The Scottish Child Abuse Inquiry was established in October 2015 to inquire into cases of abuse of children in care in Scotland. It was to report and make recommendations within four years by 2019. But this deadline was later changed to "as soon as reasonably practicable". Concerns have been raised about mounting costs and delays in the Inquiry. Six years after the start of the on-going Inquiry and long after the original deadline, Lady Smith released a report which was critical of the previous Scottish Government for the 'woeful and avoidable' delay in setting up the Inquiry.
As of September 2023, after nearly 8 years of the Inquiry running Lady Smith has published zero recommendations to improve the lives of children in care. Victims have called for new laws of Mandatory Reporting to be implemented in Scotland. This is a legal requirement for those who work with children or in law enforcement to report child sexual abuse which is law in most other countries in the world. The Scottish Child Abuse Inquiry has given no indication if they will support this law reform.
Many criticisms have been made against the Scottish Child Abuse Inquiry. One of the more concerning criticisms is documented in a book by John Halley, former Counsel to the Scottish Child Abuse Inquiry. Halley's book 'A Judicial Monstering: Child Sex Abuse Cover Up And Corruption In Scotland' documents his experience of the removal of the first panel by seconded civil servants working for the Inquiry and the Scottish Government. This panel consisted of Susan O'Brien KC, Professor Michael Lamb and Glenn Houston with John Halley as Counsel. Halley outlines how he was hounded to resign by the new Chair Lady Smith even when being diagnosed and treated for cancer. Halley brought a disability discrimination claim against Lady Smith and various legal claims which have been marred with conflict of interest and corruption allegations against the Scottish legal world. Halley if he had remained in his position would have continued to push for the investigation of child abuse allegations against senior legal establishment including Lord Hardie. To this date the new Chair has refused to investigate the allegations despite it being within the terms of reference.
Inquiry Team
Retired judge Lady Smith was appointed as chairwoman of the inquiry in July 2016. She is supported by a Secretariat ream, a legal team and Legal Council.
Prior to the appointment of Lady Smith, the Inquiry had a chair, Susan O'Brien QC, and two panel members, Michael Lamb and Glen Houston. Mr Lamb resigned because of the Scottish Government continued interference.
The media contact for the Scottish Child Abuse Inquiry is being managed by a PR firm called 3x1 Public Relations at a cost unknown.
The solicitor to the Scottish Child Abuse Inquiry is Andrea Summers who was previously solicitor to the Penrose Inquiry which was significantly delayed running for six years and branded by the victims to be a "total whitewash".. Summers has been on secondment from the Scottish Government to consecutive Public Inquiries since the Penrose Inquiry in 2008. Jill Lavelle was given the Deputy Solicitor to the Scottish Child Abuse Inquiry position after also holding a legal position in the 'whitewash' Penrose Inquiry.
Phases of Inquiry
By 2022 the inquiry was on its seventh phase. These phases were: (1) Opening statements and timetable (2) Residential child care establishments run by Catholic Orders (3) Residential child care establishments run by non-religious and voluntary organisations (4) Residential child care establishments run by male religious orders within the Roman Catholic Church (5) Child migrants - Abuse of children whose departure from Scotland to countries such as Canada, Australia and New Zealand was part of the child migration programmes (6) Boarding Schools and (7) Foster Care Case Study.
The Inquiry investigated over 100 locations of over 50 residential care establishments for children where there were child abuse claims. Between 2018 and 2021 the Inquiry issued several reports including four case reports on care homes in Scotland.
In 2021 the Inquiry investigated several boarding schools for child abuse including some of Scotland's most famous private schools - Fettes College, Gordonstoun, Loretto, Merchiston Castle, Morrison's Academy (when it was a boarding school), Keil School and Queen Victoria School.
The Inquiry has not investigated the Crown Office and the prosecution of child abuse and has not indicated that the Crown Office will be investigated. The Inquiry has not investigated the success of the current redress scheme.