Citizen Participation and Public Petitions Committee
Scottish Government submission of 05 November 2021
PE1905/A - Public Inquiry into the response of religious organisations to allegations of child sexual abuse since 1950
I refer to your correspondence dated 1 October 2021, which seeks an update on the position in respect of petition PE1905 by Angela Rosina Cousins.
Petition 1905 calls for “a public inquiry into the actions taken by religious organisations in response to child sexual abuse allegations since 1950.” The petitioner further clarifies their view that “[t]here needs to be an investigation into the response of religious organisations, who were informed about allegations of abuse against children who were not in care. I would like the inquiry to investigate how many victims and how many alleged abusers there were, and what these organisations did to protect the victims.”
The Scottish Child Abuse Inquiry (SCAI)
The Scottish Child Abuse Inquiry (SCAI) was established by the Scottish Government in October 2015 and is chaired by Lady Anne Smith. Its terms of reference explicitly state that the Inquiry was established to “investigate the nature and extent of abuse of children whilst in care in Scotland, during the relevant time frame”.
The current remit of the Inquiry was arrived at following extensive consultation and engagement with survivors. As a result, the Scottish Government broadened the definition of in-care settings within the remit to include, for example, foster care, and ensured that the Inquiry was able to consider not only sexual abuse but physical abuse, emotional abuse and neglect.
We recognise that there was not unanimity on the extent of the remit among survivors, and that some wished for the remit to be broadened. However, in a statement to Parliament on 16 November 2016, specifically addressing the scope of the remit of the Inquiry, the Deputy First Minister stated “[t]o set a remit which would in practice take many more years to conclude, we would be failing to respond to those survivors of in-care abuse who have taken us at our word – in government and in parliament – that we will learn from their experience and, by addressing the systematic failures that existed, ensure it can never happen again.” The Deputy First Minister also stated that he felt it was important that the Inquiry be “sufficiently focused to produce meaningful recommendations within a reasonable timescale” and that broadening the remit would lessen its ability to do so. The Scottish Government has no plans to reconsider the remit of the Scottish Child Abuse Inquiry.
The Inquiry operates independently from the Scottish Government, and it is a matter for the Chair to determine what establishments and organisations are called to give evidence to the Inquiry. A number of religious organisations have been called to give evidence already, and interim findings have been published in relation to those institutions. The Scottish Government will consider and address any future recommendations made by the Inquiry to improve legislation, policy and practice.
Mandatory Reporting
The petitioner refers to Mandatory Reporting in her submission to the Committee. Mandatory reporting of child abuse was previously considered under petition PE1551, and the Committee closed that petition in March 2019. The Scottish Government considers that there is not a compelling case for the introduction of mandatory reporting in Scotland and previous evidence has suggested that there could be some significant unintended consequences for wider child protection issues. There is general agreement in Scotland, that the Getting It Right for Every Child (GIRFEC) approach and the incorporation of United Nations Convention on the Rights of the Child (UNCRC) into Scots Law, takes a more holistic approach to joining up and coordinating multiagency responses to the needs of children, young people, their parents, and their carers. We will however continue to monitor and evaluate the effectiveness of the Scottish child protection system working closely with stakeholders.
Support for Survivors of Childhood Abuse
Through the Survivors of Childhood Abuse Support (SOCAS) Fund, the Scottish Government funds 29 organisations across Scotland who provide support to adults who have experienced childhood abuse. Further information about the organisations and their services can be found at https://www.gov.scot/publications/survivors-of-childhood-abuse-support-fund-2020-2021/