Safe from harm? 10 years after Soham... Foreword The past 10 years, as a father, school governor and solicitor representing victims of child abuse, I have considered from different perspectives the impact of measures taken in response to the Soham tragedy. At the time of the murders in the summer of 2002 steps had already been initiated to improve upon child protection measures, under the Police Act 1997. However, further steps were taken, after Soham, to provide greater protection. In the past 10 years, from my different perspectives, I have had cause to wonder whether those steps have had the kind of beneficial effect that we all hoped for. I became concerned that, perhaps, inappropriate individuals were still working in schools. I therefore commissioned this report to ascertain whether those perceptions were real or imaginary. The information collated from the majority of England’s local education authorities supports my concern that there are still too many people gaining access to children, for their own iniquitous behaviour. Of equal concern is that some local education authorities were unable to provide answers to the requests, as they do not collate the statistics. As to those authorities that did respond, the replies reveal a high number of allegations of abuse and consequential action taken. This suggests further work needs to be done and I am delighted that so many stakeholders have participated in the report which, I hope, will promote further contributions on this very important subject. Malcolm Underhill Partner, IBB Solicitors Safe from harm? | 10 years after Soham | Page 3 Introduction Freedom of information...... It has been more than 10 years since school Labour government set up the Independent caretaker Ian Huntley murdered the two Soham Safeguarding Authority in 2009 under the schoolgirls, Holly Wells and Jessica Chapman in Safeguarding Vulnerable Groups Act 2006 (see August 2002. The Protection of Freedoms Act The Safeguarding left) with the aim of vetting every individual 2012 received Royal Assent in May this year, who applied to work with children or vulnerable a few months before the 10th anniversary of Vulnerable Groups adults, paid or voluntary. According to official that tragic event. That 2012 Act represents a estimates, as many as 11.5 million adults – scaling back of the scheme designed to introduce 20% of the population – would be registered safeguards to protect children and vulnerable Act 2006 with the scheme by the time it was fully rolled adults in the wake of the Soham murders. It out. However, there was a dramatic public and is part of a wider policy initiative to end what The Safeguarding Vulnerable Groups Act 2006 was passed political reaction to the original proposals for deputy Prime Minister Nick Clegg has called a by Parliament in the wake of the Soham murders and in a vetting and barring scheme particularly when ‘13-year assault on hard-won British freedoms’. response to the Bichard Inquiry’s recommendations. the new Coalition government came into power. This report looks at the regime introduced to Home Secretary Theresa May called a halt to protect the most vulnerable members of society The ideas behind the legislation were to: the ‘draconian’ vetting scheme in June 2010, in the aftermath of the Soham murders. It • Create the Independent Safeguarding Authority (ISA) to declaring that it was time to return to a more considers how effectively such a regime provides oversee a new ‘Vetting and Barring Scheme’ to deal with ‘common sense’ approach. The scaling back of a safeguard and how the Coalition government referrals and decide who should be on its barred lists; the scheme was given statutory effect under the proposes to reform it under Protection of • Reduce red tape: two ‘barring’ lists were to be run by the Protection of Freedoms Act 2012, which received Freedoms legislation. In compiling this report ISA (one for adults and one for children) rather than the Royal Assent in May this year (see box). we submitted Freedom of Information requests three lists previously (under the Protection Of Children Speaking last February, the deputy Prime to all local education authorities in England to Act, Protection of Vulnerable Adults, and List 99); Minister Nick Clegg said that the post-Bichard get a picture of how many allegations of child • Introduce barring from ‘regulated activities’: people regime had to be ‘scaled back to sensible levels abuse had been made in schools and how those included on the ISA lists were to be barred from a wider whilst at the same time protecting vulnerable allegations had been dealt with. range of jobs and activities than before; people’. • Introduce a new duty to share information: employers, ‘Labour engaged in a 13-year assault on social services and regulators would have to notify the our hard-won British freedoms. The coalition Calls for change ISA of relevant information so individuals who posed a Government is determined to hand them back When it emerged that Huntley had previously been threat could be identified and barred; to people. We inherited a messy criminal records accused of indecent assault and rape there was • Introduce new criminal offences: for example, it would regime that developed piecemeal for years and understandable outrage and calls for a system be a crime for a barred individual to seek or undertake defied common sense.’ of protection to more robustly police those work with vulnerable groups and a crime for employers to Nick Clegg people who work or volunteer with children and knowingly take them on; As to whether this scaling back of the vulnerable people. • Introduce a new system of registration: From July 2010, scheme represents an injection of ‘common The creation of such a regime over the decade all new entrants to jobs working with vulnerable groups sense’ to redress the balance as a result of a has been convoluted and controversial. would have to register with the VBS and be checked by ‘knee-jerk response to a tabloid-fed panic about Following the murders, Sir Michael Bichard the ISA. child abuse*’ or an over-sensitive response was appointed to investigate institutional to criticisms of the original scheme, depends failings and recommended increased use of According to the Home Office (press release, March 20th on your perspective – and both views are vetting and a registration scheme for people 2009), the new scheme would have a much broader represented in this report. Speaking earlier this working with children and vulnerable adults. This coverage ‘with an estimated 11.3 million people needing to year, the independent crossbench peer Lord was distinct from the CRB scheme, which was be registered up from around 6.5m who are checked today.’ Bichard accepted the current arrangements conceived as an aid to help safer recruitment were ‘not proportionate’ but also called for the by employers. The new scheme would replace safety of children ‘to be placed above all other barring schemes such as List 99 and others considerations’. and would be a statutory barring scheme based on a quasi-judicial process. The New * The Spectator, 17 December 2011 Safe from harm? | 10 years after Soham | Page 4 Safe from harm? | 10 years after Soham | Page 5 Freedom of information Despite the fact that all volunteers and a clearer picture of how many allegations were professionals who work regularly with children are made and how they were treated. now required to undergo checks as a result of the FoI requests were sent to 152 local education Soham murders and the Bichard report, concerns authorities – we received 119 responses. We Protection of Freedoms remain about just how well protected children and asked about allegations of sexual and physical young people are from their workers. abuse; suspensions and dismissals as a result Act 2012 The reality is that abuse does take place and of those allegations for three separate years all too frequently with traumatic consequences 2008/09; 2009/10; and 2010/11 and in relation for the victims. As part of our study, we have to two classes of employee (teachers and non- As part of the coalition agreement, the government committed to made Freedom of Information (FoI) Act requests teaching staff). reviewing the ‘Vetting and Barring Scheme’ and the CRB regime – relating to allegations of abuse (both sexual in its words – ‘scaling them back to common sense levels’. Home and physical) at schools. The idea was to gain Secretary Theresa May called a halt to the registration scheme under the 2006 Act. † The Coalition’s Protection of Freedoms Act 2012 introduced changes We asked LEAs : to the VBS regime as of September 2012, including: • How many allegations of physical or sexual abuse have been made against nursery, • A new definition of ‘regulated activity’: covering an estimated five primary and secondary school teaching staff in your LEA the past three complete million people; academic years (i.e. 2008/9, 2009/10 and 2010/11)? • A repeal of ‘controlled activity’: this had covered people who might • How many of those have been suspended and/or dismissed as a result of those have less contact with vulnerable groups including children than allegations? people in ‘regulated activity’; • How many have remained employed at the establishment they were working at, at the • Repeal of registration and continuous monitoring: the original time of the allegation, or remain employed at other educational establishments within plan under the VBS was anyone who wanted to work with your LEA? vulnerable groups would need to register and be continuously • How many allegations of physical or sexual abuse have been made against employees monitored for new criminal record information. This never came without Qualified Teacher Status at nursery, primary and secondary schools, in your LEA into force; the past three complete academic years (i.e.