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IICSA Independent Inquiry into Child Sexual Abuse

Institutional responses to allegations of child sexual abuse involving the late Lord Janner of Braunstone QC Investigation Report

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

1. Definition of scope for the case study

This case study is an investigation into the institutional responses to allegations of child sexual abuse involving the late Lord Janner of Braunstone QC.

The scope of this investigation is:[1]

  1. “1. The Inquiry will investigate institutional responses to allegations of child sexual abuse involving the late Lord Janner of Braunstone QC (‘Lord Janner’).
  2. 2. In particular, the Inquiry will consider:
    1. 2.1. the adequacy and propriety of law enforcement investigations and prosecutorial decisions relating to allegations falling within paragraph 1 above;
    2. 2.2. the extent to which Leicestershire County Council and the Kirkwood Inquiry were aware of allegations falling within paragraph 1 and the adequacy of their response;
    3. 2.3. the extent to which the Labour Party, Parliament, government departments, and/or the security and intelligence agencies were aware of allegations falling within paragraph 1 and the adequacy of their response;
    4. 2.4. the extent to which any other public or private institution may have failed in its duty to protect children from sexual abuse in respect of the allegations falling with paragraph 1;
    5. 2.5. whether any attempts were made to exert improper influence in order to hinder or prevent an institution from effectively investigating or otherwise responding to allegations falling within paragraph 1.
  3. 3. In light of the investigations set out above, the Inquiry will publish a report setting out its findings and recommendations to improve child protection and safeguarding in England and Wales.”

2. Core participants and legal representatives:

Counsel to this investigation:

  • Brian Altman QC
  • Andrew O’Connor QC
  • Jacqueline Carey
  • Matthew Hill
  • Paul Mertens
  • Marlene Cayoun
  • Imogen Egan

Complainant core participants:

Complainant core participants:
JA-A8
Counsel William Chapman
Solicitor Simpson Millar
JA-A1
Counsel William Chapman
Solicitor Simpson Millar
JA-A15
Counsel William Chapman
Solicitor Simpson Millar
JA-A16
Counsel William Chapman
Solicitor Simpson Millar
JA-A4
Counsel William Chapman
Solicitor Simpson Millar
JA-A6
Counsel William Chapman
Solicitor Simpson Millar
JA-A7
Counsel William Chapman
Solicitor Simpson Millar
JA-A12
Counsel William Chapman
Solicitor Simpson Millar
JA-A19
Counsel William Chapman
Solicitor Simpson Millar
John Gator
Counsel William Chapman
Solicitor Simpson Millar
Anthony Hyde
Counsel William Chapman
Solicitor Simpson Millar
Alan Hodges
Counsel William Chapman
Solicitor Simpson Millar
Hamish Baillie (died during the course of the Inquiry’s investigation)
Counsel William Chapman
Solicitor Simpson Millar
JA-A23
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A26
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A5
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A10
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A20
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A9
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A3
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A13
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A2
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A11
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A17
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A27
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A25
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A22
Counsel Nick Stanage
Solicitor Slater and Gordon
JA-A41
Counsel Christopher Jacobs
Solicitor Howe & Co
JA-A24
Counsel Christopher Jacobs
Solicitor Howe & Co
JA-A21
Counsel Christopher Jacobs
Solicitor Affinity Law
JA-A14
Counsel Christopher Jacobs
Solicitor Affinity Law
Tracey Taylor
Counsel Christopher Jacobs
Solicitor Affinity Law
Timothy Betteridge
Counsel Christopher Jacobs
Solicitor Affinity Law
JA-A18
Counsel Unrepresented
Solicitor Unrepresented

Individual core participants:

Rabbi Laura Janner-Klausner
Counsel Danny Friedman QC
Solicitor Leverets
Marion Janner OBE
Counsel Danny Friedman QC
Solicitor Leverets
Michael Perry
Counsel Unrepresented
Solicitor Unrepresented
Tony Butler
Counsel Paul Hynes QC
Solicitor Edward Fail, Bradshaw & Waterson
Christopher Thomas
Counsel Christopher Daw QC
Solicitor 3D Solicitors
Michael Creedon
Counsel Christopher Daw QC
Solicitor 3D Solicitors
Peter Joyce QC
Counsel Paul Greaney QC
Solicitor MSB Solicitors
Peter Hollingworth (died during the course of the Inquiry’s investigation)
Counsel Unrepresented
Solicitor Unrepresented

Institutional core participants:

Independent Office for Police Conduct
Counsel Gerry Boyle QC
Solicitor In-house legal team
Home Office
Counsel Sian Reeves
Solicitor Government Legal Department
Labour Party
Counsel Eleanor Grey QC
Solicitor Edwards Duthie Shamash Solicitors
Crown Prosecution Service
Counsel Edward Brown QC
Solicitor In-house legal team
Leicestershire County Council
Counsel Alex Verdan QC
Solicitor In-house legal team
Leicestershire Police
Counsel Sam Leek QC
Solicitor In-house legal team
Department for Education
Counsel Galina Ward
Solicitor Government Legal Department

3. Evidence received by the Inquiry

Number of witness statements obtained:
81

Organisations and individuals to which requests for documentation or witness statements were sent or who volunteered information included:[2]

  • Alan Mangham, Leicestershire County Council
  • Alexander Nixon, Leicestershire Police
  • Alistair Helm, Leicestershire Police
  • Bhupendra Dave, Leicester City Council
  • Brian Rice, Leicestershire County Council
  • Brian Waller, Leicestershire County Council
  • Cabinet Office
  • Christopher Thomas, Leicestershire Police
  • Community Security Trust
  • Crown Prosecution Service
  • Dale Layton, Leicestershire County Council
  • David Evans, Labour Party
  • David Gale, KidsforCash UK
  • David Swift-Rollinson, Leicestershire Police
  • Department for Education
  • Department of Health
  • East Midlands Housing Association
  • Frances Oram, Department for Education
  • Gregor McGill, Crown Prosecution Service
  • Helen Ewen, Cabinet Office
  • Henry Dunphy, Leicester City Council
  • HM Inspectorate of Constabulary (now HM Inspectorate of Constabulary and Fire & Rescue Services)
  • Home Office
  • Independent Office for Police Conduct
  • JA-A3, complainant core participant
  • JA-A9, complainant core participant
  • JA-A14, complainant core participant
  • JA-A21, complainant core participant
  • JA-A24, complainant core participant
  • JA-A41, complainant core participant
  • JA-A68, complainant
  • JA-A69, complainant
  • JA-H1, father of complainant
  • James Wynne, Leicestershire Police
  • Jane Ashdown, Leicestershire County Council
  • Jane Moore, Leicestershire County Council
  • John Noblett, Leicestershire County Council
  • John Sinnott, Leicestershire County Council
  • Julie Robinson, Soar Valley College
  • Keith Vaz, former MP for Leicester East (Labour)
  • Kevin Barrs, Leicestershire Police
  • Kevin Yates, Leicestershire Police
  • Labour Party
  • Rabbi Laura Janner-Klausner, daughter of the late Lord Janner of Braunstone QC
  • Leicestershire County Council
  • Leicestershire Police
  • London School of Economics
  • Marion Janner OBE, daughter of the late Lord Janner of Braunstone QC
  • Metropolitan Police Service
  • Michael Creedon, Leicestershire Police
  • Mike Nerini, Leicestershire County Council
  • National Police Chiefs’ Council
  • National Society for the Prevention of Cruelty to Children
  • Nigel Baraclough, Leicestershire Police
  • Nigel Matthew (Matt) Hewson, Leicestershire Police
  • Nigel O’Mara, co-founder of Survivors UK
  • Sir Peter Soulsby, Leicester City Council
  • Sir Richard Heaton, Cabinet Office
  • Richard Keenan, Leicestershire Police
  • Robert Parker, Leicestershire County Council
  • Roger Rock, Crown Prosecution Service
  • Rose Kay, Leicestershire County Council
  • Stephen Smith, Leicestershire Police
  • Survivors UK
  • Timothy Betteridge, complainant core participant
  • Rt Hon Tony Blair, former Prime Minister and Leader of the Labour Party
  • Tracey Taylor, complainant core participant

4. Disclosure of documents

Total number of pages disclosed: 22,549

5. Public hearings including preliminary hearings

Preliminary hearings
1 9 March 2016
2 26 July 2016
3 24 September 2019
4 20 February 2020
Public hearings
Days 1–5 12–16 October 2020
Days 6–10 19–23 October 2020
Days 11–15 26–30 October 2020

6. List of witnesses

Forename Surname Title Called/read Hearing day
Matt Hewson Mr Called 2, 13
Kelvyn Ashby Mr Called 3
Graham Carr Mr Read 3
Timothy Garner Mr Read 3
Tony Butler Mr Called 4
Mark Williams Mr Called 4
Peter Joyce QC Mr Called 5
Peter Hollingworth Mr Read 5
Iain Groundwell Mr Called 5
James Coussey Mr Called 6
Jeremy Naunton Mr Called 6
Barbara Fitt Ms Read 6
Ray Fitt Mr Read 6
John Sinnott Mr Called 7
Robert Parker Mr Called 7
Brian Waller Mr Called 7
James Wynne Mr Called 8
Nigel Baraclough Mr Read 8
Richard Keenan Mr Read 8
Matthew Baggott Mr Read 9
David Swift-Rollinson Mr Called 9
Kevin Barrs Mr Called 9
Christopher Thomas Mr Called 9, 11
Alistair Helm Mr Called 10
Roger Rock Mr Called 10
Michael Creedon Mr Called 11, 12
JA-B24 Read 12
Helen Ewan Ms Called 12
Tony Blair Rt Hon Read 12
Gregor McGill Mr Called 12, 13
Kevin Yates Mr Called 13
James Roberts Mr Called 13
Mark D’Arcy Mr Read 13
Peter Coleman Mr Called 13

7. Restriction orders

On 15 August 2016, the Chair issued a 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’).[3] 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.

On 18 September 2019, the Chair issued a restriction order pursuant to section 19(2)(b) of the Inquiries Act 2005 granting general anonymity to all complainants in this investigation.[4] The order prohibited publication of any matter relating to a complainant if it is likely to lead members of the public to identify that person as a complainant, including (i) the complainant’s name, (ii) the complainant’s address, (iii) the identity of any school or other educational establishment attended by the complainant, (iv) the identity of any place of work associated with the complainant and (v) any still or moving picture of the complainant. The restriction order did not apply where the complainant waived their anonymity for the purposes of the Inquiry.

8. Broadcasting

The Chair directed that the open sessions of the proceedings would be broadcast, as has occurred in respect of public hearings in other investigations.

9. Redactions and ciphering

The material obtained for the investigation was redacted and, where appropriate, ciphers applied, in accordance with the Inquiry’s Protocol on the Redaction of Documents.[5] 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 and, 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. “(1) The chairman may send a warning letter to any person –
    1. a. he considers may be, or who has been, subject to criticism in the inquiry proceedings; or
    2. b. about whom criticism may be inferred from evidence that has been given during the inquiry proceedings; or
    3. c. who may be subject to criticism in the report, or any interim report.
  2. (2) The recipient of a warning letter may disclose it to his recognised legal representative.
  3. (3) The inquiry panel must not include any explicit or significant criticism of a person in the report, or in any interim report, unless –
    1. a. the chairman has sent that person a warning letter; and
    2. b. the person has been given a reasonable opportunity to respond to the warning letter.”

In accordance with rule 13, warning letters were sent as appropriate to those who were covered by the provisions of rule 13, and the Chair and Panel considered the responses to those letters before finalising the report. Where those individuals were deceased and it was possible to locate a family member, letters were sent to notify the family member of the information that would have been contained in a warning letter.

11. References

References in the footnotes of this report such as ‘INQ000123’ are to documents that have been adduced in evidence. Those referred to in open session only have been published on the Inquiry website. A reference such as ‘Matt Hewson 13 October 2020 52/14’ is to the witness, the date he or she gave evidence, and the page and line reference within the relevant transcript. Hearing transcripts for the open sessions only are available on the Inquiry website.

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