Children 1st welcomes the appointment of Susan O’Brien QC as chair of Scotland's inquiry into historic abuse of children in care
One of Scotland’s top QCs will chair the country’s public inquiry into historical abuse of children in care.
Susan O’Brien QC has previously represented abuse victims and took a test case on time bar in historic claims to the House of Lords in 2008.
Confirming O’Brien’s appointment in a statement to the Scottish Parliament, education secretary Angela Constance MSP also confirmed that in addition to children formally placed in care in institutions, the inquiry will include allegations of abuse in foster care, in long-term hospital care and in boarding schools.
The three-year time bar on civil actions will also be lifted, including compensation claims for damages in cases of historical abuse that took place after 1964 – the cut-off under the Prescription and Limitation (Scotland) Act 1984.
“Reaching a decision on the exact scope of the inquiry has been challenging, given the wide range of views, even among survivors,” Constance said. “The remit cannot be so wide that survivors lose hope of the inquiry ever reaching clear, specific conclusions. I am mindful of the urgency of this last issue, given the age and health of some of the leading campaigners.
The inquiry panel will try to identify any lessons from past failures which will help to keep our children safe in the future
Susan O'Brien
“The inquiry will examine any instance where a child was abused in care, at institutions including residential care provided by faith based organisations, children’s homes and secure care. The scope will also include those placed in foster care.
“For the purposes of the inquiry the term in care will carry a broader interpretation beyond those formally placed in care by the state. It will include allegations of abuse affecting boarded out children, child migrant schemes, and school hostels and health care establishments providing long-term care for children.
“Furthermore, I have also decided that independent boarding schools must be included. While parents were responsible for the residential placement of children in these institutions, I am of the view the state also had a responsibility to ensure a standard of care.”
The Scottish Government also announced a new £14.5 million support fund for survivors of abuse who were placed in care by the state. It will ensure there is dedicated support available.
The announcements have been welcomed by Children 1st chief executive Alison Todd, who said she hoped it would make people aware of the lifelong impact of child sexual abuse and give them a better understanding of how they can help and support children and families who have suffered.
She added: “We hope the inquiry will provide an opportunity to understand and recognise the extent of historic abuse for children in care in Scotland and the impact it has had on their lives.
“This is about listening to people who were failed as children, acknowledging what happened to them and learning from the past to make things better for children in the future.
“Speaking out about abuse – past or present – can be incredibly difficult for children and families. They must be fully supported and provided with access to high-quality care and recovery services and it’s heartening to see mention of support services within the announcement.
“We hope that the recommendations will help strengthen and improve our existing child protection system and that the lessons learned will ensure that we never see systemic failings on the same level again.”
O’Brien, currently a governor of Heriot-Watt University, has been in practice as a QC since 1998, and was a solicitor for six years before she was called to the Bar in 1987.
She has been an employment judge for 15 years, and was the chair of a panel which investigated the death of 11-week-old baby Caleb Ness in 2003, and resulted in the reorganisation of Edinburgh's social work department and reviews of child protection practices by other agencies.
In the 1980s she was on a steering committee which set up the Scottish Child Law Centre in Glasgow, and in the 1990s she served on the board of Lothian Family Mediation.
She has undertaken to start work on 1 July and to establish the inquiry by October 1.
Details of hearing dates will be made public, and an inquiry website will keep interested parties informed of progress.
“I appreciate that no one can provide full justice for any victim of abuse in childhood, but the Scottish Government is anxious to enable victims to tell us what happened to them and the impact it had on their lives,” O’Brien said.
“The inquiry panel will try to identify any lessons from past failures which will help to keep our children safe in the future.”
