PE1979/QQ: Establish an independent inquiry and an independent national whistleblowing office to investigate concerns about the alleged mishandling of child safeguarding enquiries by public bodies
This submission provides background for new committee members and responds to the Scottish Government submission of 19 August 26.
Our petition’s key focus continues to be on securing independent investigation of allegations relating to the mishandling of child abuse concerns by public bodies through an independent national whistleblowing office (INWO) for education and children’s services.
We believe this will address the power imbalances involved, amplify the voice of survivors and whistleblowers, and limit the conflicts of interest and marking of one’s own homework that thrives at public body, multi-agency and national strategic group levels—including those referenced in the Scottish Government’s submission.
Ultimately, robust and independent investigation of the unresolved cases will establish the child safeguarding truth and the level of confidence we can have in our current systems and personnel—especially where alleged perpetrators are still working with children and young people. Petitioners have raised the limited investigation and legislative powers of existing bodies.
Survivors, families and carers, former and current staff and others across Scotland are amongst the voices informing the petition’s work. All have experienced a negative impact on their health, careers and lives in their raising of concerns. The allegations are diverse but cover all children and young people’s settings and include cases with relevance to serious and organised child abuse.
Petitioners were grateful for the previous committee’s cross-party support and the actions of other MSPs. We welcomed the decision to continue PE1979 as a legacy petition to be “rigorously pursued” by the new committee.
We have also welcomed Edinburgh Council’s letter of support. This followed a council motion and petitioners raising current child safeguarding concerns and an alleged mishandling with their Chief Executive.
We urge caution though on the reference to the “past” treatment of whistleblowers (and survivors) as it’s alleged this culture continues. We highlight too the need to better understand how all unresolved allegations of mishandling – past and present – potentially impact the current protection of children. As mishandling by other local authorities is alleged, we hope that COSLA will now recognise the concerns and support the petition.
Petitioners are again frustrated with this latest Scottish Government submission and the failure to address the petition’s calls. We’re also disappointed that the new Minister has not given these serious matters her direct attention.
We note the reference, “a lot has happened in recent months in relation to child protection in Scotland” but with the perspective that the activity has been more about words and announcements than the action and progress required. Meanwhile, there is yet more news of child safeguarding failures.
Petitioners continue to welcome any child safeguarding improvements that are not simply sticking plaster solutions and we commend the dedicated work of many hard- working professionals. However, we remain focussed on investigation, justice and accountability, rather than process, yet more lessons learned and recommendations and action plans that are never fully implemented.
Whilst there are issues to consider, petitioners have already indicated their support for mandatory reporting as best protects the child. However, in response to the political SNP manifesto reference, we simply note that this has yet to be delivered.
As in previous SG submissions, it’s stated that “all healthcare and educational professionals have a duty to report abuse” and in their February 25 submission, the consequences for failing to do so. This included disciplinary proceedings, claims for civil damages and being struck off for gross misconduct. We wish to know what led to the SG’s changed position and how they believe it will deter mishandling.
Petitioners have highlighted that the allegations include not only a failure to report but also a mishandling and cover up of the reported concerns by rogue professionals. Hence our focus on robust and independent investigation. We also feel that senior managers should be better held to account for their oversight role, rather than placing more pressure on frontline staff.
We are aware of Phase 11 of the Scottish Child Abuse Inquiry (SCAI) but as well- raised, our petition concerns a mishandling of child abuse across all children and young people’s settings.
We’ve also highlighted the existing gaps and in the course of the petition’s journey, survivors and whistleblowers have raised concerns with petitioners about the Inquiry. This includes the failure to include and support all voices, limited truth about the abuse, and what feels to be a lack of convictions or the level of justice and accountability they want to see.
Whilst we remain focussed on investigation of the mishandled child abuse cases through the ongoing and empowering space of an INWO that’s shaped by lived experience, we are acutely conscious of how difficult it has been for CSE survivors to be heard in Scotland.
Despite also the submission’s reference to The Truth Project and it being cited as “well-advanced” in recent media coverage, we are aware of survivors who still await any contact from them. Instead, related emails have been received from SG civil servants and, as in the case of SCAI, petitioners would raise this conflict of interest.
We welcome Professor Jay as the Inquiry’s independent chair and, at February’s Education Committee, her initial response to the suggestion of an INWO - “I can’t think it would be anything more than helpful to have that but I do not have the detail about the petition.” Petitioners would value a meeting with Professor Jay.
Petitioners wholeheartedly support greater accountability across public bodies. This lies at the root of the petition. However, as public bodies already have a duty of candour, with the failure to do so being gross misconduct, petitioners query what difference the Public Office (Accountability) Bill will make, especially as relates to child safeguarding.
Instead, petitioners highlight how amplifying the voice of survivors and whistleblowers through the robust and independent investigation of an INWO will best determine the level of justice and accountability required.
We call on the committee to use its powers to ensure speedier realisation of our petition’s calls. We’d also welcome an opportunity to speak to the committee.
ALL PETITION INFORMATION:
https://petitions.parliament.scot/petitions/PE1979
