Since its inception in July, the
Independent
Panel Inquiry has made
several
serious but avoidable faux pas and continues to function without a Chair,
arguably its most vital member. But what else has the Inquiry done to date and
is it more of a hindrance than a help in the quest to safeguard Britain’s
children from abuse and exploitation?
In
a meeting in the House of Commons last Thursday, MPs met to discuss the
Panel Inquiry and its progress. It was confirmed that the Inquiry had attended
two sessions described as listening meetings with survivors of child abuse to
hear their thoughts, and to take on board other important factors which may aid
the inquiry process. A positive move, given that the Inquiry has been
accused of being insensitive to survivors in the past for failing to include
them more robustly in the inquiry process. In addition to weekly conferences
being held in the run-up to Christmas, the panel also has two scheduled
regional get-togethers before the New Year and four further meetings have been
set for 2015. However the lack of a Chair has caused concern, with some MPs
questioning the official nature of the work the members were doing without a
complete panel, which may anger survivors if their input is set aside or
down-played once a Chair is elected.
The thorny issue of who will be Chair is also unlikely to resolve itself
quickly. When asked about the time frame for electing the Chair, the Home
Secretary was unable to give an answer, saying only that the selection process
was underway and that over 100 candidates were being considered for the
position. And although the
list of candidates remains
a secret for now, there was evidence at the meeting that
several senior judges had been invited to take the position but each one had
declined, viewing the role as a poisoned chalice. This view may be in part due
to the poor reception previous Chairs have received by the public, but is most
likely to stem from the concern that a judge sitting on the panel may be
accused of asserting executive control over the proceedings. Such control may
in turn create the potential for the public, and survivors, to be shut out of
the investigative process altogether.
Yet the conundrum of who will lead the panel may be the least of the
Inquiry’s woes.
Under
its current remit, the inquiry is only tasked with looking at abuse within
England and Wales, has a limited and some might argue too narrow a set of
reference terms (Northern Ireland is not included for a start), and its powers
to compel witnesses and protect evidence virtually non existent. And despite
its scope, which includes looking at abuse in Wales,
there
is not one Welsh panel member.
The panel too, is surprisingly homogenous. In a multi-cultural society,
which is affected across the board by child abuse, a panel that is not
representative of that diversity is a glaring oversight. It also makes room for
potential misunderstandings. The Inquiry will inevitably have to look at
different demographics affected by child sexual abuse and exploitation and may
lay itself open to the criticism that it is finger pointing and passing
judgement on entire communities it simply does not represent, or understand. It
could also make room for right wing elements to jump onto the bandwagon, and
twist the inquiry’s findings to at best alienate ethnic minorities further and
at worst incite a xenophobic panic amongst the public at large.
Whilst it is clear that child abuse is not a unique phenomenon to any
particular race, culture or religion, there are layers of incentivisation
present which are unique to each and so the panel will have the rather delicate
job of identifying and addressing these if they wish to make an effective
contribution to the future of safeguarding. This they can only do with an
ethnically diverse panel which represents Britain today and which features
highly experienced safeguarding professionals as well as survivors of abuse.
The inquiry is in danger of becoming a stumbling block rather than a step
forward in the fight to tackle child sexual abuse, with its delayed start and
unsure footing created by an incomplete panel, diplomatic scandals and
potentially impotent modus operandi. But there are ways in which the Inquiry
could rise from the ashes and make a meaningful contribution to the future of
safeguarding, after all.
In order to do this, the Inquiry would firstly need to raise its status to
that of a Statutory Inquiry. This is something the next approved Chairman
could initiate, and would then allow him or her
to compel a
person to give evidence, and to produce documents and other things which
may be relevant to the inquiry – a crucial power for a cause which has already
seen
controversial documents go
missing and
much-needed
evidence shredded. An inquiry with statutory status would also have
the power to make
it an offence not to supply relevant information, punishable by a fine or
imprisonment, another perhaps equally important measure to incentivise
witnesses and others to come forward.
Widening the panel’s remit to include Northern Ireland could also allow for
a more comprehensive inquiry, not least of all because
Northern Ireland’s own inquiry into child
sexual abuse may prove deeply helpful to understanding the phenomenon
further. However it could also be viewed as a costly and unnecessary dimension
given the current inquiry underway in Northern Ireland.
Scrapping or supplementing the current panel too, is a necessary
consideration. A panel without ethnic diversity or more than one survivor has
very little chance of getting to grips with the many complex and nuanced layers
of child sexual exploitation. The argument that information from these groups
can be collected regardless of whether they sit on the panel or submit as
bystanders is both unfounded and egregious, and reflects the government’s
current misconceptions about the inquiry and how best to bolster a satisfactory
outcome. Deplorable too is the view held in some quarters that survivors
would provide nothing more than an emotive and unstructured element to the
panel – on the contrary, their unique understanding of the world of child sexual
abuse should make their contribution the central axis upon which every panel
member should take their cue.
And all of this must be done in an open and
transparent fashion, with tangible deadlines and visible structures. The list
of 100 candidates for Chair should be made public so that an open and
democratic debate about the front runners for this most important position can
be held. A deadline should also be set for the election of the Chair. The
Inquiry’s panel members and the government may believe that their work pertains
to the past and that, as their remit suggests, they are looking at historic
abuse, but every survivor will tell you that there is nothing historic about
the wounds and the pain they carry with them today. Another misconception which
continues to gnaw away at any good faith the Inquiry may have had upon its
inception. And finally, the inquiry should set out a timetable for the work to
be done. No one will mind if they run over some of those deadlines in order to
complete the job, but frustration will continue to grow if the inquiry does not
at least lay itself bare and hold itself accountable to the very people it
purports to protect.
The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.
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