Monday 6 February 2017

Child Abuse Northumbria Police Area 1960-2003 (2)


I now turn to the Memorandum from Northumbria Police to the Home Affairs Committee in 2002.



Part 3



MEMORANDUM 44

Submitted by Chris Machell, Detective Chief Superintendent, Northumbria Police (CA 188)

 “Operation Rose, an enquiry conducted by Northumbria Police into allegations of Historic Sexual and Physical Child Abuse within care homes throughout the North East of England, began in 1997.

  The investigation commenced after a woman in her twenties disclosed to a Social Worker, that she and a friend had both been subjected to Sexual and Physical abuse whilst they were residents in a Newcastle upon Tyne care home.

(It has not been established if this is the same young woman whose experience is described by Tim Tate in his book Slave Girl and who was subsequently trafficked to Holland. I did have communication and received information about a young woman in strictest confidence from someone who lived in Sunderland 1997-2002 and who was in contact with a London based special police unit and who assisted Sunderland former Children, and who also investigated a high-profile Newcastle based paedophile ring about which she had contacted me.  She was also in contact with the Sunderland Echo, The Newcastle Journal and Evening Chronicle and the regional Sunday Sun and Northern Echo which had focussed on related issues over the decade. The Shields Gazette also did so to a more limited extent as did BBC Look North and ITV Tyne Tees News).

  “After a multi-agency meeting between Police, Newcastle Social Services and the NSPCC, officers set out to fully investigate the claims. Initial enquiries revealed that six victims were alleging abuse by eight suspects who had been employed in a total of seven Care Homes within four Local Authority areas. Some of these allegations dated back to the 1960s. The investigation rapidly expanded to 10 victims and 20 Children's Homes. “

 (Following my contact with the Secretary of State in 1997 and the appointment of a link officer at the Department of Health, Sunderland Council agreed an investigation conducted by the NSPCC and approval was given for me to make a written submission and to interview which is referred in the subsequent published report and which Sunderland Council has placed on line (following your request via whatdotheyknow.com)

“Following best practice established in other areas, Northumbria Police established that the only manageable way of developing the enquiry would be to seek information from a fixed proportion of residents in each of the Care Homes. “

(This was the situation in relation to the North Wales and the Waterhouse Inquiry and means that Waterhouse and Macur inquiries did not investigate why 69 children from Newcastle who were placed in the homes of the now twice convicted and imprisoned owner. There was also an unspecified number of children from Newcastle who were sent to the homes on short term Intermediate treatment.  Newcastle City Council undertook its own investigation why this happened and I am aware that police from North Wales visited Newcastle and checked on the position of children sent from the region. Convicted staff in relation to Wales and Calderdale for example had also worked in homes in the North East. Sometimes there was a follow up, sometimes this happened later, sometimes it did not. At a branch meeting of the Association of Directors of Social Services in the North East the Director of Social Services for Newcastle recommended the placement of children in the Bryn Alyn homes mentioning the hospitality received on a visit and which was available It is known that at least one London Director of Social services also placed children Bryn Alyn Homes.)

“Without revealing the nature of their investigations, the enquiry team wrote to 10 per cent of former residents, informing them that an enquiry had commenced into a Home at which they were once resident, and asking them if they had any information which might help. One third of the recipients replied either saying they had information or stating that they did not wish the police to contact them.

 “The courts subsequently upheld the process, accepting that the letter simply sought information and did not make suggestions to the recipients. No complaints of malpractice were received and no allegations of collusion between victims has been upheld. “

(At my meetings with representatives of former children in care of Sunderland Council in 1997 it was made clear that some of group did not want to have contact with the police and therefore I recommended to the Secretary of State that the wishes of those who did not want their experiences to be reported to the police should be respected. Unfortunately, the NSPCC made a blunder which had distressing consequences in that the NSPCC secretary sent to one survivor a copy of all the statements of all the survivors intended for Northumbria Police and before the mistake was discovered these statements were copied and circulated between members of the group and I was advised this had happened. I therefore had no alternative but to advise the appropriate authorities, and subsequently advised the survivors and their lawyers of my action. My understanding is that the statements were copied for the survivors by the Sunderland branch of the union NALGO and not by the Sunderland Echo).

(I had only limited direct involvement in the Operation Rose inquiry following contact from South Tyneside Council for information in relation to one victim who had been for a time in a home managed by the local authority)

 “In 1998, the enquiry was broadened to include renewed allegations concerning Carers working at Witherwack House, Sunderland, which had been subject to an earlier investigation in 1992.”  (1992 is not correct as I met with Commander Holder and Detective Chief Inspector Wilson in 1991 and attended a joint meeting between Northumbria police and the Department of Health shortly afterwards, setting up a unit of social workers at a secret location, securing documentation and who worked alongside the investigating Northumbria Police officers providing them with whatever documentation was required).

  “Six people were found guilty of a variety of charges and sentenced to a total of 20 years’ imprisonment, including one 12-month sentence suspended for two years. Three suspected died prior to trial. Several cases were halted because the judiciary deemed that the length of time taken for the cases to reach court breached Article 6 of the Human Rights Act, which requires a hearing within a reasonable time.”

(I can provide a copy of the press report in which the Trial judge provided several reasons why the prosecutions could not proceed which included the death of one of the accused, the number of previous investigations, the destruction of staff records at Witherwack House when the home was demolished and evidence contamination)

(In launching the nationwide police investigations and reinvestigations in 2014 and in setting up the original and subsequent Statutory Inquiry for England and Wales the Government has repeatedly made it clear that that there is no time limit obstacle to police investigations and subsequent judicial proceedings if appropriate evidence is established.)

  “Many delays, however, occurred because of adjournments made at the request of defence lawyers and the courts themselves. One "fast track" case—which should have been heard in 96 days took 33 months to come to court, despite all necessary Police work being completed within the required deadlines. The final trial arising out of the Operation Rose investigation concluded in April 2002.”

  “All the agencies involved in the enquiry, including the Crown Prosecution Service and the counselling services provided for victims, have since reviewed the processes involved in the investigation. Some of the "Good Practice Pointers" have been summarised as requested and are attached to this letter.”

 “My views in relation to four of the five specific questions contained in the committee's press notice accord with those expressed by Mr Grange on behalf of ACPO. Question two is a matter for the CPS I believe.”

May 2002

Attachment

 Good Practice Recommendations Generated from Operation Rose

De-brief Meetings

  1.  *Early consultation, via the National Crime Faculty, with officers who have investigated similar allegations elsewhere.

  2.  *Involvement of Crown Prosecution Service from the outset

  3.  *Consider tape recording all victim’s interviews, not just children.

  4.  *Appointment of a team of prosecution barristers to handle all cases.

  5.  *Judicial processes to focus on speedy resolution of cases.

  6.  *Development of a national protocol for the recording of unused material.

  7.  *Social Services departments to consider retention of staff discipline records.

  8.  *Co-ordinated support for victims before, during and after enquiries.

  9.  *The "Abuse of Process" point inextricably linked to unused material. There must be greater awareness within all agencies of this issue and a review of their record keeping policies.

  10.  *Protocols like those with Social Services should be put in place with Health Professionals and counselling services for easier access to records “

In memorandum 2 to the Home Affairs Committee from the Association of Chief Constables there is also information from Northumbria Police but because of the importance of the submission and information included from some Police authorities from throughout England and Wales it is attached at the end of this writing.

I understand the continuing frustration of survivors such as Mr Clare at not getting the answers to questions about what happened to them as children and it is a matter of concern that that it will be years before some of the general questions about cover up by the state and other institutions will be answered. Survivors are motivated by a wide range of issues and these are included in the summary of response to the recent National Inquiry seminars on Accountability and Reparations.



“It is clear from the submissions that there is no “one size fits all”. There are a variety of outcomes that victims/survivors seek from the civil claims process. These include:



acknowledgment of the abuse having taken place;

acknowledgement of the harm done;

justice;

compensation;

access to counselling and therapeutic support;

an apology;

an independent and impartial investigation;

truth and accountability;

punishment of the abuser;

an admission of institutional failure;

a commitment to learning lessons;

changes to prevent recurrence;

vindication;

closure;

and a “day in court”.  Civil Justice System Issues Paper: A summary of the themes raised by respondents 28th November 2016. Library National Inquiry.



It is good that the National Inquiry is also having to cover matters already investigated by previous Inquiries with the most important the statement made by Secretary of State Franck Dobson in November 1998 in introducing the Government response to the Children’s Safeguarding review led by Sir William Utting, People Like Us 1997 In the forward, Command Paper 4105, Mr Dobson said



 “This wasn’t just a failure by care staff. The children have been failed by social service managers, councils, councillors, police, schools, neighbours, the Social Services Inspectorate, Government Departments, Ministers and Parliament. Some people from all these categories and institutions had worked hard to do a good job for these children but many did not. The whole system had failed. “He ended by adding “There can be no more excuses”



Part 4



I have explained to Mr Clare and others the overall nature of my involvement in relation to Sunderland Council where I became Director of Social Services in 1991 and resigned which took effect early in 1992, having been Director of Social Services at South Tyneside 1974-1990. I would have become a Director of Social Services in 1971 on the recommendation of the Home Office had I not already agreed a contract of employment with Cheshire County Council.) Within the terms of the Confidentiality agreement signed in 1992, the High Court Injunction and Order of 1993 and the raft of legal measures which restrict individual officers disclosing information without prior approval I can state the following



Prior to taking up my appointment at Sunderland I had been made aware that a serious matter had not been reported to the police but not the details of that matter. Other Directors of Social Services were present when this happened.

A couple of months after taking up the appointment I was contacted by the Sunderland Echo concerning several situations which included residential homes for children and a fax was sent in relation one matter at the Witherwack House establishment. I immediately advised the Department of Health and two of their officers investigated.  Following discussion with the Department of Health I could write to the Leader of the official opposition who had requested an independent investigation that based on the investigation undertaken there was no need for an independent investigation at that time. I had one subsequent meeting with the Leader of the official opposition at her request and I had further contact in 1997.

On return from a summer holiday in 1991 I received an unopened communication from the Editor of the Sunderland Echo and at a meeting with the Deputy Editor I was advised that the contents had been confirmed with my predecessor.

I initiated further investigation and as consequence of this investigation discovered that there were two sets of files and on seeing the contents of the unofficial files and given the circumstances at that time I contacted the local police commander (Northumbria Police Ted Holder) and he arranged for me to meet the senior member of the Criminal Investigations Department concerned with child protection matters- Detective Chief Inspector Dave Wilson.

An investigation was agreed, the local authority and the Department of Health was advised. The Department of Health immediately arranged a meeting with Northumbria police and I immediately put into effect the advice including subsequent written instruction from the Department of Health. I am aware that my successor also received written instruction from the Department of Health. I was provided with copies of these letters in 2002 by Sunderland Solicitors Richard Reed who led several legal firms in the Class Action. I have been advised all their documentation has been destroyed.

In 1993 two persons were convicted and one found not guilty in relation to those matters and which the Crown prosecution described as akin to torture and where as part of the authorised behaviour modification programme used at Witherwack (and other establishments managed by Sunderland Council) children in care had been required to physically assault other children. This is part of the court proceedings.  The impact on being involved in harming other children in care as a child should not be underestimated.

It is my understanding that a similar situation occurred at the Detention Medomsley County Durham, an establishment run by the former Home Office Prison department which has become the responsibility of the Department of Justice and where the national Inquiry has established an Investigation leading to a Hearing and opened an office at nearby Darlington and agreed a contract to provide victims with support. Durham Police and not Northumbria Police were responsible for the area in which Medomsley was located). I believe children were committed to Medomsley by courts from throughout the North and possibly from further away. Nearly1000 former children are reported to be involved in the police investigation. The Probation and After care service/agency was the main social work service involved.

It will be appreciated that as in Sunderland and other areas abuse was also physical, psychological and emotional and not sexual. It will be appreciated that beating children was commonplace in family as well as institutional homes until recently and there are many interests who would like to see physical punishment made lawful again.  While the statutory inquiry is focussed on child sexual abuse much of its work covers the prevention of all forms of abuse, the care and after care provided and questions of accountability and reparations apply to all forms of abuse.

During 1991 Sir Alan Levy and former Children’s Officer and Deputy Home Office and Department of Heath Chief Inspector/Social Services Adviser Barbara Kahan published their report on the behaviour modification practices which had been introduced into homes provided by Staffordshire County Council. These practices had been imported into social service department with the abolition of the Approved School Order in 1969 and attempted integration of approved schools into a new system of residential homes with education on the premises. The problem was that because staff at all levels lacked the training, experience and abilities to manage a behaviour modification programme, it was inevitable the results in some establishments would be horrendous. All social services authorities were asked to review care programmes and ensure that harming practices were ended. The communication was addressed to Chief Executives, Chief Legal Officers, Directors of Education and to Social Services Directors with requests to undertake a review and to stop any practices.  I was misled about past and ongoing practices by those undertaking the investigation except for the legal officer appointed to assist in the review.

The following information is in part already public knowledge. The then Vice Chairman of the Social Services Committee was reported to have held a meeting a one home where his wife was employed and told staff to ignore the instructions required by the Department of Health. He was reported to be canvassing councillors for my dismissal

The following has not been made public but is in the public interest particularly of victims. The information was relayed to the Secretary of State for Social Services and consideration was given to removing Child Care and protection function from the local authority. The then Chairman of the Personnel Sub Committee told me to my face he was seeking my sacking after the department had sacked a member of staff in a residential care home for children for hitting a child in care and his committee had reinstated the officer on appeal.

The following information has not been made public but was instrumental in the Secretary of State being recommended to remove the child care and protection functions from the Council

I had been asked by the Chairman of the Social Services to submit a report on the future of residential care for children to the Council and was then ordered not to make certain recommendations first by the Chairman of the Committee and then by the Chief Legal Officer of the Council. I advised the Department of Health and the Chief Executive and Chief Legal Officer of the Council were summoned to the regional office of the Department of Health and went away with “a suitcase of documentation”.

I was already in conflict with my employers over a separate matter which concerned residential homes for the elderly and where it is not appropriate to go into any details other than I took up the appointment assuming the local authority knew of my experience at neighbouring South Tyneside. On appointment as Director of Social Services designate for South Tyneside in 1973 I had been shocked about the state of the residential care homes for the Elderly in South Tyneside and the reception home for children and arranged for all members of the Social Services Committee and colleagues in other departments to visit. The Council immediately ordered their replacement and only control of capital funding by central government meant that it was five years before every one of these homes was replaced by purpose build homes for the elderly and the immediate substantial adaptation of another building to form a new assessment centre for children admitted into long term residential care. Admissions were reduced in advance to avoid the transfer of elderly residents between establishments and there was national and local evidence that to move residents between homes immediately adversely affected, including premature death. South Tyneside also agreed to the closure of its residential nursery but kept the establishment open, including fully staffed for the last child for six months until a suitable family home could be found.

 In 1992 after I resigned my position at Sunderland I had direct correspondence with a Secretary of State on the issue of closing Homes for the elderly following the publication of the Guardian article on the more general reasons why I resigned. I have never been against a wide range of public independent and private bodies providing care services and South Tyneside had been at forefront of financially and managerial assisting other bodies and agencies to provide accommodation and services for those subject to domestic violence, for drug misuse, for children leaving care and for children to be cared by those of the same religious belief. However, I and the Council were strongly opposed to insisting that services had to be placed to tender under the 1990 Community Care Act and on behalf of the Council had submitted four papers to the House of Commons Social Services Committee and I provided evidence at a public session of the Committee. At the meeting, I was in direct conflict with the Association of Directors of Social Services which fully supported privatization and it is noteworthy that none of those then involved participated in the recent letter to the Guardian and representations to Council leaders and members of Parliament at the decision to starve local authority of funding, particularly for vulnerable adults in need and of all ages.

Between 1971 when people with no experience or interest in child care and protection imposed generic management and generic social work practice on the Children’s Services, and 2006 when the division between adult and children’s services was made, Directors and their senior staff were responsible for services for the elderly, for those mental health and learning difficulties and for all forms of physical disabilities in addition to responsibilities of child care and protection. For the record, South Tyneside was one of the first authorities to create a children’s department within the structure of the social services department and in the 1992 Guardian article, I urged the formal management separation of children’s services from adults and in a regional news programme a mouthpiece for the Association of Directors of Social Services described my intervention as unhelpful.

The situation was reached when through the Chief Executive I offered my resignation as I believed it was in the future best interests of the social services provided by Sunderland Council to do so, and it was accepted. I have since debated if I could have been more effective if I had continued.  I also want to emphasise that for close on two decades I was part of a system which failed children in public care

I have continued to shy away from personal publicity about what happened at Sunderland 25 years ago, because what happened to me it is not important. What happened to children in care there, and all over the UK, is.

I was also aware that my resignation in 1992 was the beginning and not end my involvement and I advised several appropriate parties of issues within the constraints of an agreed confidentiality order. I agreed to a meeting with the District Auditor at his request in relation to several wider issues. I agreed to a formal and recorded interview with Northumbria Police and arising from what was disclosed to me, I followed this up with three further statements and a documentation Index. I was advised these were passed to the Prosecution Services. I also prepared a comprehensive report submitted to the Secretary of State and her officials for which I received written thanks early 1993 as being helpful in the continued monitoring of Sunderland Social Services.

I had two meetings at the request of a former Director of Social Services contracted by Sunderland Council to review the matters I had raised and raised by the Department of Health in the report of the Special Inspection, undertaken by Inspectors from outside the Northern Region. I then had a meeting at the home of the Municipal Editor of the Sunderland Echo who provided a copy of his draft report for me to read and we discussed the pressures he was under to restrict his recommendations to the present and the future. I had recommended that all the files of all the children placed at Witherwack House should be reviewed by social workers in the first instance and not just those of the three previous three to four years as well as several other matters in different child care homes.

This former Director of Social also did the first report in relation to Islington Council and five years later is reported to have told the Northern Echo in response to a query from the Leader of the Opposition of Sunderland Council that he had destroyed his documentation. After criminal proceedings in 1993 ended I alerted the Department of Health of the need to ensure that all matters had been appropriately investigated.

In 1997, as I subsequently found out, a local solicitor, now a district Judge brought representatives for group of former children, including Mr Clare to my home. They knocked on the door, an asked for my help. I believed what they said and promised to consider how best to help. At the second meeting I advised that I had written to the Secretary of State reminding of past concerns and suggested that in the first instance the complainants should be independently interviewed and the matters raised independently investigated. Those who wished should have their concerns referred to the police.

As already mentioned I wrote and met with the investigating NSPCC officers and advised appropriate interests of the potential for evidence contamination. It is important to emphasise that the individual statements had been independently prepared and were not subsequently changed, and that as reported to the Chris Mullin Sunderland South MP Home affairs Committee, Northumbria Police were satisfied there was no evidence of prior collusion. In the event the criminal trial did not take place and the victims were left without any meaningful justice

I also had written communication with the new Secretary of State following the 1997 General Election and arising from information expressed concerns to my ongoing Department of Heath contact who suggested in writing contacting the Commissioner for Local Government. I contacted the local authority about this and was advised in writing that my continued contact with former children was being reported to the Council Liability Insurers. I prepared a submission to the Solicitor General completed in 1998 and followed the written advice. I made a submission to Liberty and then prepared written information for the appointed pro bono lawyers. These lawyers in turn made application for Council Opinion pro bono to the Bar Council which was agreed and provided.  There was one meeting between the lawyers and Sunderland Council.

Northumbria Police visited at home for access to documentation in 1999 which I referred to the lawyers. I was provided with legal advice and access to restricted information by the lawyers and those representing the former children in the class action in 2002 in preparation for being called to give evidence in the event of the action going to trial. At the successful conclusion of the Class Action in 2003 I checked that all those who wanted matters referred to the police had been given opportunity and if there was further assistance required.

Sometime after this I was made aware that the Journalist Nick Davies had placed online the three articles on his 1997/8 investigation in national abuse in the UK and that an article which featured Whistleblowers was being re-blogged on social media as it continues to this day by Mr Clare and others.

 I commenced a once or twice a year Googling of my name which is a common one, including a local Taxi driver convicted of rape!

In the autumn of 2013, having previously had a meeting with another representative of former Sunderland Children in care in 2012 at his request, I Googled myself again and discovered the Cathy Fox site for the first time, together with whatdotheyknow.com. I spoke with the Information officer for Sunderland Council and in the light of what was said wrote to the Chief Executive. I also wrote to Information officers at the Department of Health and Education and was surprised at the ignorance of one department who appeared to have no knowledge of the existence let alone role of the former National Social Work Advisory Services/Social Services Inspectorate. The present Secretary at the Home Office has admitted to the Home Affairs Committee that his department were not aware of the role of the Home Office Children’s Department Inspectorate   and which included the Inspection of all forms of residential care homes, excluding the Approved Schools.

On January 2nd 2014 I met at Kings Cross station and spent several hours at the Parcel’s Office hostelry with two members of a group which Deputy Leader Tom Watson and an original member of the Prime Minister’s first Inquiry were associated.

I have little politically in common with the political party of the Prime Minister but her repeated demands for transparency about what has happened to children in public care or at the hands of those involved in public institutions is something I respect.

While I was away visiting relatives over Christmas and New Year I received information via Twitter from a third party that the Leader of Sunderland Council had visited the home of Mr Clare while on political party business, and is alleged to have said to him that the Council proposed to request the lifting of the High Court Order(s) in order that the truth of what happened could become public.  A copy of a subsequent invitation to Mr Clare for a Leader’s meeting was provided via Twitter.  I have written to the Leader and Chief of Sunderland Council advising of my willingness to continue to assist the Council if required. 


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