An inquiry into the extent to which existing support services and legal processes effectively deliver reparations to victims and survivors of child sexual abuse and exploitation.
1. The Inquiry will investigate the extent to which existing support services, compensation frameworks and the civil justice system are fit to deliver reparations to victims and survivors of child sexual abuse. The investigation will incorporate case specific investigations and a review of information available from published and unpublished reports and reviews, court cases, and previous investigations in relation to the delivery of reparations to the victims and survivors of child sexual abuse.
2. The Inquiry will consider the experiences of victims and survivors of child sexual abuse and investigate:
2.1. what amounts to adequate reparation in the case of child sexual abuse, including a consideration of what weight should be attached to the right to an independent and impartial investigation, the right to truth, accountability, compensation, guarantees of nonrecurrence, and support services;
2.2. to what extent support services, the civil justice system, and/or alternative compensation frameworks (including the criminal courts and the Criminal Injuries Compensation Authority) have delivered each of these elements to victims and survivors of child sexual abuse, including consideration of:
a. the adequacy of support services provided by public, private and charitable organisations;
b. the extent to which the current civil litigation framework may have obstructed the delivery of some or all elements of reparation;
c. the extent to which the current model of insurance, and/or the practice of insurance companies, may have obstructed the delivery of some or all elements of reparation;
d. the extent to which other factors may have obstructed the delivery of some or all elements of reparation; e. the extent to which any of the factors above may also have obstructed the implementation of effective safeguarding measures by institutions.
3. To investigate the issues set out above the Inquiry will identify case studies including, but not limited to, the experience of victims and survivors of sexual abuse at Forde Park Approved School and children’s homes in North Wales.
4. In light of the investigations set out above, the Inquiry will publish a report setting out its findings, lessons learned, and recommendations to improve child protection and safeguarding in England and Wales.
Accountability and Reparations for Victims and Survivors of Abuse - Definition of Scope
1. The description of scope for the Inquiry’s investigation into accountability and reparations states that it will examine two specific case studies: North Wales children’s homes and Forde Park Approved School.
2. The Inquiry has decided to add three further case studies in order to obtain as broad a range of evidence as possible. The additional case studies are: St Leonard’s children’s home, St Aidan’s & St Vincent’s children’s homes and the Stanhope Castle Approved School. The selection of these case studies does not prevent the inclusion of additional case studies at a later date.
3. The accountability and reparations investigation focuses on the aftermath of child sexual abuse. The Inquiry is limited by its terms of reference to considering experiences of child sexual abuse. It is not able to examine other forms of child abuse.
4. We will be seeking evidence on the following issues in the four case studies:
a. The process of making a civil claim for damages;
b. Criminal compensation schemes (criminal compensation orders; Criminal Injuries Compensation Authority (CICA), formerly Criminal Injuries Compensation Board (CIBA) awards); and
c. Support services for victims and survivors who have disclosed child sexual abuse, whether or not they were involved in a criminal or civil case.
5. The investigation will not examine or resolve disputed factual issues relating to the underlying allegations of child sexual abuse.