Details

The Waterhouse Tribunal examined allegations of widespread physical abuse and child sexual abuse in residential homes in the former county council areas of Clwyd and Gwynedd in North Wales, since 1974. The Terms of Reference also required the Tribunal to examine whether agencies and authorities responsible for the care and placement of young people, could have prevented the abuse or detected its occurrence at an earlier stage. The Tribunal also examined the response of agencies to allegations and complaints and considered whether the relevant caring and investigative agencies had properly discharged their duties. The Tribunal focused on children's homes and foster placements, but it also included investigation of abuse in other settings. Prior to the announcement of the Tribunal of Inquiry, there had been much public attention to abuse in North Wales homes and criticism that rates of prosecution did not reflect the scale of abuse that was reported and that prosecuting authorities and police investigations had not adequately dealt the allegations and complaints received.

The Process
The Tribunal included examination of a large number of documents and evidence gathered through public hearings. The Tribunal's hearings were divided into successive phases, beginning with allegations of abuse (including evidence from alleged abusers), evidence from senior staff, the Welsh Office, the North Wales police, and Chief Executives and Councillors. The final two phases covered the role of insurers and evidence of successor authorities. After the hearing of evidence and submissions had concluded, a seminar was held to enable the Tribunal and key parties to put possible recommendations to a select panel of experts for their comment with regard to strengthen safeguards for the protection of abuse for children in care settings.

Governing Legislation
Tribunals of Inquiry (Evidence) Act 1921.

Inquiry Locations
United Kingdom; Wales; Gwynedd and Clwyd.

Public Hearings
The Tribunal sat for 201 days between 21 January 1997 and 7 April 1998 to hear evidence and submissions. It heard oral evience in public from 129 complainants.

Case Studies
There was investigation into particular institutions.

Written Submissions
311 witnesses provided written evidence.

Witnesses
259 complainants in all, of whom, 129 gave oral evidence. In total, there were 575 witnesses. 264 witnesses gave oral evidence.

Institutions
29 residential institutions were examined and 15 foster homes. In Clwyd this comprised 20 residential institutions and 7 foster homes. In Gwynedd this institutions this included 9 local authority homes and 8 foster homes.

Findings
The Tribunal found that widespread sexual abuse took place in local authority homes in Clwyd in between 1974 and 1990. It also found that there was widespread sexual abuse of both boys and girls in private establishments, voluntary homes, and in a psychiatric hospital for children. Physical abuse was also common. The Tribunal found major failings in complaint procedures. It also found that the quality of care was below standard and education was inadequate. There were many breaches in staff appointment practices, police checks were often not made, training was inadequate and record keeping was substandard.

Recommendations
72 recommendations were made. Recommendations covered responses to past abuse and the prevention of abuse in the future. The Tribunal recommended that an independent Children's Commissioner for Wales be appointed, that every social services authority appoint a Children's Complaint Officer, that decisions about abused children be made in the child's best interest, and that local authorities vigorously promote awareness by children and staff of its complaints procedures. It was also recommended that whistleblowing procedures be established, that considerations be given to implementing disciplinary procedures for failure to report, and that staff should be properly trained in sexual abuse awareness. Other recommendations related to the keeping of police records, investigations, and disciplinary proceedings. Recommendations relating to prevention included issues around staff recrutiment, approval processes for foster parents, and improvements in training, quality of care, and inspections procedures.

Inquiry Panel

• Clough, Margaret
• Le Fleming, Morris