Parliamentary Questions
Posted by News Editor
Wednesday, November 23, 2005
On 21st November 2005 Claire Curtis-Thomas (Crosby, Lab) asked the Secretary of State for the Home Department what upgrades are being made to the hardware and software elements of the Criminal Cases Review Commission's IT system.
Fiona Mactaggart
(Parliamentary Under-Secretary, Home Office) replied
The Commission is currently engaged in a project to implement an electronic records management system. This will enable it to discharge its duties under the Public Records Act 1958, the Data Protection Act 1998 and the Freedom of Information Act 2000. The Office of Criminal Justice Reform has also recently agreed additional funding to maintain and approve the Criminal Cases Review Commission's (CCRC) data mining functionality. This is a retrieval system which enables the CCRC caseworkers to use experience gained in similar cases to reduce the time it takes to deal with new cases.
Hansard source
Acknowledgement
November FACTion Out
Posted by News Editor
Wednesday, November 23, 2005
The
November edition of FACTion has just been released.
The Government have unveiled new guidance for schools and other education establishments, Local Authorities, the CPS and the Police, on arrangements to speed up the process of dealing with allegations of abuse against teachers and support staff.
The guidance, supported by major teaching unions and endorsed by the Association of Chief Police Officers, has been developed in cooperation with the Home Office and the Crown Prosecution Service. It spells out, for the first time, standard procedures that will apply in all local authorities in England to replace existing local procedures and ensure cases are dealt with consistently in all areas.
The Governments advice applies to England. Similar guidance has also been issued in Wales. Assembly Minister Jane Davidson, Minister for Education and Lifelong Learning, today (Monday 21 November) welcomed revised procedures for handling allegations against teachers and other school staff.
The guidance, published by the Department for Education and Skills, has been developed in co-operation with the Home Office, ACPO, the Crown Prosecution Service and the teaching unions.
The changes include:
- maintain confidentiality while cases are under investigation;
- indicative timescales for stages of the disciplinary process.
- agreement by the police and CPS to liase and review progress of criminal investigations to ensure they are concluded as quickly as possible;
- advice to police and social services about getting consent to share information when it is obtained to enable it to be shared straight away when the investigation is complete.
Commenting on the revised procedures the Minister for Education and Lifelong Learning said: "
There are tremendous positives to be taken from the work that has been undertaken with the Home Office and the Crown Prosecution Service and we will want to discuss with the Association of Chief Police Officers in Wales how best we can share this good practice across the whole of Wales.
We will also want to engage with practitioners and their representative bodies to gauge their views on the changes. I am very keen to move forward by including these revisions within the consultation on safeguarding children’s welfare during the Spring term.
Since I have been Minister, concerns have been expressed by teachers’ representatives that a change in the law was needed. I hope these changes will alleviate some of the devastating effects that unfounded allegations can have on an individual’s health, family and career. We must ensure that our systems are rigorous, transparent and equitable but also that they are resolved, one way or the other, within reasonable timescales. It is right that an accurate conclusion is reached for all concerned.
For the first time there are target timescales for each stage of the process built on a national standard of effective practice and an opportunity for closer co-operation between all agencies involved.
Whilst the number of allegations made each year is proportionately small it is vital that they are dealt with properly and fairly. Whilst we have a duty to protect children we must also be aware of the devastating effect that being wrongly or unfairly accused can have on an individual, their family and career, and how delay and publicity can exacerbate that. It is about striking the right balance and maintaining consistency across all areas. It is about being effective, fair and prompt.
I hope that the proposals will find favour both with those who endorse the Assembly Government’s commitment to protecting our children and those who represent the interests of Wales’ teachers." November 21, 2005
A FACT spokesmen welcomed publication of the guidance but feels they do not go far enough. The fact that an allegation has been made is invariable noted on a staff members file and even when those the person may be innocent it may be recorded on information held by the Criminal Records Bureau with damaging career consequences.
New Guidelines on Speedy Handling of Allegations of Abuse in Schools
Teachers today welcomed new government guidelines on the speedy handling of allegations of abuse.
The advice - announced this morning by the education secretary, Ruth Kelly - says councils, schools, police and prosecutors should deal with allegations against teachers more quickly, and that accused teachers should not be automatically suspended from work.
Staff will be entitled to confidentiality while cases are being investigated, and possible legal action against malicious accusations could be considered. The guidelines will apply in England and Wales. Guardian News Report BBC News Report DfES
Parliamentary Questions
Posted by News Editor
Wednesday, November 16, 2005
On the 9th November Claire Curtis Thomas asked the Secretary of State for the Home Department how many investigating officers were appointed by the Criminal Cases Review Commission during the period from 31 March 2003 to 31 March 2004; and how many cases were investigated during this period.
Fiona Mactaggart (Parliamentary Under-Secretary, Home Office) replied
As at 31 March 2004 the Criminal Cases Review Commission had 47 case review managers (CRMs) in post. Two CRMs were appointed between 1 April 2003 and 31 March 2004 and there were five departures. During the period, 901 cases were completed and 885 new cases were received. The Commission also appointed five investigating officers under section 19 of the Criminal Appeal Act 1995 between 31 March 2003 and 31 March 2004 to investigate six cases. There was also one ongoing investigation in the same period which involved one investigating officer investigating three cases.
On the 14th November Claire Curtis-Thomas (Crosby, Lab) asked the Minister of State, Department for Constitutional Affairs if she will take steps to accredit medical experts who give evidence in trials.
Harriet Harman (Minister of State, Department for Constitutional Affairs) replied
It would not be appropriate for a medical expert to be certified as meeting required standards for the purpose of giving evidence in a specific area of expertise, given the wide range of subject areas and substrands on which such a witness might be called to give expert testimony. It is for the trial judge to determine if any witness being called to give expert evidence, including medical evidence, has acquired by study or experience sufficient knowledge of the particular subject to render his opinion of value in resolving the issues before the court.
Parliamentary Question
Posted by News Editor
Tuesday, November 08, 2005
On the 7th November Claire Curtis-Thomas (Crosby, Lab) asked the Secretary of State for the Home Department
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what training is obligatory for members of the National Society for the Prevention of Cruelty to Children's Specialist Investigation Service;
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whether all members of the National Society for the Prevention of Cruelty to Children's Specialist Investigation Service are trained in appropriate interviewing techniques.
Maria Eagle (Parliamentary Under-Secretary, Department for Education and Skills) replied
This is essentially a matter for the National Society for the Prevention of Cruelty to Children (NSPCC). Training requirements for staff are subject to "in house" arrangements at the NSPCC and would not fall under the jurisdiction of the DfES. However, there is an expectation that the NSPCC, along with other organisations involved in child protection would follow Government guidance such as "Working Together To Safeguard Children" (1999) and "Complex Child Abuse Investigations: Inter-Agency Issues" (2002). Local authorities purchasing work from the NSPCC would also need to quality assure that work.
Acknowledgement
Hansard reference
News from Ireland
Posted by News Editor
Tuesday, November 08, 2005
According to L.O.V.E (Let Our Voices Emerge) deterrents against false allegations of child abuse are unworkable and the justice system is being exploited by a minority. L.O.V.E. is to begin lobbying the Government to introduce harsher penalties for people who have made false allegations. They also want the Government to examine why Section 5 (reporting false allegations) of the 1998 Act for Protection of Persons Reporting Child Abuse has, to date, never been enacted in a prosecution. A L.O.V.E. spokesperson said
"Health board statistics for 2000 found that 37.3 per cent of allegations of child abuse (physical, sexual, emotional and neglect) were confirmed, 9.4 per cent were deemed to be false and the remainder of cases were either found inconclusive or were still being investigated....
.... over a four-year period almost 5,000 people have had allegations made against them proven false. "That's a horrifically high figure and detracts valuable State and Garda time and resources from the real cases of abuse ...
.... at the moment approximately only 40% of child abuse allegations from Garda Siochanna and Health Board Statistics are confirmed.Up to 14.2% of child abuse allegations have been proven false, with the remainder inconclusive. The only two deterrents in existence are either too expensive (sue for defamation), or have never been used (the 1998 Act Section 5)"
There is an interesting and in many ways disturbing review of Richard Webster's The Secret of Bryn Estyn by ACAL solicitor Richard Scorer. Scorer is one of a number of leading figures among lawyers who have taken a special interest in retrospective allegations of abuse made in relation to children’s homes. A partner in the Manchester firm of Pannone and Partners, he represented nineteen of the complainants at the North Wales Tribunal and has also acted in a number of related cases.
Scorer's view is a mixture of begrudging praise and condemnation. He accuses Webster of being selective in his cases, emotionalism and inaccurate analysis.
In a stinging rebuke of Scorer's comments Webster responds in a line by line rebuttal here and concludes by stating how Scorer’s review illustrates how seemingly rational and intelligent professionals allow themselves to be drawn into witch-hunts and will sometimes, even when the evidence of their misjudgment is placed before them, contrive to find a way of sealing their eyes against it so that they may persist in their folly.
You judge who is the most convincing.
South Australian careworkers are taking their fight to the Government. The South Australian Careworkers Alliance have been formed to promote the civil and legal rights of careworkers falsely accused of child abuse. They have launched an
advertising campaign and called a public meeting in North Adelaide at which Dale Dunlop a Canadian lawyer, who won a $25 million settlement for Canadian careworkers, will speak. The Careworkers Alliance follows a similar model first introduced in Ireland.
Parliamentary Questions
Posted by News Editor
Friday, November 04, 2005
The following questions concerning investigations into alleged child abuse were asked by Claire Curtis Thomas in the UK Parliament
Written Answers — Home Department: Criminal Cases Review Commission
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how many process improvement projects were active in the Criminal Cases Review Commission during 2003–04; and what issues they addressed.
Written Answers — Home Department: Criminal Cases Review Commission
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how many (a) complainants and (b) complaints there were to the Criminal Cases Review Commission in 2003–04; and how many cases were involved.
Written Answers — Home Department: Criminal Cases Review Commission
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how many complaints to the Criminal Cases Review Commission in 2004–05 concerned case review actions or decisions; and how many resulted in a change to a case decision.
Written Answers — Home Department: Criminal Cases Review Commission
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how much the Criminal Cases Review Commission received in grant aid in the year ending 31 March (a) 2004 and (b) 2005.
Written Answers — Home Department: Historical Sex Abuse Cases
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department what penalties are available for journalists who report prejudicial material which may damage an investigation into historical sex abuse; and on how many occasions in the last 10 years these penalties have been used.
Written Answers — Home Department: National Offender Management Service
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how he plans to ensure that the introduction of the National Offender Management Service will achieve its aims of reducing reoffending and increasing public confidence.
Written Answers — Home Department: Sex Offenders
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department what research has been evaluated on (a) inmate and prison staff perceptions of sex offenders and (b) the influence of such perceptions on sex offenders' participation in and completion of sex offender treatment programmes.
Written Answers — Health: Psychotherapy
(2 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for Health if she will make a statement on the regulation of the profession of psychotherapy.
Written Answers — Constitutional Affairs: Expert Witnesses
(2 Nov 2005) Claire Curtis-Thomas: To ask the Minister of State, Department for Constitutional Affairs what prerequisites are set a person needs to give evidence as an expert.
Parliamentary Questions
Posted by News Editor
Thursday, November 03, 2005
- The following questions were asked by Claire Curtis Thomas MP regarding issues to do with the investigation of child abuse.
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- Written Answers — Home Department: Criminal Cases Review Commission
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department whether minimisation of case accumulation is a priority for the Criminal Cases Review Commission in 2005–06.
Written Answers — Home Department: Criminal Cases Review Commission
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department if he will make a statement on the backlog of cases at the Criminal Cases Review Commission in 2004–05.
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- Written Answers — Home Department: Criminal Cases Review Commission
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department what steps are being taken to minimise case accumulation at the Criminal Cases Review Commission.
Written Answers — Home Department: Criminal Injuries Compensation
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how many claims have been received by the Criminal Injuries Compensation Scheme from applicants alleging (a) sexual and (b) physical abuse in care homes and residential schools since 1992; how many such claims have been (i) settled and (ii) refused; how many are ongoing; how much compensation has been paid; and in how many claims...
- Written Answers — Home Department: Historical Sex Abuse Cases
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how contamination of evidence is avoided by the police in historical sex abuse cases; and if he will make a statement.
Written Answers — Home Department: Historical Sex Abuse Cases
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department what steps he takes to ensure that the agencies involved in historical sex abuse investigations provide sufficient training to their staff.
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- Written Answers — Health: Care Homes
(1 Nov 2005) Claire Curtis-Thomas: To ask the Secretary of State for Health (1) how many (a) unitary and (b) metropolitan local authorities have received claims for compensation for (i) sexual and (ii) physical abuse arising out of residence in care homes and residential schools; (2) which local authorities have received claims for compensation for (a) sexual and (b) physical abuse arising out of residence in (i) care homes...
Written Answers — Home Department: Sexual Harm Orders
(31 Oct 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department how many risk of sexual harm orders have been issued in the last six months.
Written Answers — Home Department: Criminal Prosecutions(28 Oct 2005) Claire Curtis-Thomas: To ask the Secretary of State for the Home Department what the (a) public policy test and (b) evidential test is for criminal prosecutions.