INVESTIGATION INTO INSTITUTIONAL RESPONSES TO ALLEGATIONS OF CHILD SEXUAL EXPLOITATION BY ORGANISED NETWORKS

______

CHIEF CONSTABLE OF ’S SUBMISSIONS IN RESPONSE TO UPDATE NOTE AND NOTE ON VIRTUAL HEARINGS ______

Introduction

1. The of Warwickshire Police (‘the Chief Constable’), serves these submissions in response to the Update Note and Note on Virtual Hearings dated 23rd ​ th and 27 ​ March 2020 respectively. ​

2. The Chief Constable wishes it to be known that he recognises the considerable amount of work undertaken and the volume of material considered by the Inquiry Team. Warwickshire Police have cooperated fully with the Inquiry Team. A large volume of documentary material has been provided to the Solicitor to the Inquiry (‘STI’), which has been followed up by statements setting out responses to requests under Rule 9.

3. The Chief Constable also recognises the invidious position in which the Chair and Panel now find themselves, having to determine whether to proceed virtually, or to adjourn, a hearing that was due to take place in three weeks’ time.

4. The Chief Constable’s submission is, in summary, that the hearing should not go ahead virtually on 20th April for two reasons: (i) the resources of the police in the ​ midst of this public health crisis simply will not allow for preparation for or attendance at the hearing, and (ii) the arrangements set out for a virtual hearing pose a number of insurmountable problems.

Page | 1

The Chief Constable’s position.

5. It is the submission of the Chief Constable that it is untenable to proceed with the

th hearing of this investigation on 20 ​ April for the following reasons: ​

Resourcing.

6. The current position within Warwickshire Police is as follows:

a. As a result of the COVID-19 pandemic, Warwickshire Police has declared a Major Incident. The response to the pandemic has required special arrangements to be implemented by the police, other emergency services, the Local Authority, the Ambulance Service and Health Authorities.

b. A significant amount of time is being dedicated by officers across the Force to dealing with the COVID-19 major incident. In the following weeks, these demands are likely to increase, given that the latest information on the spread of the virus suggests that the has the largest number of cases outside London.

c. Plans are in place for a large field hospital at the National Exhibition Centre and a large mortuary facility at International Airport.

d. Warwickshire Police currently has around 20% of its combined police / civilian staff absent from work as a result of COVID-19 related issues. This is only likely to increase over the next few weeks.

e. Superintendent Pete Hill (Warwickshire Police’s lead and main witness on CSEN) is centrally involved in the response to the major incident. At 10am every weekday, he is required to dial into a conference call with other senior

Page | 2

leaders across Warwickshire Police, in order to discuss resources and demand. This requires preparation and follow-up work. Extensive plans have been put in place, which are being amended on a daily basis to deal with the changing picture. Supt Hill is involved in developing these plans.

f. As part of the planning process, Warwickshire Police has prepared to rearrange its teams at short notice, in order to maintain resilience in the patrol and investigative function. These changes will have an impact on Supt Hill’s day-to-day role.

g. All Superintendents have had to take on additional responsibilities to ensure that the core policing functions can still be delivered. This will become increasingly challenging in the days and weeks that follow.

h. As the Inquiry Team will be aware, during the COVID-19 crisis, police are designated as ‘keyworkers’ and are, quite literally, on the front line.

7. IICSA have identified 6 specific case studies concerning Warwickshire Police. As IICSA are aware, witnesses do not simply turn up and give evidence. They take days, if not weeks, to research the relevant material in preparation for the hearing. It is simply impossible for Supt Hill to do this over the next few weeks, given the considerable strain on resources from COVID-19. It is also not possible to guarantee that he will be available to give evidence.

8. The CSEN hearing timetable lists six senior police officers across a number of Forces as witnesses. Following discussion across the police forces and with representatives of the NPCC, it is clear that continuing with this hearing will cause considerable difficulties.

9. The Chief Constable and Supt Hill understand just how important IICSA is to the survivors, Core Participants and the public at large, and recognise the need to avoid

Page | 3

delaying the proceedings. However, in the words of Supt Hill: “this is the most ​ challenging incident Warwickshire Police and our partners have ever had to face. The priority of the police service at this time is to save life. I would respectfully request that my scheduled appearance to give evidence at the Inquiry be moved back to allow me to do this”.

10. In addition to the matters set out above, the solicitor and other officers working on the CSEN investigation are having to devote their time to COVID-related advice and other work. This is reducing their ability to respond to requests from IICSA and / or prepare for the hearing. They are needed by the Force for the response to danger posed by COVID-19 and will be unable to carry out the work requested in the time available.

11. Based on the resource implications alone, the Chief Constable submits that the public interest would be best served by adjourning the CSEN investigation to a future date.

The possibility of a ‘virtual hearing’. ​

12. The Chief Constable has considered very carefully the viability of proceeding in the manner set out by the Inquiry team. Whilst it is recognised that very many hearings in the civil, criminal and family sphere can proceed remotely, or virtually, it is submitted that it would be entirely inappropriate for this hearing to proceed in this way.

13. The Chief Constable makes the following observations:

a. Not all CPs and / or witnesses will have access to adequate computer and broadband facilities. Those who have already been working from home / remotely will know that the quality of transmission is varied and can be intermittent. This is unsatisfactory for the type of evidence being given in this case.

Page | 4 b. Even where CPs, witnesses and legal representatives have access to adequate computer and broadband, they may not have access to a private space in which to give evidence and / or to listen to evidence and / or to ask questions / raise issues. CPs, witnesses and legal representatives are likely to be sharing rooms / workspaces / facilities at home where there are likely to be interruptions and where they can be overheard. In many cases such interruptions / shared space would not be an issue, however where people are giving highly sensitive and private evidence about sexual exploitation it would be entirely inappropriate. During a video conference with solicitor and client on Friday 27th March, the ​ writer of these submissions was interrupted by an 8 year old child bursting into the room – it is anticipated that such interruptions would be highly likely for very many participants in these proceedings. c. There may be witnesses whose families do not know what happened to them in the past. It would be impossible for them to participate in these proceedings in any meaningful way from a home environment. d. As the Inquiry Team recognises, many CPs and legal representatives are having to manage childcare. It is hard to imagine a complainant / survivor CP having to give sensitive evidence or watch these proceedings for several hours whilst supervising young children. e. The evidence being given by complainant / survivor CPs could not be more sensitive. Those of us representing institutional clients are aware of the importance for those CPs / witnesses of being supported by solicitors / companions in person at the hearings. That support cannot be given in the same way remotely. No doubt the CPs will make their own submissions, however it is easy to imagine the distress caused by having to give evidence alone, from one’s own home. f. The difficulties caused by the absence of the three minute delay should not be underestimated. Anybody could be filming these proceedings from home.

Page | 5

That cannot be prevented. If a slip is made, where an individual is named, or where there may be jigsaw identification, the family of somebody with lifelong anonymity may become aware of their identity. That will not be prevented by a restriction order. The three minute delay has been used by the Inquiry for very good reason. Those of us who have been involved in a number of hearings will know that the feed has been cut on many occasions in order to prevent identification of those with anonymity.

14. In the circumstances, the Chief Constable’s submission is that this not a hearing that can proceed safely or effectively on a virtual basis. If this hearing were time-critical, or if lives depended upon it, perhaps this would have to be done, but this is not the case here.

Conclusion

15. All CPs no doubt recognise the importance of the continued administration of justice. However, with no disrespect intended to the Inquiry Team, it is fair to say that the hearing of this investigation is not ‘time critical’. Having regard to all of the issues set out above, the Chief Constable’s position is that in the interests of justice the only possible option is to adjourn the hearing.

16. The Chief Constable wishes it to be known that whatever the decision of the Chair and Panel:

a. he shares the disappointment of the complainants that the hearings cannot proceed in April in the same manner as had originally been anticipated by all CPs;

b. when the COVID-19 crisis has abated, Warwickshire Police will continue to co-operate with and assist the Inquiry in any way it can; and

Page | 6

c. in the meantime, Warwickshire Police will work with the Inquiry and the County Council to continue to support complainants.

th 30 ​ March 2020 SAMANTHA LEEK QC ​ 5 ESSEX COURT TEMPLE

Page | 7