Giving evidence to the Inquiry
The Inquiry is investigating the abuse of children in care, in Scotland, over a period from early in the twentieth century up until 17 December 2014.
We need to take evidence to help us investigate and complete our work. We gather evidence using a trauma informed approach. The witness support team help people through the process of giving evidence to the Inquiry.
We have to share the identity of anyone who we are told has abused children, with the police. Any information we receive which suggests that anyone is at risk or harm, or that there is a risk to their life is also shared with the police. Read more on when we report information to the police.
We hope all witnesses will co-operate with the Inquiry. The Chair can issue an order if needed, requiring a person to provide evidence by, for example, attending a hearing or providing a written statement. Failure to comply with such an order may be a criminal offense.
It's important to note that The Chair cannot determine if anyone committed any crimes.
Lady Smith's powers
The Chair of the Inquiry has a range of powers that she can use to ensure the Inquiry fulfils its Terms of Reference, and that its work is done as efficiently and effectively as possible.
The Chair has the power to require people or organisations to give evidence or to produce records and other documents. Giving evidence could be by appearing in person at a public hearing or by providing a written witness statement. If a person fails to do what is required of them, this may amount to a criminal offense.
The Chair has the power to restrict publication/disclosure of evidence or documents given, produced, or provided to the Inquiry. This allows her to grant anonymity to certain classes of person who have given evidence to the Inquiry, which means that they cannot be identified in relation to their evidence to the Inquiry. She does this where she considers that it's necessary and appropriate to do so. The Chair has regard to the interests of such persons and to any risk of harm to them. She must also consider public interest in disclosure.
The Chair, after reviewing evidence put before her, makes findings in fact - she determines what facts can be established from the evidence which has been led. She does this by reference to the civil standard of proof, namely on a balance of probabilities. She may also make findings about what may possibly have happened, or about the strength of evidence.
The Chair is required to make recommendations about, for example, systematic failures. She will do so in the interim report(s) and/or in the final report. This will be presented to Scottish Ministers.
Giving evidence as an applicant
An applicant is a person who applies to give evidence to the Inquiry about having been abused when they were in care as a child.
This section also applies if you were a family member of someone who was abused in care as a child.
Giving evidence as a witness
A witness could be someone who has knowledge of the abuse of children in care, for example staff members who worked in residential care establishments.
A witness could also be someone external who may be able to provide evidence about a care establishment, for example, a social worker or an inspector.
Trauma Informed Approach
At SCAI we understand that many of our applicants have experienced significant trauma. We believe that a compassionate, empathetic, and informed approach is essential to providing the support and assistance you need.