IICSA - Rochdale etc Preliminary Hearing 10 May 2017 1 Wednesday, 10 May 2017 1 directions arising from this hearing will be published 2 (10.30 am) 2 on the inquiry's website in short order after the 3 Opening remarks by THE CHAIR 3 hearing, as will the hearing transcript. 4 THE CHAIR: Good morning, and welcome to everybody here. My 4 I will now invite leading counsel to the inquiry, 5 name is Alexis Jay. I am the chair of the Independent 5 Brian Altman QC to provide us with an update on the 6 Inquiry into Child Sexual Abuse. 6 Cambridge House, Knowl View and Rochdale investigation. 7 Sitting with me are the other panel members of 7 After Mr Altman, I will invite other counsel present to 8 the inquiry: Professor Sir Malcolm Evans; Ivor Frank; 8 speak, if they wish, in the following order: counsel for 9 and Drusilla Sharpling. 9 the victims and survivors represented by 10 On behalf of the inquiry, I welcome you all to this, 10 Slater & Gordon, Laura Hoyano; counsel for Lancashire 11 the third preliminary hearing in the Cambridge House, 11 Police, Mr Alan Payne; counsel for Greater Manchester 12 Knowl View and Rochdale investigation. 12 Police, Ms Ann Studd QC; counsel for the Crown 13 This investigation, along with those into 13 Prosecution Service, Mr Edward Brown QC; and counsel for 14 Lambeth Council and Nottinghamshire Councils, focuses on 14 Rochdale Borough Council, Mr Steven Ford QC; and 15 the experiences of children in institutions operated or 15 finally, counsel for the Secretary of State for 16 overseen by local authorities. 16 Education, Ms Catherine McGahey. Good morning to you 17 As you know, this inquiry is broad and 17 all. Please go ahead, Mr Altman. 18 unprecedented. Our task is to examine the extent to 18 Opening remarks by MR ALTMAN 19 which public and private institutions in England and 19 MR ALTMAN: Thank you, Chair. I appear, together with 20 Wales have failed to protect children from sexual abuse 20 Ms Dobbin and Mr Henderson, as counsel to the inquiry. 21 in the past and for us to make meaningful 21 Before I proceed, can I state for the record that 22 recommendations to keep children safer today and in the 22 Professor Sir Malcolm Evans has indicated both to the 23 future. 23 solicitor to the inquiry and counsel to the inquiry 24 In December 2016, the inquiry set out a work 24 overnight that he and counsel on behalf of 25 programme for 2017, which is available publicly on the 25 the complainants core participants, Ms Hoyano, were Page 1 Page 3 1 inquiry website. There is a full timeline of hearings 1 academic colleagues at Bristol for some years, and they 2 and seminars which are due to take place this year and 2 remained in friendly contact for some years after her 3 early next year. 3 move to Oxford, but apparently have not been in contact 4 The first public hearings took place from 4 directly for some five or six or more years. 5 27 February until 1 March and concerned part 1 of 5 These facts have been brought to the attention of 6 the child migration programmes case study. Further 6 all other core participants, solicitors and counsel, and 7 hearings in part 2 of that case study will take place 7 no-one raises any objection. 8 in July. 8 Chair, as the panel well knows, there have been two 9 After that, the next public hearings will be in this 9 previous preliminary hearings in this investigation: on 10 investigation, Cambridge House, Knowl View and Rochdale, 10 16 March 2016 and on 27 July 2016. This is the third 11 and will take place in October. 11 preliminary hearing in this investigation, and will be 12 The inquiry has obtained a great deal of information 12 the final substantive one for the hearings which begin 13 about allegations of sexual abuse in institutional 13 on 9 October of this year. 14 settings in Rochdale which have received significant 14 There are a number of important matters to be 15 publicity on account of the alleged involvement of 15 considered this morning about the approach which counsel 16 the late Sir Cyril Smith MP. 16 to the inquiry submits ought to be taken to the hearing 17 Much work has already been done in organising and 17 and to the evidence which the panel will, in due course, 18 analysing that material, and today's preliminary hearing 18 be invited to base its findings and, indeed, its 19 is an opportunity to make sure that we are all broadly 19 recommendations upon. 20 in agreement with regard to the conduct of the hearing 20 All of these matters were foreshadowed in 21 in October. 21 submissions by counsel to the inquiry which were 22 Before we hear from counsel, a couple of points on 22 provided to all core participants on 13 April. Counsel 23 timing. We will take a 15-minute break at around 23 also provided core participants with a witness list 24 11.45 am, and then a break for lunch, if this hearing 24 which they were asked to treat as provisional, and it 25 hasn't been included before then, at 1.00 pm. Any 25 was emphasised that, although those witnesses were Page 2 Page 4 1 (Pages 1 to 4) DTI www.DTIGlobal.com 8th Floor, 165 Fleet Street (+44)207 4041400 London EC4A 2DY IICSA - Rochdale etc Preliminary Hearing 10 May 2017 1 regarded as being able to provide relevant evidence and 1 police investigations into Cyril Smith and why they 2 had been identified as being the best witnesses to give 2 didn't result in him being prosecuted. 3 evidence on given matters, it was unlikely that each one 3 The position regarding why children who resided at 4 could be called in the course of the hearing. 4 Knowl View were exposed to exploitation is less obvious. 5 It was also indicated in the submission the broad 5 It was, after all, a residential school specifically set 6 approach which had been taken to the selection of 6 up to educate and care for children with emotional and 7 witnesses, and I will return to the witness list later 7 behavioural needs. It might have been thought that such 8 in the course of these submissions. 8 an institution would have been vigilant about the risks 9 Core participants were invited to respond to the 9 that its young residents would have been exposed to. 10 suggested course proposed in these submissions in fact 10 The investigation will consider why some children who 11 by 4 May. They were provided on behalf of all core 11 resided there were nonetheless exploited, the extent to 12 participants, apart from the Secretary of State for 12 which this was known and why it appears it was allowed 13 Education. We are grateful to core participants for 13 to continue. 14 providing them, as this will make, and indeed does make, 14 Although I have described this case study as 15 this morning's hearing a great deal shorter than it 15 a snapshot in time, it is intended to add to the bank of 16 might otherwise have been. 16 the inquiry's knowledge about what was taking place 17 There are, however, a number of matters which need 17 within institutions at points in time in different 18 to be set out publicly in this forum in advance of 18 geographical locations across the country. This sort of 19 the hearing. 19 background will allow the inquiry to consider whether 20 There are five main issues which fall for 20 the sorts of problems in child protection that we see 21 consideration this morning and are reflected in your 21 today are part of a continuum; whether the same sorts of 22 agenda which you will find at divider 1 of your bundle. 22 problems of culture and perception endure; and whether 23 The first is scope. The second is the 23 the modern framework for child protection has rendered 24 investigation's approach to sensitive materials. The 24 of historical interest only this investigation or 25 third is the investigation's approach to findings of 25 whether there are valuable lessons still to be learned. Page 5 Page 7 1 fact in respect of allegations of sexual abuse. Fourth, 1 The approach taken by this investigation has been 2 the investigation's approach to peer-on-peer allegations 2 informed by the other investigations taking place and 3 made in the context of Operation Jaguar, and, finally, 3 which are considering many of the same matters which the 4 the investigation's approach to the hearings and to 4 panel will be invited to consider in the course of this 5 the selection of witnesses. 5 investigation. This has a direct bearing upon the 6 Chair, before I address you on each of those issues 6 conduct of the hearings in this investigation. 7 in turn, it may well assist if I provide the panel with 7 As you are all aware, Neil Garnham QC, now 8 an update as to the course the investigation has taken. 8 Mr Justice Garnham, was asked in 2014 to conduct an 9 This is, as is well known, a backward-looking 9 independent review on behalf of Rochdale Borough 10 investigation which, in essence, captures a snapshot in 10 Council.