Thursday, 15 December 2011

Richard Yeo resigning from the visitation?

The Times yesterday carried a report that Abbot Richard Yeo has offered to resign from his role in the Visitation.
A spokesman for the Diocese of Westminster said yesterday that Father Yeo had offered to resign after a meeting with Lord Carlile. “Father Richard Yeo felt that as he is the Benedictine Congregation’s Abbot he should offer his resignation to the Congregation for the Doctrine of Faith (CDF). Father Yeo has not yet received a response from Rome,” he said. “It is for the CDF to accept or decline Father Yeo’s offer to resign. Similarly, the CDF would determine if a replacement were to be needed.”

Lord Carlile said yesterday that Bishop Arnold and Father Yeo had met him in private after the publication of his report to discuss the conclusions he had reached.

“I suggested to Father Yeo that there would be at least a perception of a conflict of interest in taking part in any further Visitation,” Lord Carlile said. “Clearly following the discussion he felt that advice was appropriate and he would step down. It is the right and responsible decision.”
Abbot Richard Yeo should never have been appointed to the Apostolic Visitation in the first place. The conflict of interest is clear and obvious.

As the head of the English Benedictine Congregation and a member of the Cumberlege Commission, he should some years ago have been advising the Abbot of Ealing on safeguarding issues and making sure that the advice was taken. If any advice was given, it clearly wasn't taken. If the visitation is to be thorough and complete, he would have to investigate himself.

Bishop John Arnold, the other Visitor, also has a conflict of interest and should never have been appointed either. His immediate superior, Archbishop Vincent Nichols, has known for a number of years that there were significant problems concerning child sex abuse at Ealing Abbey, and he has done nothing as far as I know. He has said in public that he has no formal authority over Ealing Abbey, but he could at any time have requested an Apostolic Visitation. I did that, and my request was granted. A request initiated by Archbishop Vincent Nichols would have had far more authority than a request from a mere layman. So if the Visitation is to be thorough, it also has to review the inaction of the Diocese of Westminster, and John Arnold would therefore have to investagate the inaction of the diocese led by his own archbishop. That would include the appalling pastoral failing involved in Nichols' letter to "C", replying to C's description of the abuses he suffered at the hands of Pearce.
I am grateful to you for telling me something of your background. I was sorry to read of the harmful experiences you have had, and the continuing effects of these for you and your family. I am sorry that you feel that the Roman Catholic Church has failed your family.
So, no apology for the abuse. Just an expression of regret that C feels the church failed his family. Would Arnold have the nerve to criticise his own archbishop for this or any other failings? I very much doubt it.

You don't get a mess like Ealing Abbey without there being serious management failings at multiple levels. Obviously most of the responsibility has to lie with successive Abbots at Ealing itself, but the abuses could never have gone on for so long had there not been serious failings elsewhere as well. While the Apostolic Visitation is being run by Yeo and Arnold, it will always be suspected that its purpose is to find out as little as possible, lest it further embarrass the Catholic Church.

Saturday, 10 December 2011

Carlile Report summary

So, now we have been in detail over the Carlile report, it is worth taking a further look at it in the round.

Paragraphs 1 to 8 are background information concerning the school and the circumstances in which the inquiry was commissioned and its report was delayed. Almost all of this information was already in the public domain.

Paragraphs 9 to 14 describe in general terms who he has spoken to, the abuses that have been committed and where the blame for them lies. There general details of the range and extent of abuses at the school is already in the public domain, though many of the individual instances which were disclosed to Carlile no doubt had not been publicly disclosed and Carlile is (quite properly) not disclosing them now. The rather simplistic allocation of blame is obvious, but gives no guidance as to how such abuses can be avoided in future.

Paragraphs 15 to 32 mostly provide information concerning the governance structure of St Benedict's, and for comparison the structures of some other Benedictine schools. The information concerning current structures of governance is already in the public domain, some of it on the school website, some of it in the trust documents and Charity Commission reports. The only significantly new item in this section is Carlile's recommendation in paragraphs 30 and 31 concerning a new structure of governance for the school.

Paragraphs 33 and 34 provide some details concerning who has been convicted of or alleged to have committed abuses. The list is incomplete, Carlile certainly received allegations concerning Father Kevin Horsey in addition to those which he has listed.

Paragraphs 35 and 36 describe a range of failings alleged by the solicitors for a victim, and he says that these would not have occurred under a more modern form of governance. but he isn't specific about how a more modern form of governance would have prevented them.

Paragraphs 37 to 43 largely provide public-domain information concerning the Nolan and Cumberlege reports, and mentions with regret that no governance review of the school was carried out post-Cumberlege.

Paragraphs 44 to 46 talk about reporting arrangements within the school concerning allegations of abuse, but no specific and formal recommendations are made. More importantly, no recommendations are made concerning external reporting of allegations to the statutory authorities.

Paragraphs 47 to 56 describe the recent history of the school in terms of inspections by the ISI, and subsequent correspondence with the DfE and the ISI. In the course of it, Carlile quotes various recommendations made by the ISI (which are already in the public domain in its own reports), but he makes no new recommendations of his own.

Paragraphs 57 to 65 continue to provide details of recommendations from ISI and DfE, particularly concerning the need for monks who have allegedly abused not to remain at the monastery. Carlile endorses the ISI recommendation in this respect but makes no further recommendation.

Paragraphs 66 to 68 summarise briefly diocesan safeguarding arrangements. Carlile approved of the extra layer of protection but considers it to be a desirable addition rather than a replacement for scrutiny by statutory authorities. A mention is also briefly made of the concerns expressed by the Schools Minister concerning the practice of keeping monks under restriction at the monastery.

Paragraphs 69 to 74 summarise the inquiries by the Charity Commission. The report of the two statutory inquiries is already in the public domain, but Carlile does disclose that there was a further compliance review following the allegations against Mr Y.

Paragraphs 75 to 80 again summarise who has been talking to Carlile.and what evidence he has been taking.

Paragraphs 81 to 82 mention a document audit that has been conducted separately to his inquiry, and Carlile endorses the recommendations of the auditor, the ISI et al concerning the importance of proper record keeping.

And paragraphs 83 to 85 are his conclusions, which is basically that all is now well, the school is a wonderful place, safeguarding there is as good as anywhere in the country and that all his recommendations can be implemented by 1st September 2012.

What recommendations? He hasn't made recommendations in the plural, he has made just one recommendation, for a change in the governance structure, and that for reasons I have already described is unlikely by itself to greatly improve safeguarding.

In all the 37 pages and 85 numbered paragraphs of his report (not including the appendices), he has made no other recommendations at all. Most specifically, he has made no recommendations concerning improvements in safeguarding policies and practice. He has made no suggestions for improvements whose purpose is (as he described in the report) "to use the lessons and failures of the past to ensure that such problems are avoided in the future". The vast majority of the report is merely a rehashing of information, including other people's recommendations, which was already in the public domain when he started his work.

Carlile has introduced no new insight which wasn't already known a year ago. If you don't believe me, read the report again carefully for yourself.

The mountain hath groaned and given forth a mouse.

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.

Carlile Report analysis - 14

The next section is titled "Representations by individuals, and internet activity" and covers paragraphs 75-80. It briefly describes the different categories of input he received. The first was descriptions of abuse from victims, the second was representations from people supportive of the Abbey and the school. The third part of what Carlile took into account was this blog and the comments received on it.
An additional and significant part of the material I have studied has been the energetic online blog organised and studiously run by Mr Jonathan West. I met Mr West and colleagues during my Inquiry. I have not been immune from criticism in the blog. That notwithstanding, I have found its volume and content broadly helpful. A good deal of the information on it is anonymous, much is not to an evidence standard, and some of the language used fairly extravagant. Nevertheless the blog has been most helpful in directing individuals towards me, and enabling me to understand the behaviour complained of, and the cynicism and anger understandably felt by many about the events of the past.
I'm afraid the criticism has had to continue to some degree because I have found the report to be rather disappointing in the lack of any recommendations concerning safeguarding, which was supposed to be the whole point of the exercise.

The penultimate section of the report (not including the appendices) is titled "Document Keeping". In it Carlile states what ought to be obvious, that effective and secure recording of incidents and actions is vitally important. Perfectly true.

The final section of the report describes Carlile's conclusions. Worth repeating in full.
83. I am grateful for the information and co-operation I have been given for the purposes of my Inquiry. Nobody has obstructed me, and most of my interlocutors have striven to provide assistance.

84. I believe that St Benedict’s School, Ealing, is an excellent place for boys and girls to be educated in safety today and for the future. No school is perfect, and ‘never’ is a dangerous word and a hostage to fortune. However, if those responsible for the School adopt the advice offered in this Report, and advice from the agencies referred to above, I consider that St Benedict students will be as well safeguarded as anywhere else in the country, without in any way losing the Benedictine connection and ethos.

85. I believe that all recommendations in this report, especially the crucial advice about governance, can be implemented by the 1st September 2012 at the latest.
I'm not so sure about the truth of paragraph 83. Certainly I have no doubt that Carlile believes it to be true, but if stuff has been hidden from him he would not necessarily be in a position to know at the time of writing the report. I think at the very least the issue of whether Chillman is or chould be living at the Abbey is a debateable point. Given that Chillman merits two lines to himself in the table in paragraph 33, and had to resign as a trustee in 2010, if he is not to be required to live away from the Abbey I would have expected Carlile to say so and say why.

As for paragraph 84, Carlile is even less of an educationalist than he is a safeguarding expert, and he is entirely unqualified to offer such an encomium. Anyway, it is the Benedictine ethos which the ISI criticised as having taken precedence over the safety of the children, a criticism Carlile has quoted in his report.

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.

Carlile Report analysis - 13

The next section of the report, paragraphs 69-74, is titled "The Charity Commission", and looks into the various enquires that have been carried out by the Charity Commission into the school. Of the first inquiry Carlile reports the following.
The findings were favourable, particularly to the effect that the charity was able to demonstrate that its child protection policies had been reviewed by the appropriate authorities and were accurate.
It's important to understand what this means. The Charity Commission has no brief to investigate safeguarding. In an exchange of correspondence I have had with the Charity Commission, they stated the following in this specific context.
Whilst the Commission will often request trustees to provide copies of child protection policies and evidence that appropriate checks (such as CRB) have been conducted where required, the Commission does not generally comment on the adequacy of these policies as this is more appropriate for other agencies, such as Ofsted.
So, in essence, the Charity Commission checks that there is a document labelled "Child Protection Policy". They don't look inside to see if it is any good, they rely on other agencies to do that for them. In the case of St Benedict's, they were relying on the ISI. All they looked for was evidence that the school had a policy and that it had passed the last ISI inspection.

So, you can't rely on the Charity Commission ensuring that the child protection policy is either well-written or effectively implemented, since they in turn rely on others to police that. That's not wrong, after all, resources are limited and there is every justification for avoiding an overlap of government functions.

The Charity Commission's second inquiry was a different matter. As Carlile states
The Commission found that, despite assurances, the Charity had failed to implement restrictions placed on the individual [Pearce] whilst on its premises. The Commission was ‘extremely critical’ in this regard. One of the terms of the individual’s continued role in the Charity was that he was to have no access to children and young people on the Charity’s premises: the trustees had failed to ensure this was the case. However, they concluded that the trustees had taken positive steps to protect the reputation of the Charity; and had confirmed publicly that an independent review would be carried out to ensure that the situation could not reoccur.
So again, this was not a general review of child protection, but rather the narrow issue of how it was that the charity failed to keep Pearce away from children despite specific assurances on that point. The "positive steps" taken were to ensure that Pearce lived away from the Abbey during the period between his arrest and his trial. No attempt was made by the Charity Commission to conduct a more general review of safeguarding, again this was left to others.

Carlile reports that the Charity Commission completed a further regulatory compliance case into the allegations against "Mr Y". Carlile states that in the opinion of the Charity Commission:
The trustees were held to have complied fully with their obligations under the Commission’s serious Incident Reporting guidance, and had also complied with the recommendations made by the ISI with regard to safeguarding policy. They were satisfied that the trustees fully understood the requirements to have or put in place all the necessary controls to mitigate the risks the Charity’s beneficiaries, assets and reputation.
So, again, the Charity Commission are depending on the ISI. But there is a slightly odd wording here "They were satisfied that the trustees fully understood the requirements..." That doesn't actually say that the Charity Commission was satisfied that the necessary controls were in place, just that the trustees understood the need for them. So has the Charity Commission checked whether the necessary controls have actually been put in place? I will try to find out.

Wednesday, 7 December 2011

Carlile Report analysis - 12

The next section is titled "Diocesan and other activity" and contains paragraphs 66-68.
66. There are arrangements in place for child protection arrangements to be scrutinised and monitored, on a voluntary basis on both sides, by the Archdiocese of Westminster. The Archdiocese has its own system in place, and I had the advantage of meeting the experienced person currently fulfilling this function.
In the whole of this business, the diocesan safeguarding adviser Peter Turner is the only person associated with the church who in my view emerges with any credit. He advised the Abbot back in 2004 that Pearce should be considered a risk to children and should placed under restrictions. He tried to arrange a meeting last year between me and the Abbot to try and get my concerns addressed, but which the Abbot refused to attend. He's actually tried to do something. Unfortunately, Ealing Abbey's status as an independent Benedictine monastery has meant that the Abbot could and did ignore his advice, and there was nothing that he could do about that.

67. Whilst I favour this additional strand of child protection, and the interest of the Church given past events, in my view this should be considered as a desirable addition to the protection strategy rather than in any way substituting for the scrutiny of the statutory and local authority bodies. The same applies to any formal Visitation ordered by the Church, in which it is essential that there should be no conflicts of interest arising from past contact with St Benedict’s by any Visitor.
The first part of this is entirely sensible. The more checks and balances there are, the less chance there is of a problem spreading unhindered until it becomes a catastrophe on the scale of St Benedict's. Some degree of effective diocesan oversight of the safeguarding arrangements at St. Benedict's and all catholic schools would be a good idea.

There is a very simple and effective mechanism by which this could be done. All faith schools are required by law to undergo what are known as "Section 48" inspections to ensure that religious education and the overall ethos of the school are in accordance with the sponsoring religion. For catholic schools within the diocese, these inspections are carried out by a team of inspectors appointed by the diocese. It would be a straightforward matter for the diocese to establish a policy that effective implementation of good safeguarding procedures shall be considered to be part of the ethos of the church, and accordingly include a review of safeguarding in the Section 48 inspections, and have its inspectors trained accordingly.

If there is some legal difficulty with this in terms of this being considered properly within the scope of a Section 48 inspection, then the safeguarding aspects can be made the subject of an entirely separate and unofficial inspection which happens to be carried out at during the same visit and by the same inspector, but with a separate report being provided. It being a church inspection rather than a statutory inspection, it would be perfectly appropriate for the standards applied to be higher than the statutory minimum.

I also happen to agree with the last part of Carlile's paragraph, about the need for those conducting the Apostolic Visitation to have no prior connection with the abbey. But is a bit rich coming from Carlile, given the prior connections of Tony Nelson who appointed him to this task.

68. The Department for Education, to Ministerial level, has been following carefully the progress of the ISI inspections. I have reviewed the correspondence. The Minister of State for Schools in July 2010 sought reassurance that all the recommendations the ISI had made would be implemented promptly. This has been done. The Minister was particularly concerned about the arrangements whereby monks, after conviction or being placed on List 99, had continued to live at the Abbey, even under restrictions imposed by the Abbey in consultation with the Archdiocese of Westminster. These arrangements were described as ‘ineffective’ (and the practice no longer continues).
But the practice did continue and still does continue! At the time of writing, Father Gregory Chillman is still listed as a monk resident at Ealing Abbey.