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Justice denied: Britain's chaotic child abuse probe


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Justice denied: Britain’s chaotic child abuse probe

The government must act to make the sprawling inquiry manageable

 

Ben Emmerson, Baroness Butler Sloss and Dame Fiona Woolf have all exited from the inquiry

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https://www.ft.com/content/c85ebd4c-8700-11e6-bbbe-2a4dcea95797

 

Britain’s public inquiry into historic child abuse has become a shambles. Already on its fourth chair, it has now lost the main legal experts driving investigations. Justice delayed is justice denied, said William Gladstone, Britain’s prime minister at the turn of the 19th century. In this instance it may be doubly so.

For a public inquiry to merit the time and money required, it must first have something concrete about which to inquire. It must be able to obtain evidence on which it can reasonably get at the facts. And it must have a remit that it can plausibly complete within a reasonable period of time. Any government setting up such an inquiry should ensure these conditions are met.

In the case of the Independent Inquiry into Child Sexual Abuse, the government has failed to do this. The inquiry is vast in scope, and dependent at best on remembered testimony from long ago, some of which already appears unreliable. The suspension and later resignation this week of the panel’s lead counsel, Ben Emmerson QC, and resignation of its second-most senior lawyer hours later, are only the latest in a string of setbacks.

Theresa May, the prime minister, set up the inquiry two years ago when she was home secretary, amid a wave of concern about historic child abuse, driven by the Jimmy Savile scandal. There is no reason to doubt her good intentions. She saw a group of people who felt grievously let down over decades by the state. The inquiry was intended not only as a means of righting that historic wrong, but of ensuring it could never be repeated. Instead, the bungled outcome risks piling new wrongs on old ones.

One core allegation was that a paedophile ring existed in Westminster that conspired against the exposure of fellow offenders. Although there is no hard evidence to support this, the failure to protect children from sex abuse in multiple situations did raise the question of whether British institutions were turning a blind eye. The terms of reference for the inquiry, however, were unwieldy from the outset. Involving investigations into 13 public institutions, it was expected to do in a matter of years what the police had failed to do for decades. It also required a forensic study into how best to protect children in the future.

Progress has been slowed in part by the representatives of alleged victims attacking some of the judicial figures appointed to carry out the task. The first chair, Dame Elizabeth Butler-Sloss, resigned amid questions about the role of her brother who had served as attorney-general during the 1980s. The second chair was driven out following a barrage of criticism about her “establishment links”. The third resigned, and the fourth, an experienced social worker, is already under attack. This shows the folly of allowing those who are party to an inquiry to drive the process. There is a difference between heeding their views and surrendering to the loudest voices. Now, confidence in the inquiry is so low that some alleged victims claim it was set up to fail.

The experience so far underlines how important it is to get right the terms of reference of such inquiries. The inquiry into the massacre carried out by the British army in Northern Ireland, known as Bloody Sunday, took 12 years and covered a single day. This inquiry is so open-ended it may take longer still. It has consumed nearly £20m, already lasted two years but has yet to hear an hour of testimony. A brave prime minister would narrow its focus and divide it into more manageable chunks. Leaving it as is does a service to no one.

 

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One would almost think they have something to hide.

It's disgusting, yet totally unsurprising the way this whole thing has been handled. There was never any doubt they would not allow this to go ahead, as to do so would expose all those complicit in what happened.

Seeing as May was the one supposedly pushing for it, then it's up to her, as PM no less, to get it sorted. 

 

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February 2016

MET Police Commissioner Bernard Hogan-Howe refuses to apologise over Bramall investigation

https://www.theguardian.com/uk-news/2016/feb/23/sir-bernard-hogan-howe-refuses-apologise-lord-bramall-investigation

 

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Met police commissioner tells home affairs select committee he will not be ‘bullied’ into saying sorry for handling of case

Sir Bernard Hogan-Howe, the Metropolitan police commissioner, has refused to apologise for his force’s investigation into sexual abuse allegations against former army chief Lord Bramall in the face of a grilling from MPs.

Appearing before the home affairs select committee on Tuesday, a defiant Hogan-Howe said he would not be “bullied” into saying sorry for the force’s handling of claims against Bramall, who was ultimately told by police he would face no further action.

 

The 92-year-old former chief of defence staff and Normandy veteran was interviewed under caution last April by Metropolitan police officers working on controversial murder and abuse investigation Operation Midland. His home in Farnham, Surrey, was raided by 20 officers but he has not been formally arrested and has always denied the allegations. His wife, who was suffering from Alzheimer’s disease and has since died, was at home at the time of the raid.

MPs on the committee pushed Hogan-Howe to apologise for the force’s investigation and the length of time it took to inform Bramall that he faced no further action.

Asked by Tim Loughton if he would apologise given the coverage given to Bramall’s case, Hogan-Howe said: “If you want me to be bullied into apologising that isn’t going to happen.

 

“I can’t say that I am [going to apologise], not at the moment. I’ve said that at least four times today.”

Scotland Yard was also scrutinised over its inquiry, which was eventually dropped, into a claim that former home secretary Leon Brittan raped a 19-year-old woman known as “Jane” in 1967.

Lord Brittan, who denied the allegation, was interviewed under caution in May 2014 while suffering from terminal cancer. He died in January last year, aged 75.

Hogan-Howe later apologised to Brittan’s widow in person for not telling her earlier that her husband would not have been prosecuted over the allegation if he had been alive.

 

Asked how the Brittan and Bramall cases differed, Hogan-Howe told the committee: “There was something to apologise for in our delay in telling her about the outcome of the inquiry and in Lord Bramall’s case … there is nothing clearly to apologise for.”

Pressed by Loughton in a heated exchange, Hogan-Howe said: “At the moment I see no reason for that apology to be there. There was an investigation and a file had to be considered and that seems to be a reasonable explanation. Suspects have to wait for the outcome of the investigation.”

 

Loughton argued that a disproportionate time was taken up by Brittan and Bramall’s cases due to their high-profile status, which had undermined confidence in the force.

“I couldn’t disagree more,” the commissioner fired back. “In this case [Bramall] it’s not possible to apologise for an investigation. We don’t treat anyone differently by their background, or only apologise to people because they’re famous.”

There have been suggestions that Operation Midland, which had cost £1.8 million as of November, is on the brink of collapse amid questions about the reliability of the central witness in the investigation, a man known as “Nick”.

Earlier this month it was confirmed Hogan-Howe will remain in his post until at least September next year, after the home secretary awarded him a one-year contract extension.

 

 

 

 

 

September 30, 2016

http://www.bbc.com/news/uk-england-london-37503648

Met Commissioner Sir Bernard Hogan-Howe to retire

Sir Bernard Hogan-Howe is to retire after five years as the Commissioner of the Metropolitan Police, the force has announced

 

Sir Bernard, who was appointed to the role in September 2011, will remain in post until February to allow for his successor to be appointed. During his time in charge, the 58-year-old oversaw policing of riots and the Olympic Games. Sir Bernard said he believed it was "the right time to move on".

He said he had loved his time in the role but said it was "a good chance to make this change now" after the appointments of a new London mayor and home secretary.

"It also allows a decent amount of time to select my successor," he said.

Prime Minister Theresa May, who was home secretary for the majority of Sir Bernard's time as commissioner, praised his "total policing" approach saying he "has done an excellent job... at what has been a difficult time given the level of terrorist threat".


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According to the Met, crime has fallen by around 18% during the time Sir Bernard has been in post.

He led the police response after the riots in 2011 and the murder of soldier Lee Rigby in 2013.

 

However, he has also faced controversy including questions about the Met's handling of Operation Midland. The 16-month investigation was launched after claims boys were abused more than 30 years ago, but it closed in March without a single arrest. 

 

The announcement of Sir Bernard Hogan-Howe's departure came as a surprise, given that he'd sought, and been granted, an extension to his original five-year contract. The commissioner's explanation for resigning seven months early was that it was better to go before his "power deteriorates" in his final year.

 

That suggests that with a new London mayor and a new Home Secretary, Amber Rudd, he did not expect that his contract would be renewed again. Sir Bernard denied his decision was linked to criticism of Operation Midland, the high-profile inquiry into allegations of a Westminster paedophile ring. He's due to discuss the findings of a report into the affair next week.

But the controversy surrounding the Met's handling of Midland remains the one significant blot on Sir Bernard's tenure. He'll otherwise be viewed as a commissioner with a commanding presence who kept a firm grip on the Met during turbulent times. Sir Bernard took charge of the UK's biggest police force when his predecessor Sir Paul Stephenson quit amid criticism of the Met's role in the phone-hacking scandal.

 

The Sheffield-born former traffic officer was awarded a knighthood in the 2013 New Year Honours list.

 

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Mayor of London Sadiq Khan thanked the commissioner "for his years of service" and denied reports he had helped oust the country's most senior police officer.

"It isn't to do with me, it's to do with Bernard deciding to retire," he said

Sir Bernard also said the pair have "an excellent relationship".

Home Secretary Amber Rudd, who will begin the search for Sir Bernard's successor with Mr Khan, called the commissioner a "determined crime fighter and an inspirational senior officer".

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https://www.theguardian.com/society/2016/oct/06/review-child-abuse-inquiry-to-be-published-within-weeks-prof-alexis-jay

Review of child abuse inquiry to be published within weeks

Troubled inquiry’s fourth chair, Prof Alexis Jay, is understood to have reached conclusions about the way forward

 

Alexis Jay took over after the sudden departure of Lowell Goddard in August.

 

 

A comprehensive review of the way the independent child abuse inquiry operates is near completion and will be published within weeks, it is understood.

Prof Alexis Jay, the fourth chair of the troubled £100m inquiry, is understood to have come to conclusions about how to move forward after analysing the multiple investigations and modules that make up the inquiry’s work.

Jay took over the inquiry in August following the sudden departure of Dame Lowell Goddard. She immediately set about reviewing its vast scale and its approach to its investigations. In a letter to victims last month she said of her review: “My aim is to explore new ways to deliver the inquiry’s investigative work while remaining faithful to its terms of reference.

“I will write to you again when the review process has concluded to tell you about any changes that we propose to make and to invite your views.”

Claims that Jay was going to alter the remit of the inquiry, which was set up by Theresa May when she was home secretary, were dismissed by Amber Rudd, May’s successor.

It is understood, however, that Jay’s review could conclude that some of the investigations and public hearings being carried out should be redrawn to become discussion forums and case reviews to air the issues in a more concise way, rather than the current format of multiple investigations culminating in quasi-judicial public hearings.

It is also thought the review could recommend that many of the victims who expect to give evidence in public hearings should be channelled into the Truth Project - the arm of the inquiry in which victims give testimony about their abuse in private.

A letter to some victims’ groups sent on Tuesday night informed them that if any changes were made to their investigations as a result of the review then the inquiry would “find an appropriate way of seeking core participants submissions at that stage”.

It went on: “Submissions are therefore not invited now but we will be in touch in due course to let you know if and when they would be of assistance.”

Andi Lavery, of the victims group White Flowers Alba, which supports people abused by members of the Catholic clergy and is a core participant in the inquiry, said: “We understand Jay is set to announce significant changes to the investigations and or modules on the inquiry within days.

“We find this alarming and very worrying development which utterly flies in the face of the commitment to make no changes to the inquiry made by prime minister Theresa May.

“We understand the investigations are to be significantly watered down and made almost a legal gesture, nothing more. Despite this decision having a significant impact on our lives we are deemed not worthy of being informed, nor having any objection to this.”

Lavery has been invited to a meeting on 13 October in London to discuss concerns that survivors have not been consulted. His group was told the review was not yet concluded and they will not be able to discuss it at the meeting.

The inquiry is still reeling from the loss of its two most senior counsel – Ben Emmerson QC, counsel to the inquiry, who resigned last week, and his deputy, Elizabeth Prochaska, who resigned from the inquiry team on 15 September. An internal investigation into concerns about Emmerson’s leadership style is thought to have ended with his resignation but the inquiry would not make any comment on the status of their internal inquiry.

Jay was appointed by Rudd in August following Goddard’s sudden departure. She was the fourth chair of the inquiry after the departure of the first two chairs, Dame Elizabeth Butler-Sloss and Dame Fiona Woolf, after complaints over their establishment links.

After her departure Goddard issued a critique of the inquiry, saying it was facing an unmanageable and impossible task. She suggested its terms of reference should be refocused to concentrate on present child sexual abuse and lessons for the future.

 

 

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