This page will be updated
irregularly. It contains comments, which are not intended necessarily to
represent the views of ACAL, but rather a springboard for debate amongst
interested parties. Please feel free to contact
us if you have any
comments
17th August 1999
"How the Police Trawl the
innocent" by Richard Webster appeared in the New Statesman on 19th July 1999.
It claims - in common with many articles by Mr. Webster that the Police's
attitude to investigations of children home child abuse has produced a travesty
of justice, a lot of false allegations by people whose prime motivation is
money and the wrongful conviction of innocent care workers. It would be prudent
for the writer not to comment but to encourage you to make up your own mind on
the subject - surf the site above by searching for the readers letters of
comment - search for " Richard Webster" using the search engine and
read for yourself - it seems that the opinions of Mr Webster are not
universally held.
11th August 1999
"Caution over
"solicited" abuse claims" writes Nigel Bunyan in the Daily
Telegraph today. Judge Crabtree at York Crown Court warned the jury that some
complaints of abuse were untrue particularly because of the way the Police had
investigated the large scale enquiry. The police had sought out the victims
rather than responding to complaints. A man called "Fawcett" was
being accused of abusing girls at a home in York (the writer presumes). The
article makes fairly alarming reading from a Plaintiff based organisation like
ACAL - read the article for yourself. Click Here.
Old News but interesting
none the less - The Guardian reports:-
Soccer Manager held in child abuse inquiry
By Sarah Hall
Thursday June 17, 1999
The manager of Southampton
football club, David Jones, has been arrested by police in connection with a
criminal investigation into allegations of child abuse...............
Last night, the Premiership
club coach, who trained as a social worker in the mid-1980s after a knee injury
ended his career as a professional footballer, said it related to an alleged
incident which took place 12 years ago when he was employed on Merseyside as a
care worker.
He refused to elaborate on
the nature of the allegations, or to say where they took place. But, around the
time, he is believed to have worked at St George's, a residential school run by
the then Catholic Social Services, in Freshfield. He is also believed to have
worked in a children's home in Southport."
31st July 1999
Government statistics just
released state that sex crimes are more likely to be committed by 14 year old
boys than by any other age group. The numbers come from the Home Office
Cautions and Court proceedings database. This information was published in the
Evening Standard on 30th July 1999.
30th July 1999
- The Church is being told to welcome sex
offenders, according to an article in the Times today . "CHURCHES
have a "duty" to welcome sex offenders into their midst,
according to a Church of England report published yesterday. "Congregations
can be one of the few places where sex offenders can mix with a welcoming
community," says the report, Meeting the Challenge, which
offers guidelines on how churches should respond to sex offenders"
- Also the courts have sentenced Michael John
Carroll to 10 years imprisonment for child abuse at children's homes in
London and Merseyside today. Earlier this month he pleaded guilty to 35
sample charges including 24 Indecent Assaults, 5 Attempted Buggery, 5
Buggery and one act of indecency against 12 boys, some as young as 8 years
old. Interestingly, he was an orphan who was in care himself. He attended
Nazareth House in Birkenhead and then St. Edmunds Orphanage in Bebington,
Wirral. In mitigation he alleged a cruel regime including beatings by the
nuns and abuse by older boys. Compensation claims are almost inevitable. Abney Garsden McDonald have already received some
instructions to act
29th July 1999
The government announce
that they will introduce legislation to make it a criminal offence for a
convicted paedophile to apply for any position which involves working with
children punishable by fine or imprisonment.
25th July 1999
It is reasonably old news
to announce that the ISP Demon Internet has been found responsible at civil law
for allowing to be published child pornography within its Web Servers even
though there was fundamental evidence that they were totally ignorant of the
information. This imposes quite onerous responsibility on ISP's (Internet
Service Providers). The writer of this article recalls that the case may have
been in Defamation.
10th July 1999
Cherie Blair Q.C. was in
the news again because she is asking for a review of the taxation of her fees
on legal aid concerning representation of an individual in a commercial
case. The Times reported that, whilst her husband was trying to cut public
expenditure, she was trying to increase it by appealing her fee allowance.
There was also a report from the Supreme Court Office in London which pointed
out how rare it was to appeal such a decision.
It is not widely known that
Cherie Blair QC has been briefed by the Defendant Liverpool City Council in
relation to Greystone Heath and Dyson Hall Children's home cases in the North
West. It is surely newsworthy that the Prime Minister's wife is on the side of
the Council who employed numerous convicted abusing care workers.
9th July 1999
The Stipendiary Magistrate
in Manchester today made an order under the Sex Offenders legislation, banning
a convicted sex offender called Jones, who had been released after a sentence,
from making any contact with children, amongst other orders. The Legislation
allows a court to make an order against a known sex offender who is a danger to
the public and particularly young children. The police had been keeping Jones
under surveillance. They had found condoms on him and pornographic material at
his residence. He was showing the same behavioural tendencies as when he
offended. He has 16 previous convictions for sex offences against him dating
back to 1967. This is one of the first examples of the legislation being used.
GMP is to be applauded for taking the initiative. It is unusual for the Police
to be able to take an offender to court before he has committed a crime.
17th June 1999
The Barret v. Enfield
Borough Council House of Lords judgment was finally handed down at 3pm
today. A claim by a person who had spent most of his childhood in local
authority care that, by virtue of the authority's negligence in failing, inter
alia, to place him for adoption, to place him in suitable foster homes and to
handle the reintroduction to his mother, he had suffered psychiatric injury in
adult life did not give rise to issues which were so obviously non-justiciable
as to be struck out without investigation of the facts alleged.. It is
reported in full on the House of Lords Web Site - for a full version Click here. The decision is good news particularly for claims against the local
authority in respect of foster care placements. It follows the European case of
Osman by confirming that there is no blanket immunity from negligence for those
who care for children.
13th June 1999
On Wednesday 10th
June at the Manchester Business School the Charity Abuse Watch held its
AGM. Set up in November 1997 to co-ordinate the efforts of pressure groups all
around the country it is a lobbying and information collecting charity, which
has been instrumental in changing the law already. It influenced the introduction
of the Sex Offenders Register and the law, which allows the British courts to
prosecute sex offences committed outside the country. A meeting in the Houses
of Commons is planned soon. Peter Garsden is the Secretary and one of the
founder members of the Charity
About 200 survivors of abuse
in Southern Ireland attended a meeting at the United Servicesmens Club in
Birmingham. Mr. Coleman of Lavelle Coleman Dublin, the co-ordinating
solicitors, opened the meeting. Next was Mr. McGraw, Senior Counsel who
outlined the three aspects of the case :-
- The Commission - the Irish Government has announced that it
will hold a commission, which will hear evidence upon the child abuse
problem in Schools, Care Homes, and other institutions in Southern
Ireland. It will consist of a Justice (already appointed), someone
qualified in psychology, and another. It is taking submissions at the
moment as to its terms of reference - interested parties are advised to
write to the Irish government. It will hear the victim's stories and
cross-examination will be prohibited - it will be non - adversarial. It
will be set up in September. Mr. McGraw encouraged the survivors to group
together and make representations.
- The Criminal Prosecutions - in one school alone there
are 40 Brothers under investigation. The question of whether the survivors
are entitled to a representative in addition to the Crown Prosecutor has
been raised apparently.
- The Civil Claims - very similar to the process
in England.
- The proceedings will be issued in Southern
Ireland as opposed to England as the Charities (Christian Brothers, &
Sisters of Mercy) are based in Southern Ireland.
- The English survivors (10,000 Irish people
emigrated to England after leaving care apparently - we estimate that
there are about 1000 survivors) will be represented by English Solicitors
as agents for the Irish solicitors. Lavelle Coleman had already involved
Irwin Mitchell in London, Birmingham, Leeds, and Sheffield, and Smith
Llewelyn of Swansea before they approached ACAL. Peter Garsden is now representing ACAL. The three firms have formed
a Steering Committee. Peter Garsden will be farming out cases to
ACAL members who want to take them on. Both Irwin Mitchell and Smith
Llewelyn are being encouraged to join ACAL.
- Unfortunately there is no Civil Legal Aid in
Eire, The solicitors seem to work on a combination of a percentage of the
damages and hourly rates. Proportionality comes in - it is unusual for
more than 10% - stretching to 20% in exceptional cases, to be awarded in
costs. We therefore have to work on a "no win no fee" basis. The
way in which the costs are to be split is still under discussion. Cash
flow therefore has to be considered.
- We will be preparing the cases and sending the
evidence over to Ireland for issue of proceedings and processing
- Limitation - the Irish government have announced that it
will be amending the law of Limitation for the victims of child sexual
abuse. so as to allow any claim to be made notwithstanding its age.
Effectively this will that there will be no Limitation rule for the
victims of childhood sexual abuse There is a Bill already going through
their Parliament even though the announcement was only made on 11th May
1999. They are intending, apparently to include claims of sexual abuse and
not physical abuse. There is some lobbying going on to change this and
include physical abuse. We must await developments. Peter Garsden on behalf of ACAL is intending to lobby the
English Government for similar amendments to be made to English Law.
David Glasgow a renowned psychologist from England
then addressed the meeting upon the effects of abuse. He was followed by Mick
Waters of Coventry who is in charge of the Survivors group in this country.
He gave an emotive speech about the problem and his experiences. He roused the
survivors to go forward together as a group. There was then a break for lunch.
After lunch many survivors got up and told their personal and painful stories
to the assembled company. The effect was a highly charged emotive atmosphere. A
group from Lavelle Coleman was at the back taking details of claimants who
wished to come forward. It was a very worthwhile but emotional day.
The Irish Case
In partnership with Irwin
Mitchell of Leeds, Birmingham, and London, and Smith Llewelyn of Swansea, Abney Garsden McDonald, on behalf of the Association of Child Abuse Lawyers will
be handling the Irish claims against various homes in Southern Ireland, most of
which were run by various religious orders. On Saturday 5th June
1999 at the Birmingham United Services Club, Gough Street, Birmingham there
will be a conference on "Institutional Child Abuse in Ireland",
addressed by various professional speakers including Irish Counsel, David
Glasgow, Psychologist, and others. Victims and their families are invited and
expected to attend. Many attendees from the homes emigrated to this country and
America from Ireland, when they left the Care Homes (known as Industrial
schools). For further details contact Peter Garsden, or the Irish solicitors
co-ordinating the action Lavelle Coleman 51/52 Fitzwilliam
Square, Dublin 2, Ireland Tel 003531 66189826 Email info@lavelco.ic
The Irish government have
announced that they are going to abolish the Limitation rule for child abuse
victims, together with proposals for a special tribunal to assess compensation
similar to the CICA. Irish solicitors in Dublin are talking to ACAL in order to
set up information networks for potential victims in England. There are
apparently thousands of potential claimants in England.
This follows immense
pressure being put upon the Irish government following horrendous
investigations into child abuse compensation claims in Eire. More details to
follow.
16 th May 1999
On Tuesday 18th
May Abney Garsden Mcdonald, Cheadle, as co-ordinating solicitors will
issue new proceedings, " Woolfe Style", on behalf of 14 Victims of
Child Abuse (All Male) who attended St. Gabriels Convent (aka Knolle
Park Children's Home) in the 70's and 80's, most of whom are the victims of
Andrew Christian who is currently doing 11 years at Her Majesty's pleasure.
1st May 1999
At a meeting yesterday at
Pannones, Manchester, Richard Scorer gave an excellent talk upon the influence
of the Woolf reforms upon Child Abuse work in the areas of
proportionality, discovery, experts, costs, etc. We are hoping to publish an
article in the next newsletter, which will be out by the end of May. A small
number also discussed the use of the database, recent cases, homes around the
country being investigated, the emotional influence of the work upon
practitioners, and the need for training
26th April 1999
I month to go until the cut
- off date in the North West Child Abuse cases, which include the following
Children's Homes
- Greystone Heath, Warrington
- Dyson Hall, Liverpool
- Danesford, Congleton
- St.Vincent's, Formby
- St. Aidan's, Widnes
Mr. Justice Douglas Brown
ordered on 16th December 1998 that any Plaintiff wanting to join the
North West Child Abuse Cases group must issue proceedings in the special format
allowed by the order - without Medical Reports or a Schedule of Special Damages
- before the end of May 1999. The last day of court business is 28th
May 1999. Most of the other documents (Medical Reports etc.) must be served
before 30th September 1999. It is essential that any stray
Plaintiffs act immediately. The nominated Legal Aid
Board area office is Manchester.
22nd April 1999
See a reproduction of
Billhar Singh's Talk on how to deal properly with the victim of abuse as a
solicitor, without becoming too involved, and thus ruining the power of
proper legal representation, which Bill gave at the Cambridge conference on 19th
March 1999. An essential read for any solicitor acting for a child abuse
victim. The talk received an excellent reception at the conference. Click here to read it.
17th April 1999
- We are running a series of five training programmes
from November 1999 to May 2000 with the assistance of Madingley Hall of
Continuing education in Cambridge in Bristol, Birmingham, and Cambridge
- Howell's Solicitors, Sheffield, have asked for a
one day training course in house on " disclosure, statement taking,
and experts" in June. This will entitle them to CPD Hours.
- The Derwent Initiative on Newcastle has agreed
to finance a 2 day course on "Litigation acting for the Adult
Survivor of Child Sexual Abuse. It will take place on 2nd &
3rd June 1999 in Newcastle.
If
you are interested in the above contact us.
15th April 1999
- House of Lords reject the proposal to change to
the law, so as to lower the age of consent to 16 for Homosexuals.
Does this have any relevance in the field of child abuse?
- In their recent edition of "Focus" the
Legal Aid Board encourage solicitors to continue to apply for a
Personal Injury Franchise because the Lord Chancellor
is intending to retain Legal Aid for various types of case including cases
with high investigative costs like Child Abuse cases. Good news for
the organisation and a triumph for the lobbying that ACAL have done on
your behalf.
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