14. Forde Park Approved School[1] was set up and supervised by the Home Office from 1940 until April 1973, when it became a community home[2] under the control of Devon County Council until its closure in 1985.
15. Victims and survivors described widespread sexual abuse at Forde Park. We heard evidence from 12 former residents, who told us that children resident there were repeatedly sexually assaulted and raped, often over many years, and by different members of staff.[3]
15.1. When he was 11 and 12 years old, AR-A41 was sexually assaulted and raped by several staff members, including Derek Hooper, a gardener/voluntary worker,[4] at Forde Park. AR-A41 said “it was just evil”.[5]
15.2. For two years after he was sent to Forde Park at age 12, AR-A13 was raped by Hooper once or twice a week.[6]
15.3. AR-A6 was sexually abused by older boys and once raped by Hooper while at Forde Park. He lived in constant fear of sexual abuse.[7]
16. The impact of these traumatic experiences was profound. AR-A41 felt that the abuse had made him a “bitter, twisted little boy”. He was ashamed and petrified to speak about the abuse, even as an adult.[8] AR-A13 told us that he still had not come to terms with being raped at 12 years old. He relies on medication to cope, but told us “I’m an old man … I don’t want chemical enhancement. I’d like to know what peace of mind is”.[9] AR-A6 spent the majority of his damages from a civil claim on drink and drugs, “to block out my feelings”.[10] AR-A9 said: “I will always be haunted by the memories of Forde Park”.[11]
17. During our hearings, a representative of Devon County Council said that it was deeply sorry for the abuse suffered by the former residents of Forde Park.[12] In addition, in a letter to the solicitor for some of the victims and survivors of Forde Park, the Home Office said that the government deeply regretted the suffering they and others had endured in institutions in the past. It said that ministers recognised the importance of acknowledging when institutions have not done what they should have done. However, despite being responsible for Forde Park from 1940 to 1973, the Home Office did not make a direct apology for the abuse that occurred there during that period, stating that “it is also important that apologies properly reflect the actions and responsibilities of those involved” and that “the inquiry hearing is the proper forum for consideration of these matters”.[13]
18. From 1999 to 2002, investigations into allegations of sexual abuse at Forde Park were managed under an overarching investigation known as Operation Lentisk.[14] Around 100 former pupils at the school made allegations and the police took almost 1,300 statements.[15] Although a significant number of alleged abusers had died by the time of the investigation,[16] the majority of allegations of abuse at Forde Park were against Hooper and John Ely.[17]
18.1. Hooper was initially involved at Forde Park on a voluntary basis. From 1971 to 1973, he was employed there as a gardener, before returning to a voluntary role. On 21 September 2000, Hooper was convicted of 28 counts of indecent assault on a male, seven counts of attempted buggery, three counts of buggery and two counts of incitement to commit buggery. All but one of the counts were for crimes against children at Forde Park. On appeal, he was sentenced to 14 years’ imprisonment.[18]
18.2. Ely was a housemaster at Forde Park between 1967 and 1979. In 2001, he was convicted of 18 counts of indecent assault, seven counts of buggery and one count of attempted buggery. These crimes were committed against children who were pupils at Forde Park and at another institution where he had also been a housemaster. He was sentenced to 12 years’ imprisonment.[19]
19. Over 100 claimants brought civil claims against Devon County Council, the Home Office, or both, seeking damages for physical and sexual abuse at Forde Park. The majority of these claims commenced in around 1999.[20]
20. During the litigation, the defendants raised the issue of limitation and applied unsuccessfully (including appealing to the Court of Appeal)[21] for it to be heard as a preliminary issue.[22] A dispute also arose between the Home Office and the Council as to who should be liable for any claims of abuse in the period prior to April 1973. Although this issue did not directly concern the claimants, and it was eventually resolved in the Home Office’s favour,[23] it appears to have prolonged the time it took to resolve their claims.[24]
21. During the course of the litigation, the parties identified a group of lead cases to be heard by the court. The trial of these cases was due to take place in 2001. However, many of the claims were settled before the hearing or shortly after the trial began.[25] Devon County Council’s records show that, of the approximately 100 claims it received, 46 were settled (six of which were progressed to court but settled before judgment), five were repudiated and 23 were discontinued. The outcome for the remaining 26 is unknown as records have not been updated.[26]