IICSA Residential Schools Update - Phase 2 - February 2020
The first preliminary hearing for Phase 2 of the Residential Schools Investigation took place on 14 January 2020.
Organisations may recall that Phase 1 of the Residential Schools Investigation concluded on 11 October 2019 and concentrated on closed schools, music schools and residential special schools.
The Inquiry has confirmed that it will not publish a separate report into Phase 1 and instead plans to publish one report into both Phase 1 and Phase 2 in early 2021. However, transcripts, information and resources in relation to Phase 1 are readily accessible on the Inquiry's website.
Phase 2 remains a thematic investigation and will include:
- Safeguarding culture - what makes a bad safeguarding culture and how creating an open safeguarding culture can affect an organisation's ability to identify certain patterns of behaviour earlier and manage this effectively.
- Governance - what meaningful oversight looks like and the effect of absence of process and control on safeguarding cultures.
- Guidance and training - organisations' ability to train staff effectively so that they are able to report concerns effectively and whether the current guidance on dealing with allegations (including peer on peer abuse) is fit for purpose.
- Whistleblowing and reporting - whether allegations of abuse were dealt with satisfactorily by individual organisations and reported to relevant statutory authorities.
- Safer recruitment the efficacy of the current system, including consideration of the definition of "regulated activities".
The Inquiry has confirmed that the scope will extend to Wales and that it will seek evidence from the Welsh Government, the Care Inspectorate and Estyn, along with the Children's Commissioner of Wales.
For more information please see the transcript for the Phase 2 preliminary hearing.
What Does This Mean for My Organisation?
Whilst the focus of the Residential Schools Investigation is on schools, it is likely to have wider implications for all organisations who have dealings with children.
The Inquiry is taking a different stance to Phase 1 and is particularly interested in an organisation's ability to reflect on incidents and allegations of child sexual abuse (CSA) and bring about improvements as a result.
Organisations may recall that the Inquiry heard evidence from Marcus Erooga, Independent Safeguarding and CSA Consultant, in Phase 1 who produced a report on CSA in school settings and beyond, including the concept of the "slippery slope" of offending. The report explores the nature, scale of characteristics of CSA and the profile of adult and organisational sex offenders. While the report identifies cultures that allow typical grooming behaviours to take place, it also concludes that positive organisational factors are key in helping create safeguarding aware cultures to combat abuse.
As the Inquiry has confirmed that it will be considering these issues in Phase 2 through this lens it is recommended reading for all organisations who have dealings with children. A link to the report can be found here.
The preliminary hearing has confirmed that it will consider calls for mandatory reporting of CSA or allegations of CSA (including the "low-level" or "neutral reporting" policies and systems supported by Marcus Erooga) and whether there is a need for criminal sanctions for failure to report CSA or deliberately concealing this.
The Inquiry also confirmed that it will seek written evidence from Delyth Lynch who produced research in 2018 regarding good practice in boarding schools. It is therefore likely that the Inquiry will seek to make recommendations which are of relevance, not only to boarding schools but also to all organisations that provide residential or overnight accommodation to children.
Forthcoming Public Hearing Dates of Note
- 16 - 27 March 2020 - Child Protection in Religious Organisations and Settings
- 20 April - 1 May 2020 - Child Sexual Exploitation by Organised Networks
- 11 - 22 May 2020 - Residential Schools Phase Two
- 29 June - 10 July and 20 - 31 July 2020 - Lambeth Council
All public hearings are streamed ‘live’ (subject to a three minute delay) on the Inquiry’s YouTube channel and website. The transcripts are made available on the website a few hours after the end of each hearing day.