IICSA Residential Schools Investigation Update - October 2020

• Published date: 19 October 2020
• Subject Matter: Consumer Protection, Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Education, Trials & Appeals & Compensation, Personal Injury, Operational Impacts and Strategy
• Law Firm: Veale Wasbrough Vizards
• Author: Ms Natalie Wargent

Following the coronavirus (COVID-19) outbreak, the Inquiry postponed the final hearing of Phase 2 of the Residential Schools Investigation which was originally due to be held between 11-22 May. This has been re-scheduled and will now take place virtually between 16 and 27 November.

The witness evidence gathering stage is largely complete and the Inquiry is now in the process of making arrangements for the final hearing. As part of this process, the Inquiry will publish witness evidence proposals to core participants who will be called to give evidence remotely on specific themes. The Inquiry will thereafter publish its final witness list and timetable a week before the commencement of the final hearing.

Common Themes and Recommendations from Other IICSA Investigations

The Inquiry has confirmed that its report into Phase 1 and Phase 2 will not be available until early 2021. However, since our update in February it has published reports into other strands of its investigation, including The Anglican Church earlier this month.

While this investigation does not focus on residential schools, the report identified a number of themes which are likely to feed into those being considered by the Inquiry in Phases 1 and 2:

• Governance - a lack of effective leadership and accountability when coupled with structural and policy deficiencies led to disclosure of abuse being handled inadequately, or a failure to refer allegations (when raised) to statutory authorities.
• Safeguarding culture - deference to the authority of the Church or individual clergy and a lack of child protection resourcing created an environment where abuse could take place and presented barriers to disclosure of abuse by victims. The report also found that reputation was often prioritised over safeguarding obligations.
• Communication and external agencies - a failure in communication between the Church in Wales and the police and social services department in Wales. In addition to this, there were no clear information sharing protocols between the Church of England and the Church in Wales in relation to safeguarding matters, or where clergy moved between the Church of England and the Church in Wales.

The Inquiry made a number of recommendations arising out of this which in addition to those set out in its published reports on The Internet (March 2020) and Accountability and Reparations for Victims and Survivors of Abuse (September 2020) are relevant to all organisations involved in the education...