www.newlawjournal.co.uk | 13 March 2020 Personal injury LEGAL UPDATE 11

© iStockphoto/BrianAJackson Unravelling the legacy of abuse (Pt 2) Richard Scorer & Kim Harrison provide an update on the work of Inquiry into Child Sex Abuse & consider its future role hearing relating to Cyril Smith in October 2017. In that hearing, IICSA heard that IN BRIEF respond to allegations of abuse and how can in 1969-70 Constabulary had ffThe Westminster investigation is only one this response be improved in the future? conducted an exhaustive investigation into part of IICSA’s work. Cyril Smith and had strongly recommended ffThe value and long-term legacy of IICSA will Westminster investigation that he be prosecuted for child sex offences. be judged much more on whether and how it Although it has attracted considerable The police recommendation was overruled by transforms child protection and safeguarding attention, the Westminster investigation is only the DPP, in circumstances which have never across a much wider range of institutions. one of 14 separate forensic investigations being been satisfactorily explained, but the fact conducted by IICSA; most of the other 13 have that the police wanted to prosecute Smith at n 25 February the Independent nothing to do with party politics, but concern that time clearly undermines the notion of a Inquiry into Child Sexual Abuse the abuse of children in other settings. concerted establishment conspiracy to protect (IICSA) published its report According to IICSA, the aim of the prominent people, at least in Smith’s case; Ointo ‘allegations of child sexual Westminster investigation was to consider certainly, if such a conspiracy existed, nobody abuse and exploitation involving people ‘evidence relating to allegations of child told Lancashire police about it. of public prominence associated with sexual abuse committed by persons of public Does this mean that the very purpose for Westminster’. As the media highlighted in its prominence associated with Westminster which the inquiry was established has now coverage, the report rejected the notion of a and how these came to light; the findings been negated? While allegations of a VIP VIP ‘paedophile ring’ in Westminster but also of relevant investigations; whether there is paedophile ring were part of the background identified a series of individual cases where evidence of conspiracy, cover-up, interference to the setting up of the inquiry, IICSA has never persons of prominence escaped prosecution or tolerance in relation to child sexual endorsed those allegations. Nor has the inquiry for child sexual offences by exercising undue abuse committed by persons of public been solely or even mainly about Westminster. influence. The report led to the resignation prominence associated with Westminster; Moreover, the Westminster investigation made of the former Liberal Party leader, David whether governmental, political and law some significant findings in its own right. Steel, from his party and the House of Lords. enforcement institutions were aware of and While rejecting the idea of an overarching Steel was criticised by IICSA for failing to act took appropriate steps; and whether there are conspiracy, it identified a series of cases where against a party colleague, the late Sir Cyril adequate safeguarding and child protection prominent individuals accused of child sex Smith MP, when hearing of allegations of child policies in place within political parties, offences attracted more favourable treatment abuse by Smith in 1979. In resigning, Steel government departments and agencies’. from police and prosecutors by virtue of their claimed that he had been made a ‘proxy for The evidence underpinning IICSA’s status; it found that this institutional failure Cyril Smith’ by an inquiry which had failed conclusions about Westminster was heard over was underpinned by a deeply rooted ‘culture to secure any other ‘parliamentary scalp’. The a three-week period in March 2019, although of deference’ towards prominent people; and it inquiry, Steel implied, had targeted him to some of the evidence relating to Cyril Smith identified some serious flaws in the approach justify its existence after failing to find the ‘VIP had been heard at an earlier 2017 hearing of the political parties to safeguarding paedophile ring’ which had been alleged when relating to care homes in . The oral even today. IICSA was established. So how should we view hearings included evidence from current and Ultimately, however, the Westminster this latest report, and the progress of IICSA former parliamentarians, senior civil servants, investigation is only one part of IICSA’s work. as a whole? prosecutors, police officers and others While this aspect has attracted particular who may at some stage have encountered media attention, the value and long-term What is IICSA? allegations against persons of prominence, and legacy of IICSA will be judged much more on IICSA was established pursuant to the could give evidence on how such allegations whether and how it transforms child protection Inquiries Act 2005 and is therefore a were handled. and safeguarding across a much wider range statutory inquiry, with legal powers to of institutions. IICSA’s final recommendations compel witnesses and require disclosure A VIP paedophile ring? are due in 2021. The Westminster investigation of documents. However, although it is Even before the hearings started, the notion may have been the highest profile part of the investigating a serious crime—child sexual of a ‘deep state’ conspiracy to protect VIP inquiry, but depending on whether these abuse—IICSA is not a substitute criminal paedophiles had already largely been recommendations change the landscape court: Section 2 of the Inquiries Act 2005 discredited with the exposure and prosecution of child protection, its investigations into makes it clear that a statutory inquiry has of the fantasist Carl Beech; although he did churches, schools and other institutions with no power to determine any person’s civil not go on trial until April 2019, the review of care of children may eventually prove to be or criminal liability. Rather, the particular by Sir Richard Henriques, more significant. NLJ focus of IICSA is not findings of fact about a retired High Court Judge, published in particular individuals accused of abuse, 2016 had already cast serious doubt on his Richard Scorer and Kim Harrison are but rather the institutional response to allegations and the police’s response to them. specialist abuse lawyers at Slater & Gordon; allegations. How did churches, care homes, Arguably, the problems with any ‘deep state’ they acted for complainant core participants local authorities, police, prosecutors, and, conspiracy theory were apparent early on in in the IICSA Westminster investigation (www. in the case of Westminster, political parties, IICSA’s work, for example in the Rochdale slatergordon.co.uk).