with the school who has any knowledge, information or concerns that they want to impart.

It appears that Lord Carlile intends holding meetings at the school itself. This seems to me to be a fantastically bad idea - any former pupil who was a victim of sexual abuse or other mistreatment at the school is likely to find the thought of re-entering the school very intimidating, especially if the purpose is to dredge up painful memories of past events there. Even parents who have had bad experiences with the school might find it difficult to go into the school to meet Lord Carlile.

I have been in contact to make arrangements to meet Lord Carlile, and I have requested that we meet away from school premises.

As far as I can tell, neither the school nor abbey website has yet published any means by which parents, former pupils or others can contact Lord Carlile directly.

So if you have information you want to pass to the inquiry, but feel that it would be too intimidating either to pass written submissions via the school or to go into the school for a meeting, I am happy to act as a channel, either to pass a request to Lord Carlile for a meeting elsewhere or to pass on a written submission. Email me at jonathanwest22@googlemail.com.

But if you want me to act as a channel to Lord Carlile please contact me soon, ideally within the next week. As I understand it, he's aiming to get his report completed by the end of the year, it will take time to order all the evidence that he has received, and I don't doubt that he still has other commitments to fit in. I can only presume that he's going to try and fit in as much evidence-gathering and as many meetings and interviews as possible into early October.

The Carlile Inquiry

We now know a bit about the Carlile Inquiry. The inquiry was described in the meeting on 14th September and the the Terms of Reference have been posted on the school website. They are as follows:
To provide a report and recommendations covering the following issues:
  1. The history of abuse allegations and findings made by and/or at St Benedict’s School.
  2. The history of abuse allegations and findings made in connection with Ealing Abbey, and anyone involved in any activities at the Abbey.
  3. The action taken in respect of the matters described in paragraphs 1 and 2 above.
  4. Past and present policies, written or otherwise, for dealing with such abuse allegations and findings.
  5. A future policy for the effective protection of young persons by whom any such allegations are made.
  6. An effective complaints system, and the provision of information about such a system.
  7. Files and paperwork concerning complaints.
  8. Other reassurance for present and prospective students and their parents/guardians.
  9. Issues concerning presence at the Abbey or School of persons who have been the subject of findings and/or allegations.
The first and most obvious thing we can say is that this appears to be authentic Abbotspeak. As with the previous "independent review", it appears that the Abbot is constitutionally incapable of creating a numbered list consisting wholly of grammatical and meaningful sentences. One would have thought that given the huge amounts of money that they are about to spend on this inquiry (somebody who is a Lord and senior QC isn't exactly going to be cheap) that they would have taken a bit more of a look at this before publishing. It doesn't exactly stand up as an advert for the quality of education currently provided by the school.

With respect to items 1 and 2, the question is "findings by whom"? Whose findings are we concerned about here? If we are talking about the school's findings, then items 1 and 2 will be very quickly be disposed of, since the school has hardly ever found that anybody has abused anybody at all!

Whether there is anything to report with regard to item 3 depends to a great extent on how Lord Carlile interprets items 1 and 2.

On all these points, there is a worrying point in that nothing is said about how far into the past Lord Carlile is to probe. The earliest account of abuse I'm aware of dates from the late 1940s, and there is no reason to expect that the earliest example I happen to have heard of is the earliest that has occurred. If Lord Carlile is going to get to the start of the abuse, he might have to end up investigating the founding of the Abbey back in 1897 and of the school in 1902!

With regard to item 4, it might be hard to obtain evidence about unwritten policies. But the absence of written policies or the failure to follow written policies shouldn't be too hard to spot.

Item 5 is simply not grammatical. If it had ended with "young persons" then it might have made more sense. I suppose I'll have to ask Lord Carlile what he thinks it means when I meet him.

Item 6 is unclear. Does in mean investigating whether there has been and effective complaints system in the past or whether there is one at present? Or is it accepting that there isn't, and this point is about what needs to be done to institute a complaints system in future?

In any case a "complaints system" is far too broad an issue. Complaints about what? This inquiry is supposed to be focussed on safeguarding, and therefore what is needed is an effective and well-operated child protection policy. An effective child protection policy by definition includes provisions for dealing with allegations of child abuse. It seems that the trustees don't even have a clear idea about the basic vocabulary of child protection, let alone how to run a child protection policy in a school. I suspect that Lord Carlile might have his work cut out!

Item 7 is also ambiguous. Does this mean that Lord Carlile will review existing files and paperwork concerning complaints, or that he will make recommendations concerning how such files should be maintained in future?

And what on earth is this business about reassurance in item 8? How on earth is Lord Carlile supposed to investigate that? In fact, I rather suspect this betrays the Trustees' real objectives in this. They are spending a sum probably of the order of a quarter of a million pounds on an exercise in reassurance. As the headmasters comments at the safeguarding meeting amply showed, there is no evidence of any interest in actually improving safeguarding, but they want to give the impression that Something Is Being Done. Lord Carlile's name will of course appear on the cover page of the report in letters rather larger than the title. And of course a glossily printed copy will be sent to each parent. The aim is to provide a reassurance to parents that All Is Well Really, if with some minor tweaks to procedures.

Sorry if the capital letters make this all look a bit like Winnie the Pooh, but as far as I can tell, this is how the school is actually in the habit of addressing parents, as if they were three years old and being read a bedtime story. With some parents it may work. The interesting thing is going to be whether Lord Carlile is prepared to go along with such an exercise in reassurance. It may turn out that he feels that the abuse had been so bad and the attempt to avoid facing it is so blatant that he isn't prepared to go along with it and issues a surprisingly critical report. We shall see.

Item 9 is really none of the inquiry's business. There are legal obligations which the Abbot is trying to sort out with the Department for Education, but the law and the ISI's recommendations are perfectly clear. The school, as part of its duty of care to the children, has a legal obligation to ensure that persons who are known to a be a danger to children are kept off the premises.

There is another issue here, and that is what has been left out of the Terms of Reference. The above covers what his Report is supposed to contain. But the Terms of reference don't include anything about how he is to go about his inquiry.

This was filled in a bit by the headmaster at the meeting last week. Apparently Lord Carlile will be interviewing people in addition to looking at documents. Adverts are to be put in the local and national press inviting old boys and victims to come forward and give evidence. And even I have received an email invitation to speak to him! But there is one obvious way of encouraging OPs to come forward with their experiences which seems to have been forgotten - an email to the OP main email list. Or perhaps it is just that Richard Baker is less than keen on more evidence appearing about the activities of his friend David Pearce.

But the real problem with this inquiry is that it ends merely with a Report. The trustees will have spent all that money, and still will not know how to operate an effective child protection policy. To change that, several additional things are going to have to happen.
  1. The Trustees and headmasters are going to have to decide that they want to have an effective policy
  2. The Trustees, headmasters are going to have to be provided with an unambiguous and well-written policy and set of procedures, that not only meets the school's legal obligations but is a model of excellence.
  3. The Trustees, headmasters and staff need to learn how to operate the policy
  4. The Trustees, headmasters and staff need to have ongoing mentoring to ensure that they don't drop back into old bad habits.
At present, the evidence from the headmasters comments in the Safeguarding meeting offers no confidence that even item 1 can be achieved.

Item 2 isn't all that hard, I know where a model policy can be found and it would be a straightforward matter to adapt it to the school.

Item 3 is much harder, especially if the will from top management is absent. But if that problem can be overcome, there are organisations who could come in and provide a consulting and training service for this. One possible organisation is the Lucy Faithfull Foundation.

Item 4 can be dealt with by ongoing mentoring and refresher training from the same organisation, if there is the will from management.

The interesting thing though is that these four items could be achieved perfectly well without involving Lord Carlile at all, but by commissioning the Lucy Faithfull Foundation or somebody similar immediately.

So why are they spending all this money on Lord Carlile?