FAQs
Contact
How do I contact the Inquiry?
The Inquiry can be contacted:
- by post at PO Box 24202, Edinburgh, EH3 1JN
- by email for general inquiries at information@childabuseinquiry.scot
- by email to discuss giving evidence at talktous@childabuseinquiry.scot
- by phone on Freephone 0800 0929300
- Phone line available:
Monday 10:00 to 16:00
Tuesday - Thursday 08:30 to 17:30
Friday 10:00 to 16:00
The Inquiry also keeps its website up to date with news and information about its progress and rules. The website address is www.childabuseinquiry.scot
What should I do if I think I have information that may be useful to the Inquiry?
The Inquiry asks anyone with relevant information to contact the Inquiry. Witnesses can be a wide range of people. They can be people who want to tell us about abuse they or a family member experienced while a child in care. They may want to tell us about positive experiences in care. They may be witnesses to abuse, care providers, social workers, supervisors and managers.
We take witness statements from witnesses at what we call at “private sessions” or interviews. We also obtain other forms of evidence including records and documents.
Inquiry hearings started on 31 May 2017 and hearings will be advertised on our website. For information about procedure before and during hearings see the Practice Guideline on pre-hearing procedures and the Practice Guideline on hearings.
Role of the Inquiry
What is the Inquiry about?
The Inquiry has been set up to investigate the abuse of children in care in Scotland or where the care was arranged in Scotland.
The details of what the Inquiry is investigating are set out in our Terms of Reference here. They include the nature and extent of abuse of children in care in Scotland, the failures of those with legal responsibility to protect children in care from abuse, whether the failures have been addressed already and whether further changes are needed. The Inquiry has no power to investigate and/or report on anything that is not within its Terms of Reference.
The Terms of Reference were set by Scottish Ministers before the Inquiry started, and revised slightly in November 2016. The Terms of Reference were revised again in June 2018.
What is the remit of the Inquiry?
The remit of the Inquiry means those matters that the Inquiry must look into. The Inquiry cannot consider any matters which are not within its remit. Its remit is set out in the Terms of Reference, which can be found here.
What are "the Terms of Reference"?
The Terms of Reference set out the matters the Inquiry must consider. The Inquiry cannot look at anything outside its Terms of Reference. The Terms set out the Inquiry’s timescale and give it the power to make recommendations. The Terms of Reference were decided by the Scottish Ministers before the Inquiry started work.
You can find the Terms of Reference here.
Why were the Terms of Reference changed in November 2016?
Setting, or changing, the Terms of Reference is a matter for the Scottish Ministers.
The change which was announced in November 2016 clarified that the Inquiry could consider abuse of children who were ‘in care’ when they were abused, even if they were not actually in the place they were cared for when the abuse took place. This could mean in practice considering the abuse of a child in care who was abused when at a weekly community-based club.
Why were the Terms of Reference revised again in 2018?
The original Terms of Reference called on the Chair to report to Ministers “within 4 years” of the date of its establishment, which was October 2015, although Lady Smith’s appointment as Chair did not occur until the end of July 2016. It will not be possible to report in that timescale due to the very wide remit of the Inquiry, covering from living memory to 2014, and a very large number of institutions providing child care in the range of settings covered.
Where can I find the Inquiry's Terms of Reference?
The Inquiry's Terms of Reference can be found here.
What does "a statutory inquiry" mean?
A statutory inquiry is a public inquiry set up by Scottish Ministers under specific inquiries legislation (also known as “statutes”).
The inquiries legislation sets out what an inquiry can and cannot do, and sets down some details of how it should operate. An inquiry has the power to force people and organisations to provide evidence. An inquiry should normally hold its hearings in public where possible, but may hold private hearings. The report of an inquiry must be presented to the Scottish Parliament.
What time period will the Inquiry cover?
The Inquiry covers events within living memory up until 17 December 2014.
What is meant by "in care" for the purposes of the Inquiry?
“Care” is defined in our Terms of Reference. It means residential care or foster care. The term doesn’t include children who were living with their families or other relatives.
What types of abuse is the Inquiry investigating?
“Abuse” is defined in detail in our Terms of Reference. It most often means sexual or physical abuse, but may include other forms of abuse such as emotional abuse, neglect and medical experimentation.
What can the Inquiry do?
The Inquiry has the power to investigate and report on the matters set out in its Terms of Reference. We do this by obtaining and hearing evidence, making a public record of all our findings and by making recommendations.
Can the Inquiry award compensation to a person who has been abused?
The Inquiry cannot award compensation to anyone.
Can you guarantee that the Inquiry will help deliver justice for survivors of child abuse?
The Inquiry will carry out its role, which is to “raise public awareness” of child abuse, “provide an opportunity for public acknowledgement of the suffering” and to provide “a forum for validation”. These phrases come from the Inquiry’s Terms of Reference.
The Inquiry cannot do more than its Terms of Reference. Other forms of justice, including awarding compensation, cannot be delivered by the Inquiry.
How can I take part in the Inquiry?
Please contact the Inquiry if you feel you have evidence to provide. If the Inquiry needs to take your evidence, arrangements will be made to take your evidence in a private session (in the case of applicants) or interview (in the case of other witnesses). More information can be provided to you by the Inquiry’s Witness Support team on the process of taking and using your evidence.
You can find out how to get in touch with the Inquiry on the Contact Us page of this website.
The person who abused me has died. Does this mean I can't give evidence to the Inquiry?
No, it does not matter whether the person who abused you is alive or dead. You can still give evidence to the Inquiry if your experiences are within our Terms of Reference.
I'm a family member of someone who was abused. Can I provide evidence to the Inquiry?
You may be able to, particularly if the person who was abused is no longer alive or able to give evidence. Please contact the Inquiry to discuss your situation.
Will the Inquiry have an advisory panel of survivors or relevant experts?
The Inquiry has decided not to have an advisory panel. The Inquiry will instruct professional experts to provide reports and advice on some areas of its work but no decisions have yet been taken about this.
Which institutions or bodies is the Inquiry looking into?
The Inquiry must, according to the Terms of Reference, look at the failures by institutions and bodies which had legal responsibility for the care of children within living memory up to 17 December 2014. The Inquiry must also consider whether the failures have already been addressed by changes made to practice, policy and legislation.
What do you mean by "institutions" and "bodies with legal responsibility"?
These are any organisations which were responsible in law for the care of children in Scotland. They include care provider bodies (such as some religious organisations, trusts, charities and local authorities) and public bodies which supervised and inspected the care providers (such as local authorities, central government and health boards).
What do you mean by "a national record and commentary"?
The Inquiry report will be the record and commentary of the Inquiry. The report will refer to the evidence the Inquiry has heard about abuse of children in care. The report will be published at the end of the Inquiry process.
Can the Inquiry hold people or bodies to account for any failings?
The Inquiry cannot find a person guilty of a crime or award compensation. If you want to claim damages you have to go to court. So far as criminal proceedings are concerned, they are brought by Scotland’s prosecution authorities.
But, the Inquiry can make findings about relevant facts. Those findings may indicate that someone was at fault or committed a crime.
Is the inquiry in contact with other Inquiries in the UK or elsewhere?
Yes because there is much we can and have learned from other inquiries, reviews and reports, both past and present. These include relevant on-going inquiries in England and Wales, and New Zealand, and inquires in the Republic of Ireland, Northern Ireland and Jersey and Australia which are now complete.
How can I keep up to date with the Inquiry's progress?
The Inquiry provides regular updates on its progress and rules on its website. www.childabuseinquiry.scot. If you do not have access to a computer, please contact the Inquiry by phone or post and information can be sent to you or provided over the phone.
When did the Inquiry start?
The Inquiry started its work on 1 October 2015.
How long will the Inquiry last?
The Inquiry will report as soon as practicable.
Why will the Inquiry take four years and possibly longer?
The original four year period was set by Scottish Ministers in the Inquiry’s Terms of Reference. The Inquiry expects that there will be, over time, a large number of people who want to give evidence to the Inquiry. The Inquiry needs sufficient time to investigate its remit thoroughly and properly.
Under what circumstances could the duration of the Inquiry be extended?
The Scottish Ministers would have to give permission to the Inquiry.
When will the Inquiry report?
At its end. Before then the Inquiry needs to hear and consider all relevant evidence and write its report. The Inquiry may also publish interim reports, if appropriate. It may also publish findings relating to particular case studies
Will the Inquiry make any conclusions or recommendations?
The Inquiry must make recommendations. It is tasked to do so in the Terms of Reference.
The work of the Inquiry
How will the Inquiry conduct its work?
The Inquiry works in as open and transparent a way as possible. Detailed rules (known as Protocols) and guidance about how it operates are available here or by post from the Inquiry.
What should I do if I have information that may be useful to the Inquiry?
The Inquiry would like to hear from you. You can get in touch by post, email or phone.
How will the Inquiry gather its evidence?
The Inquiry asks all those who suffered abuse and other witnesses to contact the Inquiry. Private sessions or interviews are held with witnesses and witness statements prepared with the evidence provided at those sessions.
The Inquiry is also obtaining other forms of evidence, including historical records, documents and reports.
Our hearings started on 31 May 2017. Hearings will be publicised on our website. For information about the procedures before and during hearings see the Practice Guideline on pre-hearing procedures and the Practice Guideline on hearings.
How many documents do you expect to review and do you have the staff to handle the expected volume?
This is very hard to estimate at this stage of the Inquiry. The Inquiry has already started collecting documents. The Inquiry is putting in place a special Document and Evidence Management System to store and organise all documents received by the Inquiry.
How can I provide documents to the Inquiry?
If you think you have documents of interest to the Inquiry, please let us know. You can contact us about this by email at information@childabuseinquiry.scot. We will discuss with you what documents you have and whether we need to see them.
What happens if my experiences of abuse are not covered by the Inquiry's Terms of Reference?
Not everyone who has experienced abuse as a child will fall within the Inquiry’s Terms of Reference. If a person wants to give evidence to the Inquiry the person will be asked for some more information about their experiences. The Inquiry team will then decide if the person’s evidence falls within the matters the Inquiry can consider. If it does, a private session will be arranged with the person. If it does not, the Inquiry Witness Support team will advise the person.
Will the Inquiry examine past decisions not to prosecute particular abuse cases?
The Inquiry may do this. No decisions have yet been taken about this.
How many documents do you expect the Inquiry to handle?
This is very hard to estimate at this stage of the Inquiry. The Inquiry has so far collected many documents. The Inquiry has put in place a special Document and Evidence Management System to store and organise all documents received by the Inquiry.
What will the Inquiry do with the evidence it receives?
The Inquiry will consider all the relevant evidence it receives. The evidence will be used when the Inquiry prepares its report, including its recommendations.
Will there be a public record of the evidence received by the Inquiry?
All witness statements to the Inquiry will be published. All evidence heard at the Inquiry’s public hearings will be added to the Inquiry’s website as the hearings take place. The Inquiry report will also be published. Some particular pieces of evidence may be blacked out (“redacted”). This will include the names of any survivors of abuse unless they have chosen not to be anonymous.
Can I access minutes of Inquiry meetings?
Minutes of internal Inquiry meetings and discussions are not published.
Can a person be a witness if they have already been involved in a claim for compensation or a criminal trial about abuse?
It doesn’t matter what legal proceedings or investigations a witness has been involved in before. If you have evidence to give about abuse, we would like to hear from you.
Will people be made to give evidence to the Inquiry?
We hope all witnesses will co-operate with the Inquiry, but the Chair of the Inquiry can, if it proves necessary, order a person or organisation to give evidence to us. This could be done, for example, by attending to do so, or by providing a written statement. Failure to comply with such an order may be a criminal offence.
Will the Inquiry pass information which I provide to the police?
We have to share with the police the identity of anyone who we are told has abused children. We share with the police any information we receive which suggests that anyone is at risk of harm or that there is a risk to their life. For more information on when we report information to the police see our Protocol on Restriction Orders
Will witnesses be entitled to legal representation?
Most witnesses will not require legal representation to participate in the Inquiry. The Inquiry considers that a lawyer is not necessary for a private session.
Anyone participating in the Inquiry, including witnesses, can decide to instruct a lawyer at their own expense if they want to.
What if some witnesses require legal representation? Will you facilitate this?
The Inquiry cannot provide legal representation or help a witness to choose or instruct a lawyer. We may be able to point a witness in the direction of other organisations that provide information on how to do this.
Will support be given to survivors when giving their evidence?
Yes. The Inquiry has a specially trained Witness Support team who will provide advice and assistance through all stages of the Inquiry. The Witness Support team can be contacted on 0800 0939 200. The Inquiry has regular access to the advice of a clinical psychologist, and other professionals with expertise in trauma.
What is a "core participant"?
The Inquiry Chair decides who is a core participant. They are likely to be people and organisations with a significant role in all or part of the matters being considered by the Inquiry.
There are detailed rules (called a Protocol) on core participant status and an application form for anyone who wants to apply to be one. These are available on the Inquiry website or by post from the Inquiry.
Will core participants be entitled to legal representation?
Yes. Core participants can have lawyers representing them at the Inquiry. This doesn’t mean the Inquiry will always pay for the lawyers. Core participants and others can apply for an award for funding of legal representation. There are detailed rules (called a Protocol) and application form about this. These are available on the Inquiry website or by post from the Inquiry.
Will core participants be entitled to an award of funding for legal representation?
Core participants and others can apply for an award for funding for legal representation. There are detailed rules (called a Protocol) and application form about this. These are available on the Inquiry Protocol - cost-of-legal-representation or by post from the Inquiry.
Inquiry Public Hearings
Where will the hearings take place?
The hearings venue is in Mint House, 20 West Register Street, Edinburgh, EH2 2AA. There is more practical information about how to get there, and facilities in the venue, in the Factsheet on Inquiry hearings.
I'm a member of the public and I want to watch the hearings. How do I do this?
In most cases the public will be able to come to our public hearings. Sometimes the Chair of the Inquiry will decide to hold a hearing in private. For more information see our Practice Guideline on Hearings
Are there any people or organisations who can withhold evidence from the Inquiry?
There are some limits to the power of the Chair of the Inquiry to force a person to give evidence or hand over documents. For example, a lawyer can’t be forced to tell the Inquiry about advice given to clients.
Will Scottish Ministers or UK Government Ministers be forced to appear before the Inquiry?
The Inquiry Chair has the power to force any person to give evidence. She does not, however, expect that she will require to do so. She expects that anyone asked to give evidence will do so voluntarily.
Will the hearings be televised?
There are no plans for this at present. Any media organisation wishing to do so will require to make a specific application and if the Chair is considering granting it, she will not do so without first consulting those likely to be participating at the time of any filming.
I'm a journalist. Do I need to be accredited in order to observe proceedings?
Yes. Please contact our media team at 3x1 to obtain accreditation. Contact details for 3x1 are shown at the bottom of this website.
Do I need to be granted "Leave to Appear" ?
Individuals do not need “Leave to Appear” to come forward as a witness to the Inquiry.
Anyone with relevant information to tell of their experiences of abuse or witnessing abuse should get in touch with the Inquiry’s witness support team.
There are three ways to contact the Inquiry:
By telephone at: 0800 0929 300.
By email to: talktous@childabuseinquiry.scot
By post to: PO BOX 24202, Edinburgh, EH3 1JN
What’s involved in having “Leave to Appear” is explained here on the Inquiry’s website.
The Inquiry Team
Who works for the Inquiry?
The Inquiry Chair is the Right Hon. Lady Smith. The Inquiry has a legal team (including advocates and solicitors) who identify witnesses and bring together evidence for the Chair to consider. The Inquiry’s Secretariat ensures the day-to-day running of the Inquiry and includes the witness support team.
Who is in charge of the Inquiry?
The Inquiry Chair is the Rt Hon Lady Smith. Lady Smith will hear evidence at public hearings, and write the Inquiry report.
Who else is on the Inquiry?
The Inquiry Chair has the legal power to appoint assessors who would assist the Inquiry. No assessors have been appointed to date
Where are the Inquiry offices located?
The Inquiry has administrative offices in Edinburgh.
How was the Chair selected?
The Scottish Ministers appointed the Inquiry Chair.
Who was responsible for selecting the Chair?
The Scottish Ministers selected the Chair.
How many people applied to be panel members?
The Inquiry cannot answer this question as the recruitment process was operated by the Scottish Government.
Why were there no survivors of child abuse on the panel?
The Inquiry cannot answer this question as the selection decision for panel members was made by Scottish Ministers.
Who is a Core Participant to the Inquiry?
For the current list of core participants see the core participant page of our website.
Inquiry Cost
How much will the Inquiry cost?
It is too early to provide an estimate of the overall cost of the Inquiry.
By law the Inquiry Chair must avoid unnecessary cost in the conduct of the Inquiry.
The Inquiry will be publishing costs quarterly.
Is the Inquiry budget capped to ensure value for money?
By law the Inquiry Chair must avoid unnecessary cost in the conduct of the Inquiry.
Who is funding the Inquiry?
The Inquiry is funded by the Scottish Government but operates, like any other public inquiry, independently of Government.
Does the inquiry have a freedom of information policy?
The Inquiry is not a public authority for the purposes of the Freedom of Information (Scotland) Act 2001. As a result, the Act does not apply to the Inquiry, and requests for information under that Act cannot be considered by the Inquiry.
Information and Support Services
What support services are available in Scotland for survivors of abuse?
Survivor Scotland has a directory of help and support services available locally and nationally. It is available at www.survivorscotland.org.uk/help-and-support
The Scottish Government funded Future Pathways, a service which helps and supports people who were abused or neglected as children while they were living in care in Scotland. Further information can be found on their website: https://future-pathways.co.uk/
How do I find the right help?
Organisations should have therapists who are registered with accreditation bodies such as the British Association of Behavioural and Cognitive Psychotherapy (BABCP) and the Healthcare Professions Council (HCP). Such accreditation ensures that therapists are appropriately qualified.
What is the National Confidential Forum?
The National Confidential Forum provides acknowledgement of the experiences of people who were in institutional care as children in Scotland. More information is available at www.nationalconfidentialforum.org.uk