Independent Jersey Care Inquiry (16) --- A 5 minute after thought?

I had hoped to post a blog soon after giving my evidence at the Hearing two weeks ago and to include a link to the transcript which is normally posted on the Jersey Independent Care Inquiry website soon after. Unfortunately due to unforeseen problems the transcript was only posted yesterday and there is no direct link to it. To read the transcript one has to click HERE then click onto Hearings, then click onto Transcripts and my evidence can be found on day 104 dated 22^nd October.

I believe that in April 2014 I was the first witness to be interviewed by the Inquiry lawyers who being from the UK understandably had little knowledge about how Jersey functioned.  My statement was lengthy and I provided considerable documents as supporting evidence. At the start of my Hearing the Inquiry lawyer Parick Sadd QC pointed out that my statement provided a landscape that the Inquiry has since been covering and it was my statement that provided a very useful introduction to the Inquiry as to those issues which the Inquiry was to investigate under its terms of reference.

It is now evident that some of the information I provided fell outside the Terms of Reference but it did provide useful background information. However although I had been used to giving evidence at times I felt it difficult to get into a train of thought as Patrick Sadd who is clearly a very competent QC jumped from one part of my statement to another. There was a reason, that being the need to seek clarification of some my evidence and for me to justify some of the claims I had made.

As an example I had claimed that whilst I could not say I was lied to by civil servants, I did feel at times that some were economical with the truth or just withheld information.  The issue of the Maguire case was an example and Mr Sadd sought clarification. In the Minutes of the meeting in May 1999 I was present when we were informed that possible criminal action was not being levelled against Mrs Maguire because it was not in the public interest. We were also told that Mr Maguire was suffering from cancer.

At that time Committee members were in complete ignorance of allegations of abuse in the Island’s care homes and naturally what the eye does not see the heart won’t grieve.  Mr Sadd then produced a document signed by the Attorney General’s Office dated November 1998 which said that the no further action was being taken because of lack of evidence.  It justified my concerns but I felt upset because had we been aware of the true facts of the Maguire’s background and of the abuse problems in the care homes, further abuse could have been prevented because action could have been taken at the time.

It is to be hoped that as a result of “lessons learnt” no abuse is inflicted in the first place and if it does, systems are now in place to quickly remedy the problem.

As my transcript shows I covered a wide range of issues including the role of the Centenier, Parish Hall Enquiries, the lack of an independent prosecution service and the issue of the Head of our prosecution service is also the Titular Head of our Honorary Police and legal advisor to the States.

We touched on Operation Rectangle and the involvement of former Police Chief Graham Power and his Deputy Lenny Harper. I had the opportunity to make it known that although we were aware of each other’s existence I could not recall ever having met Mr Harper in Jersey or in Lambeth where we had both served as police officers.

As for Mr Power although we had met during the eight years he had served as Police Chief our meetings were brief and he came across as a highly efficient and upright leader of the Island’s Police Force which had under his leadership become more professional and efficient.  My interest in his case was certainly not because he was a friend as I hardly knew him, but because it quickly became apparent that he had been “stitched up” and people were going to great lengths to hide the truth.

It is almost 7 years to the day t since Mr Power was suspended and effectively dismissed because he was kept suspended until his retirement 18 months later.  Many hours have been spent trying to get to the truth, however for the past two days Mr Power had his day in court and was able to give answers to the many questions which troubled some people.

I was present and Mr Power came across as a highly competent manager who played it by the book. He rightly saw the need for the States Police to be independent and free from political interference. However this did not find favour with senior States Members or senior executive officers.  He was not responsible for Mr Harper’s appointment but had made his Ministers aware that Mr Harper had a reputation as someone who rattled cages.  The Jersey Police had a corruption problem and it did not take long for Mr Harper to get stuck in and become unpopular

It would be fair to say that when Operation Rectangle was launched no one envisaged what would develop or that our senior States Members would be so ill equipped to handle the media circus that followed. Mr Power said that some mistakes were made but none that were serious. To be fair apart from the media frenzy, the excavation was warranted, not to do so would have left too many unanswered questions. Thankfully there were no bodies found, but ironically it is evident that because none were found, in some people’s eyes the excavation represents a failure. I am afraid it was a case of being damned if one dug and damned if one did not.

The time was quickly eaten up but much of Mr Power’s 65,000 word statement was untouched. At one time I just wondered where the Panel was going and why so much time was devoted to matters which Mr Power was not responsible for. His apparent mismanagement of Mr Harper was covered and it soon became evident that it was more about perception than fact.

Mr Power’s suspension was world news and a cruel and unjustified act as substantiated in the Napier Report. It was also as a result of poorly planned conspiracy which led to the ending of a distinguished career and a bill of around £2million in a futile attempt to justify it. Surprisingly and almost as after though the Panel addressed the matter in the last 5 minutes of the Hearing, why?

It is to be hoped that when those responsible for Mr Power’s suspension appear before the COI more than 5 minutes will be devoted to finding out why they took such drastic and unjustified action.

Independent Jersey Care Inquiry (11)----Jersey Social Services " Out on a Limb"

It has been a good week for supporters of the Committee of Inquiry (COI) and after weeks of hearing evidence from those abused, the COI is continuing to question those people who held positions of responsibility when the abuse and neglect was taking place. As each witness is questioned it is becoming abundantly clear that not only were some staff incompetent but they used their positions to cover up their incompetence and in so doing covered up allegations of abuse.

Whilst it has been disturbing listening to evidence from the abused it was also disturbing listening to the answers given by Anton Skinner who rose through the ranks to become the acting Chief Executive of the Health and Community Services. This blog will comment on some of his evidence and Marnie Baudains comments about Stuart Syvret.

What I found disturbing about Anton Skinner’s evidence was that he knew the Jersey Care system was working in total isolation and years behind UK good practice. Mr Skinner admitted that Haut de la Garenne was “a total situation of crisis” yet it remained open for years after the publication of the Lambert/Wilkinson Report, why and who was responsible?

The Lambert/Wilkinson 1981 Report highlighted the lack of training and of Child Care Officers in Jersey feeling "out on a limb from colleagues in the UK and working in isolation." However Mr Skinner said that if anyone wanted to attend courses in the UK money was not a problem but from what he went on to say there seemed to be no encouragement given to those who should have been attending courses not only for their own professional enhancement but to share the knowledge gained with their colleagues.

Mr Skinner held senior positions for a number of years so why did he allow the “out on a limb and working in isolation” to continue? I don’t know whether the Panel understood the isolation issue. It was not just that our Children’s Service was working in isolation from the UK but it was more serious than that, because it was working in isolation in Jersey whereby unlike in the UK where there was an inter agency approach, this was not the case in Jersey.

Each Department was working in silos and there was no sharing of information or joint case conferences held when problems arose with children and/or within the family. The welfare of a child with problems should have been paramount but from my experience a child with problems seemed to be an inconvenience. 

If Mr Skinner could not see the need for training himself then it not surprising that he failed to see the need for training for the lower ranks. It is also apparent that there was no appraisal system in place which would have identified the personnel’s strengths and weaknesses. That absence allowed for the incompetent to remain in office and worse still some getting promoted beyond their levels of competence.

When asked how he kept abreast of the fast moving changes in child care outside Jersey Mr Skinner said he read Care related magazines. It could be said that when it came to leadership in our Care system it was a case of the blind leading the blind. It was not that those in authority planned to fail, but they simply failed to plan because they were either out of their depth or blinkered.

Social justice is a long way down the list of most of those who can do some something about it. Guilt by association is still very much a way of life and I was amused by the former Head at Le Rocquier School complaining about having to accept 'grossly disturbed children' from Haut de la Garenne at his school inferring that it lowered its image.

I attended St Martin’s School for all of my 9 years education and during that time I sat alongside boys from Haut de la Garenne. At no time did I ever hear my former Head Teacher Mr Anthony or any of my fellow pupils complain. I would say that the boys' presence enhanced my education and I have a greater understanding of the difficulties young people in care have to endure. 

It was interesting to see that Mr Skinner had amended his original statement; no doubt some amendments were required following evidence given by some of his former colleagues. I thought his written apology was too little and too late and was more of an apology for his shortcomings than for the harm caused by his incompetence. It was not surprising that one of the abused felt the apology was insincere and an insult.

I noted with amusement that an officer who smacked the bottoms of two mischievous boys had the book thrown at him yet a blind eye approach was adopted when dealing with real abusers.

It was also interesting hearing why the Maguires were not prosecuted. To claim it was in the victim's best interest not to prosecute adds salt to the wounds. The prosecution would have highlighted the shortcomings of a Service that was leaderless, incompetent and in parts uncaring and probably that had more to do with the decision not to prosecute.

It should be noted that the Children’s Service was under the remit of the Education Department until 1995 when it was transferred to the Health Department. It is now evident that concerns about the Maguire’s were made known to the Health Committee soon after the transfer. However it was not until May 1999 that the Committee of the day was misled when being told that the Maguires were leaving because of poor health.

I was a member of the Committee and present at that meeting but was denied the full facts. The decision to deceive my colleagues was not just Mr Skinner's so it begs the question as to who else was part of the deception.

Having been a Member of the Health Committee for around 5 years I found Mr Skinner to be very pleasant but felt was too laid back to hold senior positions. Counsel for the COI Patrick Sadd had certainly done his homework and did a fine job in exposing Mr Skinner’s shortcomings. It is evident that the Panel was struggling to accept some of Mr Skinner’s answers and selective memory and from time to time sought clarification. The transcript of Mr Skinner’s lengthy time answering Mr Sadd’s searching questions are well worth reading and can be found on the COI’s website by clicking HERE.

Marnie Baudains had worked in the UK where she began her career in various child care and supervisory roles before taking up similar employment in Jersey in 1985. She retired as Directorate Manager of Social Services in 2011. She said that Stuart Syvret’s criticisms of services and individuals were erroneous and his actions increased the risk to those who required protection from abuse. It was not the content but the manner in which Stuart had raised the issues.

Methinks that Ms Baudains should be reminded that people in glass houses shouldn't throw stones. Whilst she was may not have been party to the abuse, she worked for Jersey Social Services for over 25 years and her eyes would not have closed for all that time, therefore she must accept responsibility for some of the failings that are now coming to light.

It is apparent that Stuart does not have a degree in diplomacy and often his message is lost because of his direct style. However evidence now coming to light is proving that his criticism was not erroneous and there is still more evidence to come.

Independent Jersey Care Inquiry (2) ---- A Breath of Fresh Air?

The Independent Jersey Care Inquiry kicked off yesterday which is some 3 years and 4 months after the States grudgingly gave approval to establishing one. It was not established at the behest of the Council of Ministers but as a result of stubborn prodding by a handful of "dissident" backbenchers and bloggers.

Although some attention will be given to the manner in which the police handled the abuse investigation. (Operation Rectangle), hopefully enough victims and witnesses will come forward to explain what really happened to them,  why were so many young people abused, why did the abuse go unreported and who was responsible?

The Inquiry Team has started with a blank piece of paper and over the past months members has been taking statements from a diverse number of witnesses. As reported in a blog published on 10th June I have been interviewed and my statement eventually contained 38 pages along with 30 supporting exhibits. 

Like many other witnesses I don't know whether I will be called to give oral evidence and feel in limbo, that is a view shared by other witnesses. I would like to take this opportunity of offering the Inquiry Team some constructive criticism; not only must it keep witnesses updated but it must provide answers to valid questions asked by a number of interested parties. Also it must ensure that its  Website which is a vital conduit is constantly updated.

Yesterday I attended the first Hearing in which the COI Chairman Frances Oldham again called for witnesses to come forward and making it abundantly clear that witnesses will be given time to give their statements and be under no pressure as a priority for the Inquiry team is the well being of those who recount, possibly for the first time, their experiences in childhood. Very importantly she added that COI will conduct its work independently of the States of Jersey, the Police, any other organisation or individual in Jersey.

There followed a lengthy, well researched, informative and very professional presentation by the Council to the Inquiry Patrick Sadd and Harriet Jerram of Outer Temple Chambers in London who outlined the many issues that the COI will encounter and set out details of Phase 1 of the Inquiry.

 
Patrick Sadd compared the way in which the UK legislation had evolved and had to be updated at regular intervals to safe guard the interests of the child rather than those in authority. He reported that a constant theme in most Inquiries had shown that problems had arisen because of poor management, lack of training and poor staffing arrangements.

When Mr Sadd outlined the Jersey legislation it was evident that for a very long time there had been little statutory legislation and when new laws were drafted they were often out dated by the time they were approved.  I will be most surprised if the COI does not find evidence of poor management, lack of training and staffing problems in our Jersey Homes.

I was pleased to hear that the way in which the Honorary Police deal with juveniles at Parish Hall Inquiries will not be ignored. From my experience it is evident that there is little consistency and often young people have been prosecuted when pre-court action would have been preferable.

                                   

Ms Jerram in her excellent presentation included a definition of abuse which covered every conceivable aspect of abuse.She also took the opportunity to ask again for anyone who has evidence to come forward and tell their story- including senior managers, police officers, support staff, doctors, teachers and anyone who had contact with children or young people. I can only echo that view and remind those who are hesitant that there will not be another opportunity so take it. If in doubt contact the Inquiry Team who will advise you as to the value of your information. Its website can be accessed HERE

Speaking with passion and empathy Allan Collins, on behalf of the Jersey Care Leavers' Association said that he was encouraged from what he had heard so far. The range of breadth of the Terms of Reference is demanding; many children in Jersey over many years were sexually and physically abused. That fact has to be grasped and accepted. The COI will have to examine the culture, practices and ethics of those entrusted with the care system in Jersey.

He added that many children in Haut du la Garenne were made to feel like second class citizens by sections of the public and begs the question why?  

I felt what was being said yesterday was a breath of fresh air whereby intelligent people had quickly learnt of the inadequacies and shortcomings of those tasked with the welfare of young people and witnesses would be produced to substantiate that view. 

These are early days and the rest of this week will be devoted to opening addresses from those people representing the public bodies. However I came away from yesterday's Hearing with a feeling that the COI is business like and thorough and will not weaken at the knees when encountering those who for far too long have been oblivious to the welfare of the young and vulnerable in Jersey.