Independent Inquiry into Child Sexual Abuse

Purpose of report

For information.

Summary

The LGA has recently been engaged in several strands of work with the Independent Inquiry into Child Sexual Abuse (IICSA). This report outlines this work for members’ information.

Recommendation That the Children and Young People Board notes the update. Action That officers take any actions arising from the discussion.

Contact officer:	Louise Smith

Position:	Senior Adviser – Children and Young People

Phone no:	0207 664 3163

Email:	louise.smith@local.gov.uk

Independent Inquiry into Child Sexual Abuse

Background

The IICSA was set up in 2015 to investigate the extent to which institutions in England and Wales failed to protect children from sexual abuse. The inquiry is being led by Professor Alexis Jay OBE.

The Inquiry has a range of ongoing investigations, including three into specific local authorities. In addition to direct support for the councils involved in investigations, the LGA has been asked to contribute to investigations looking at accountability and reparations, and effective leadership of child protection.

Accountability and Reparations

The accountability and reparations inquiry is looking at the extent to which existing support services and available legal processes effectively deliver reparations to victims and survivors of child sexual abuse and exploitation.

The LGA was asked to provide a written statement as part of this investigation, which was approved by the LGA Chairman and the heads of the political groups. The LGA was subsequently called to provide evidence at a public hearing on 5 February 2020. Sally Burlington, Head of Policy, represented the LGA.

The content of the witness statement focussed on:

Support for victims and survivors – including the limited capacity of mental health and specialist support services; the need to support those working with survivors; and the need to build community and voluntary service capacity.

Redress – including the importance of any redress scheme being established in consultation with victims and survivors and incorporating both support and financial redress; the need for apologies and reassurances; our belief that a redress scheme should be operated at a national level to ensure equitable levels of compensation and support, to reduce administrative costs and to avoid impacting disproportionately on certain areas which could impact local services.

Limitation – the LGA takes no view on whether the existing law of limitation should be changed insofar as it applies to claimants and defendants in cases of non-historical child sexual abuse.

Phase One of the investigation also made the following recommendation:

The Local Government Association and the Association of British Insurers should each produce codes of practice for responding to civil claims of child sexual abuse.

The codes should include recognition of the long-term emotional and psychiatric or psychological effects of child sexual abuse on victims and survivors, and acknowledgement that these effects may make it difficult for victims and survivors to disclose that they have been sexually abused and to initiate civil claims for that abuse.

The codes should also include guidance that:

claimants should be treated sensitively throughout the litigation process;

the defence of limitation should only be used in exceptional circumstances;

single experts jointly instructed by both parties should be considered for the assessment of the claimants’ psychiatric, psychological or physical injuries; and

wherever possible, claimants should be offered apologies, acknowledgement, redress and support.

The LGA Executive has agreed that the LGA will carry out this recommendation, and that the Code will be drafted internally, drawing on expert advice where necessary and in consultation with the ABI which has also agreed to produce a code.

A workshop was held in February 2020 with representatives of councils who have been involved in high-profile examples of CSA to inform the development of the code. When drafted, consultation will be carried out with local authorities and survivor groups with the aim of presenting the final code to the LGA General Assembly in July 2020.

In recognition of the very different experiences and circumstances of different councils, it is intended that the code will be very high level, outlining key issues that councils should consider when responding to civil claims of CSA. The code is expected to cover:

Overarching principles

Treating claimants sensitively

Overview of current legislative framework

The process

Internal structures – who needs to be involved

Clarity and speed of process – managing expectations

How should claims be dealt with?

Links to document retention policies

Include defence of limitation and single experts

The response

Ensuring an effective response from day one

Support and reassurance, including assuring people they will be listened to and taken seriously

Apologies, acknowledgements and recognition, including whether apologies are admissions of liability

Assurances: how children are currently being protected

Redress: giving people choices where possible (e.g. settlement vs court)

Support – financial, signposting, survivor groups etc

Support for staff

Dealing with police

Dealing with media interest (including social media)

Emotional/psychological support

Effective Leadership of Child Protection

The LGA has also been asked to submit a witness statement to the “effective leadership of child protection” investigation, which is looking at practical experiences of leadership and management, and examining how effective leadership can better protect children from sexual abuse. The LGA’s witness statement was submitted on 11 March 2020, following sign off by lead members on the Children and Young People Board.

This statement covered:

Leadership – including the roles of the Lead Member for Children’s Services, Director of Children’s Services, Leader and Chief Executive; robust audit, performance monitoring and challenge; corporate parenting; incorporating children’s voices into decision-making; culture and ethos.

Transparency, communication and partnership working – including new multi-agency safeguarding arrangements; data sharing; and whistleblowing.

A culture of continuous learning – including the LGA’s sector-led improvement programme; and professional development.

If the LGA is called to give evidence at a public hearing, this will be led by Trevor Doughty, the LGA’s Director of Children’s Sector-Led Improvement.

Implications for Wales

We are in conversations with the Welsh LGA about how the Code of Practice may be adopted by Welsh local authorities.

Financial Implications

None.

Next steps

Members are asked to note this update, with any further developments being reported to the Board at future meetings. Lead members on the Board will continue to be kept updated between meetings where relevant.