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IICSA Independent Inquiry into Child Sexual Abuse

Children in the care of the Nottinghamshire Councils Investigation Report

Annex 1: Overview of process and evidence obtained by the Inquiry

1. Definition of scope for the case study. 

This investigation is an inquiry into the nature and extent of, and the institutional responses to, allegations of sexual abuse of children in the care of the Nottinghamshire Councils. 

The scope of the investigation is as follows:

1. The Inquiry will investigate the nature and extent of, and institutional responses to, the sexual abuse of children in the care of Nottingham City and Nottinghamshire County Councils (‘the Councils’), including those cared for in children’s homes and by foster carers and/or adoptive parents. 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investigation will incorporate case-specific investigations and a review of information available from published and unpublished reports and reviews, court cases, and previous investigations.

2. In doing so, the Inquiry will consider the experiences of victims and survivors of child sexual abuse while in the care of the Councils, and will investigate:

2.1. the nature and extent of allegations of child sexual abuse of children in the care of the Councils during the relevant period;

2.2. the nature and extent of the failures of the Councils to protect such children from sexual abuse;

2.3. the appropriateness of the response of the Councils, law enforcement agencies, prosecuting authorities and other public authorities to reports of child sexual abuse involving children cared for by the Councils, and/or reports of child sexual abuse by individuals who were employed by or contracted by the Councils, with access to children;

2.4. the extent to which the Councils sought to investigate, learn lessons, implement changes, and/or provide support to victims and survivors, in response to:

a) allegations that individuals with access to children cared for by the Councils had sexually abused children;

b) criminal investigations and prosecutions and/or civil litigation in relation to alleged sexual abuse of children within the care of the Councils;

c) reports, reviews and inquiries into child sexual abuse and/or safeguarding; and/or

d) other external guidance.

2.5. the adequacy of the policies and practices adopted by the Councils during the relevant period in relation to safeguarding and child protection, including considerations of governance, training, recruitment, leadership, reporting and investigation of child sexual abuse, disciplinary procedures, information sharing with outside agencies, and approach to reparations;

2.6. the extent to which children who made allegations of sexual abuse may have had special educational needs and/or any other form of special need or vulnerability and whether that may have made them more vulnerable to sexual abuse;

2.7. the extent to which there was a culture within the Councils which inhibited the proper investigation, exposure, prevention of, and reparation for, child sexual abuse; and

2.8. the adequacy of the inspection regimes applicable throughout the relevant period.

3. To investigate the issues set out in paragraph 2, the Inquiry may identify a number of case studies.

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.[1]

2. Core participants and legal representatives

Counsel to this investigation:

Patrick Sadd

Paul Livingston

Imogen Egan

Olinga Tahzib

Complainant core participants:

D3, D4, D5, D6, D7, D9, D10, D11, D12, D13, D18, D19, D20, D22, D23, D25, D26, D28, D31, D33, D34, D35, D36, D37, D38, D42, D44, D46, D47, D48, D51

Counsel

Caoilfhionn Gallagher QC, Megan Hirst, Mary-Rachel McCabe, Nick Brown

Solicitor

Jon Wakefield (Bhatia Best)

A73, A74, Dale Davey, A76, A79
Counsel

Caoilfhionn Gallagher QC, Megan Hirst, Mary-Rachel McCabe

Solicitor Kim Harrison (Slater & Gordon)
P4, P5, P6, P7, P8, P9, P10, P11, P12, P13, P14, P15, P16, P17, P18, P19
Counsel

Caoilfhionn Gallagher QC, Megan Hirst, Mary-Rachel McCabe

Solicitor Debbie Heath (Instalaw)
L17, L18, L19, L20, L21, L22, L23, L24, L25, L26, L27, L28, L29, L30, L31, L32, L33, L34, L35, L36, L37, L38, L39, L40, L43, L44, L45, L46, L47, L48, L49, L50, L51, L52
Counsel Stephen Simblet, Laura Profumo
Solicitor Christopher Ratcliffe (Uppal Taylor)
F37, F38, F39, F40, F46, Michael Summers
Counsel Christopher Jacobs
Solicitor David Enright (Howe + Co)
C21
Counsel

Christopher Jacobs

Solicitor David Greenwood (Switalskis)
Q1
Counsel

Aidan O’Neill QC

Solicitor Jessica Gladstone (Clifford Chance)
N1
Counsel

Christopher Jacobs

Solicitor Jonathan Bridge (Farleys)

Other individual core participants:

David Hollas
Counsel

Not legally represented

Solicitor Not legally represented
John Mann
Counsel

Aidan O’Neill QC

Solicitor Jessica Gladstone (Clifford Chance)

Institutional core participants:

Nottinghamshire Police
Counsel

Sam Leek QC, Alice Meredith

Solicitor Craig Sutherland (East Midlands Police Legal Services)
Nottinghamshire County Council
Counsel Andrew Sharland QC, Christopher Parkin
Solicitor Geoffrey Russell (Nottinghamshire County Council)
Nottingham City Council
Counsel Steven Ford QC
Solicitor Sarah Molyneux, Malcolm Townroe (Nottingham City Council)
Crown Prosecution Service
Counsel

Edward Brown QC

Solicitor Alastair Tidball (Government Legal Services)
Ofsted
Counsel

Sarah Hannett, Alice de Coverley

Solicitor James Fawcett (Ofsted)
Department for Education
Counsel

Cathryn McGahey QC

Solicitor William Barclay (Government Legal Department)

3. Evidence received by the Inquiry

Number of witness statements obtained:

173

Organisations and individuals to which requests for documentation or witness statements were sent:

A73

A74

A76

A79

Action for Children

Allan Breeton (Nottinghamshire Police)

Andrew Bosworth (former manager of Beechwood Children’s Home – Nottinghamshire County Council)

Andrew Gowan (Nottinghamshire Police)

Anna Sains (Manager within children’s social care – Nottinghamshire County Council)

Anthony May (Director within children’s social care – Nottinghamshire County Council)

Brian Doohan (Nottinghamshire Police)

Bronwen Cooper (children’s social care – Nottingham City Council)

C21

Carol Smith (social worker – Nottinghamshire County Council)

Carolyne Willow (Director of Article 39 charity)

Cath Carrie (Crown Prosecution Service)

Chris Cook (Chair of Nottingham City Safeguarding Board)

Chris Few (Chair of Nottinghamshire County Safeguarding Board)

Clive Chambers (Manager within children’s social care – Nottingham City Council/Nottinghamshire County Council)

Crown Prosecution Service

D10

D11

D12

D18

D19

D20

D22

D23

D25

D26

D28

D3

D31

D33

D34

D35

D36

D37

D38

D4

D42

D44

D46

D47

D48

D5

D51

D6

D7

D9

Daniel Yates (children’s social care – Nottinghamshire County Council)

David Fisher (children’s social care – Nottinghamshire County Council)

David Mellen (Councillor – Nottingham City Council)

David Philip Morgan (Manager within children’s social care – Nottinghamshire County Council)

David Taylor (Nottinghamshire Police)

David White (former Director of Social Services – Nottinghamshire County Council)

Dawn Godfrey (children’s social care – Nottinghamshire County Council)

Denis Watkins (Assistant Director within children’s social care – Nottinghamshire County Council)

Department for Education

Derek Brewer (Nottinghamshire Police)

F37

F38

F39

F40

F46

Michael Summers

Geoff Ward (Department Head within children’s social care – Nottinghamshire County Council)

George Norman Hanson (senior management within children’s social care – Nottinghamshire County Council)

Glynis Storer (children’s social care – Nottingham City Council)

Helen Blackman (Director of Children’s Social Care – Nottingham City Council)

Helen Chamberlain (Nottinghamshire Police)

Helen Ryan (Director within children’s social care – Nottinghamshire County Council)

James Fenwick (former employee at Beechwood Children’s Home – Nottinghamshire County Council)

Jayne Austin (Manager within children’s social services – Nottinghamshire County Council)

Jenny Street (Nottinghamshire Police)

Jim McLaughlin (former employee at Beechwood Children’s Home – Nottingham City Council)

Joan Taylor (Chair within children’s social care – Nottinghamshire County Council)

John Mann MP (MP for Bassetlaw)

John Stocks (Chair within children’s social care – Nottinghamshire County Council)

Joyce Bosnjak (Chair within children’s social care – Nottinghamshire County Council)

Joyce White (children’s social services – Nottinghamshire County Council)

Judy Holloway-Vine (children’s social services – Nottinghamshire County Council)

Julie Balodis (Nottinghamshire Police)

Kenneth Rigby (former employee at Beechwood Children’s Home – Nottinghamshire County Council)

Kevin Flint (Nottinghamshire Police)

L17

L18

L19

L20

L21

L22

L23

L24

L25

L26

L27

L28

L29

L30

L31

L32

L33

L34

L35

L36

L37

L38

L39

L40

L43

L44

L45

L46

L47

L48

L49

L50

L51

L52

Malcolm McBride (former employee at Beechwood Children’s Home – Nottinghamshire County Council)

Mandy Coupland (Co-founder of the Nottingham CSA Survivors Group)

Margaret Mackechnie (Director within children’s social care – Nottingham City Council)

Margaret Stimpson (Manager within children’s social care – Nottinghamshire County Council)

Mark Cope (former employee at Beechwood Children’s Home – Nottinghamshire County Council)

Maxine Leigh (Founder of Support for Survivors)

Mike Morris (Director within children’s social care – Nottinghamshire County Council)

Nottingham City Council

Nottinghamshire County Council

Nottinghamshire Police

NSPCC

Ofsted

P10

P11

P12

P13

P14

P15

P16

P17

P18

P19

P4

P5

P6

P7

P8

P9

Paddy Tipping (Police and Crime Commissioner for Nottinghamshire)

Paul Bohan (former employee at Beechwood Children’s Home – Nottinghamshire County Council)

Paul Snell (Director within children’s social care – Nottingham City Council)

Peter Maddocks (Independent Reviewer for Nottinghamshire Safeguarding Children Board)

Philip Owen (Councillor – Nottinghamshire County Council)

Q1

Rachel Morton (children’s social care – Nottinghamshire County Council)

Rhona Keenan (Nottinghamshire Police)

Rob McKinnell (Nottinghamshire Police)

Rod Jones (former Head of Children and Families Policy – Nottinghamshire County Council)

Sallyanne Johnson (Director within children’s social care – Nottingham City Council)

Sam Shallow (Crown Prosecution Service)

Sandra Brothwell (former employee at Beechwood Children’s Home – Nottingham City Council)

Sarah Palmer (Nottinghamshire Police)

Sharon Wilkinson (children’s social care – Nottinghamshire County Council)

Sheila Place (Chair within children’s social care – Nottinghamshire County Council)

Shelley Nicholls (children’s social care – Nottingham City Council)

Sonia Cain (Manager within children’s social care – Nottingham City Council)

Steve Edwards (Director within children’s social care – Nottinghamshire County Council)

Steve Freeman (Nottinghamshire Police)

Stuart Brook (Director within children’s social services – Nottinghamshire County Council)

Sue Matthews (Crown Prosecution Service)

Susan Gregory (Director within children’s social care – Nottingham City Council)

Susan Hawkesford (Manager with children’s social care – Nottinghamshire County Council)

Tony Dewhurst (children’s social care – Nottinghamshire County Council)

Yvonne Dales (Nottinghamshire Police)

4. Disclosure of documents

Total number of pages disclosed: 40,316
Investigation material

38,793

Publicly available material 1,546

5. Public hearings including preliminary hearings

Preliminary hearings
1

11 May 2017

2 31 January 2018
3 19 July 2018
Public hearings
Days 1–5

1–5 October 2018

Days 6–7 8–9 October 2018
Days 8–10 17–19 October 2018
Days 11–15 22–26 October 2018

6. List of witnesses

Forename

Surname

Title

Called / Read

Hearing day

 

D7

 

Called

2

 

L17

 

Called

2

 

C21

 

Called

2

 

N1

 

Called

3

 

L43

 

Called

3

 

F37

 

Called

3

 

P18

 

Read

3

 

D22

 

Read

3

 

L23

 

Read

3

 

L29

 

Read

3

 

L48

 

Called

4

 

L45

 

Called

4

 

P7

 

Called

4

 

L35

 

Read

4

 

P4

 

Read

4

 

D38

 

Read

4

 

D26

 

Read

4

 

D31

 

Called

5

 

D6

 

Called

5

 

P3

 

Read

5

 

L46

 

Read

5

 

D46

 

Read

5

 

P1

 

Read

5

Rod 

Jones

Mr

Called

6

David 

White

Mr

Called

6

Kenneth

Rigby

Mr

Called

7

Bronwen

Cooper

Ms

Called

7

Jim

McLaughlin

Mr

Called

7

James

Fenwick

Mr

Called

7

Margaret

Stimpson

Ms

Called

8

David Philip

Morgan

Mr

Called

8

Mark

Cope

Mr

Called

8

Helen

Blackman

Ms

Called

8

Michelle

Foster

Ms

Called

9

David

Fisher

Mr

Called

9

Margaret 

Mackechnie

Ms

Called

9

Susan

Gregory

Ms

Called

9

Sonia

Cain

Ms

Called

10

Daniel

Yates

Mr

Called

10

Jayne

Austin

Ms

Called

10

Rhona

Hicks

Ms

Called

10

Yvonne

Dales

Detective Inspector

Called

11

Julie

Balodis

Detective Constable

Called

11

Sam

Shallow

Ms

Called

11

Chris

Few

Mr

Called

11

Sue

Matthews

Ms

Called

12

Rachel

Morton

Ms

Called

12

Steve

Edwards

Mr

Called

12

Philip

Owen

Councillor

Called

12

Stuart

Brook

Mr

Called

13

David

Mellen

Councillor

Called

13

Paddy

Tipping

Commissioner

Called

13

Mandy

Coupland

Ms

Called

13

Maxine

Leigh

Ms

Read

13

Simon

Hackett

Professor

Called

14

Alison

Michalska

Ms

Called

14

Colin

Pettigrew

Mr

Called

14

Robert

Griffin

Chief Superintendent

Called

14

 

P16

 

Called

15

7. Restriction orders

On 23 March 2018, the Chair issued an updated restriction order under section 19(2)(b) of the Inquiries Act 2005, granting general anonymity to all core participants who allege they are the victim and survivor of sexual offences (referred to as ‘complainant core participants’). The order prohibited: 

(i) the disclosure or publication of any information that identifies, names or gives the address of a complainant who is a core participant; and 

(ii) the disclosure or publication of any still or moving image of a complainant core participant. 

This order meant that any complainant core participant within this investigation was granted anonymity, unless they did not wish to remain anonymous. That order was amended on 23 March 2018, but only to vary the circumstances in which a complainant core participant may themselves disclose their own core participant status.[2]

8. Broadcasting

The Chair directed that the proceedings would be broadcast, as has occurred in respect of public hearings in other investigations. For anonymous witnesses, all that was ‘live streamed’ was the audio sound of their voice.

9. Redactions and ciphering

The material obtained for the investigation was redacted and, where appropriate, ciphers were applied, in accordance with the Inquiry’s Protocol on the Redaction of Documents.[3] This meant that (in accordance with Annex A of the Protocol), absent specific consent to the contrary, the identities of complainants, victims and survivors of child sexual abuse and other children were redacted; if the Inquiry considered that their identity appeared to be sufficiently relevant to the investigation, a cipher was applied. Pursuant to the Protocol, the identities of individuals convicted of child sexual abuse (including those who have accepted a police caution for offences related to child sexual abuse) were not generally redacted, unless the naming of the individual would risk the identification of their victim, in which case a cipher would be applied.

10. Warning letters

Rule 13 of the Inquiry Rules 2006 provides:

(1) The chairman may send a warning letter to any person –

a. he considers may be, or who has been, subject to criticism in the inquiry proceedings; or

b. about whom criticism may be inferred from evidence that has been given during the inquiry proceedings; or

c. who may be subject to criticism in the report, or any interim report.

(2) The recipient of a warning letter may disclose it to his recognised legal representative.

(3) The inquiry panel must not include any explicit or significant criticism of a person in the report, or in any interim report, unless –

a. the chairman has sent that person a warning letter; and

b. the person has been given a reasonable opportunity to respond to the warning letter.[4]

In accordance with rule 13, warning letters were sent as appropriate to those who were covered by the provisions of rule 13. The Chair and Panel considered the responses to those letters before finalising the report.

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