Monday, May 28, 2012

VERITA -2- TERMS OF REFERENCE












VERITA -2 - TERMS OF REFERENCE


WE CAN NOW SEE WHY SOME PEOPLE JUST DON'T WANT A COMMITTEE OF INQUIRY INTO DECADES LONG CHILD ABUSE IN JERESY


NO EXCUSE



NO EXCUSE FOR THE DELAY



ELECTORAL REFORM MORE IMPORTANT THAN DECADES OF CHILD ABUSE



SCANDALOUS 



The Verita  Terms of Reference are an excellent starting point.


The problem is in what their suggested TOR's will uncover. 

Here is a snippet:


. Establish, where abuse was suspected, whether it was reported to the appropriate bodies including the States of Jersey Police and what action was taken by persons or entities including the police and whether this was in line with policies and procedures of the day


. Identify how and by what means concerns about abuse were raised and how and to whom they were reported. Did systems exist to allow children and others to raise concerns and safeguard their wellbeing?


. Determine whether, on reviewing files submitted by the States of Jersey Police for consideration as to whether, on reviewing files submitted by the states of Jersey Police for consideration as to whether or not a prosecution should be brought, those responsible for deciding on which cases to prosecute took a consistent and impartial approach and whether the process was free from any political interference at any level


"NOTHING TO HIDE NOTHING TO FEAR"


Verita were called in to help formulate a future Committee of Enquiry. The Chief Minister must be asked to explain what the problem has been. He must be asked if he believes political reform is more important than decades of unchecked abuse.


I publish the Verita suggested TOR's because its so important that people see that the only problem that bringing forward a Committee of Inquiry with robust TOR's is "FEAR"


FEAR & DREAD - At what will be exposed. 


During Oral Question tomorrow Deputy macon will ask the following. 


8. Deputy J.M. Maçon of St. Saviour will ask the following question of the Chief Minister – 

“Will the Chief Minister give an undertaking that there will be an official consultation process, with a clearly identifiable point of contact, to ensure that interested individuals and groups are able to contribute to the Committee of Inquiry into historical child abuses terms of reference and are kept informed of the Committees progress and, if not, why not?"




What must be asked is why the delay. Why have the Council of Ministers struggled with something as straight forward as these TOR's and a Committee of Inquiry.



Why is Decades of Abuse not treated with the upmost importance?



Here are the Verita TOR's


Rico Sorda


Team Voice

Part Time Investigative Journalist



Appendix 1

Committee of Inquiry into historical Child abuse in Jersey

Commissioner

The States of Jersey is the commissioner of this Committee of Inquiry. It is commissioned under standing orders and with reference to the powers laid down in the States of Jersey (powers, and Privileges and immunities) (committee of inquiry) Regulations 2007.

Context

The States of Jersey has commissioned this Committee of Inquiry to investigate the organisation, management and oversight of children's residential and fostering services in Jersey with an emphasis on the period after 1960. The inquiry will look at how concerns about reported abuse were dealt with by the relevant States organisations.

The purpose of the inquiry is to establish the facts, to provide learning, to enable reconciliation and resolution, to rebuild public confidence and trust, to hold to account and to demonstrate transparency of government by the inquiry examining this matter on behalf of the States of Jersey.







Terms Of Reference


The Committee of Inquiry is asked to do the following:



Establish the facts

. Establish the type and nature of children's homes and fostering services in Jersey in the post-war period with a particular focus on the period after 1960. Consider (in general terms) why children were placed and maintained in these services

. Determine the organisation (including recruitment and supervision of staff), management, governance and culture of children's homes and the social norms under which they operated.

. Examine the political oversight of childrens homes and fostering services by the various education committees between 1960 and 1995, by the various health and social services committees between 1996 and 2005 and by ministerial government from 2006 to the current day.

. Establish a chronology of significant changes in child care practice and policy during this period with reference to Jersey, the UK and, if appropriate, France

. Consider and appraise the independent investigations and reports conducted in response to the concerns raised in 2007


What was done in response to concerns of abuse?

. Consider the experiences of those witness who suffered abuse or believe that they suffered abuse and hear staff who worked in these services.

. Identify how and by what means concerns about abuse were raised and how and to whom they were reported. Did systems exist to allow children and others to raise concerns and safeguard their wellbeing?

. Consider how the education, health and social services department dealt with concerns about alleged abuse, what action they took and whether they were in line with the policies and procedures of the day.

. Establish, where abuse was suspected, whether it was reported to the appropriate bodies including the States of Jersey Police and what action was taken by persons or entities including the police and whether this was in line with policies and procedures of the day

. Determine whether the concerns of 2007 were sufficiant to justify the States of Jersey Police setting in train Operation Rectangle

. Determine whether, on reviewing files submitted by the States of Jersey Police for consideration as to whether, on reviewing files submitted by the states of Jersey Police for consideration as to whether or not a prosecution should be brought, those responsible for deciding on which cases to prosecute took a consistent and impartial approach and whether the process was free from any political interference at any level


Children's services in 2011

. Set out what lessons can be learnt for the current system of residential and foster care services in Jersey



Government 

Review what actions the government took when concerns came to light in 2008 and what, if any, lessons there are to be learned 


General 

. Report on any other issues arising during the inquiry considered to be relevant to the past safety of children in residential or foster care

The inquiry should make full use of all the work conducted since 2007

At an appropriate moment, the inquiry should hold a seminar(s) to enable a broader discussion of some of the themes raised by the evidence. The seminar(s) will not make recommendations to the chair but will provide ideas and information that will form of the material to be considered as the report is drafted 

28 comments:

voiceforchildren said...

Rico.

Another exclusive from Bloggers (Jersey's only independent media). These TOR's appear to be robust and fit for purpose and as the Chief Minister has claimed in the States that interested parties have been kept informed, the question must be asked have the JCLA and the survivors of the DECADES of Child Abuse been furnished with a copy of these TOR's by Senator Gorst or the COM? If not, why not?

For those of us who want to show the world that the people of Jersey aren't all Child Abusers and their protectors one can only hope that the TOR's don't go through Tim Le Coq's washing/spinning machine and come out with another Napier scenario.

The Victims/Survivors, along with the GOOD people of Jersey deserve NOTHING LESS than what's in Verita TOR's.

Andrew hello said...

. Establish, where abuse was suspected, whether it was reported to the appropriate bodies including the States of Jersey Police and what action was taken by persons or entities including the police and whether this was in line with policies and procedures of the day

UH OH!

Anonymous said...

Bill Ball ache and Dim Tim would be finished.

. Determine whether, on reviewing files submitted by the States of Jersey Police for consideration as to whether, on reviewing files submitted by the states of Jersey Police for consideration as to whether or not a prosecution should be brought, those responsible for deciding on which cases to prosecute took a consistent and impartial approach and whether the process was free from any political interference at any level

Ian Evans said...

HONOURED SIR

martin said...

rico.never give up the fight i do not have your guts,im 46 years old i was abused by a well none fisherman.i do not have the will to fight for myself as strange as it my sound.but i will fight for others.you and vfc,ss,all are doing a great job please,please,doint stop.and thank you all for the work you do.martin

rico sorda said...

. Establish, where abuse was suspected, whether it was reported to the appropriate bodies including the States of Jersey Police and what action was taken by persons or entities including the police and whether this was in line with policies and procedures of the day

The action taken was to denigrate the lead officer - suspend his Chief 3 times - spend 1.5 million plus on a failed disciplinary investigation - Have Gradwell leak information to David Rose who was trashing the investigation - Leave a million questions unanswered - Have Warcup spreading rubbish and close down the investigation.

This is inline with Jerseys policies and procedures in dealing with unwanted and uncalled for investigations into decades of abuse.

Did we get away with it?

Anonymous said...

"Consider and appraise the independent investigations and reports conducted in response to the concerns raised in 2007."

No way will they let that happen. They won't even allow the oli-influenced investigations and reports to be fully reviewed. Independent investigations and reports? Ha! For all that we know, anything independent would only be Operation Rectangle itself, and they have invested millions to reduce that long overdue exposure of decades of horrific abuse and concealment to the pretense of a coconut fragment and an overpriced meal.

As Madame Fifi predicted, this aint going to happen because the current system and its highly placed criminal adherents would be finished.

Anonymous said...

The problem is simple and absolute. Jersey cannot withstand the level of scrutiny recommended by any thorough and honest terms of reference.

Anonymous said...

"to hold to account and to demonstrate transparency of government" YEAH LIKE THAT'S GOING TO HAPPEN.

rico sorda said...

Context

The States of Jersey has commissioned this Committee of Inquiry to investigate the organisation, management and oversight of children's residential and fostering services in Jersey with an emphasis on the period after 1960. The inquiry will look at how concerns about reported abuse were dealt with by the relevant States organisations.

No we haven't and no we won't

There is enough evidence out in the public domain to have them seriously worried about a CoI. We are talking about decades of failure. We should be able to learn from this inquiry and hopefully make it safer for children in care in the future.

Senator Gorst really should explain just what is going on.

rs

Anonymous said...

Can anyone imagine this expected avoidance of a meaningful COI being thoroughly documented and examined as it will be by bloggers? A few years ago, no one would have been able to clarify exactly what the upcoming COI whitewash even was about. Now we shall all watch their foolish little dance around the facts, the wiggle room they insist upon, the tragic disregard for the suffering of abuse survivors. And it will be recorded history for all to read long after the last copy of the JEP has been used to line a birdcage.

thejerseyway said...

Hi Rico.

Just put up audio from today, questions & Statement from Chief Minister.
Your readers can listen HERE

Anonymous said...

Rico,

Can you tell me why, when I use your link to the latest posting by Voice For Protest, I see the following message?

"To view this page, you must log in to area “tiuk” on www.transparency.org.uk:80."

It then informs me that I will be sent an encrypted code.

Or, more often, it simply informs me that "no such page exists" at that web page.

Is this normal, or is it because I am in the US?

Beth

rico sorda said...

Hi Beth,

Just checked it out and its not working for me. It might be better to just google the page as I'm not not sure why that is.

rs

rico sorda said...

Senator Gorst and his Council of Ministers are failing the victims of Abuse. What is so difficult about the Verita terms of reference I ask you?

His waffle yesterday in reply to a question asked by Deputy Maçon was incredible.

WHAT IS IT ABOUT DECADES OF ABUSE THAT HAVE THIS LOT SO WORRIED?

NOTHING TO HIDE NOTHING TO FEAR

Now he is calling in Williamson to meet with the JCLA and victims in June. What is Williamson asking that Verita didn't ? Does Gorst believe that the Verita TOR's don't go deep enough?

It make s me sick

These are the actions that caused the Abuse Scandal in the first place

NO ONE BLOODY DOING ANYTHING

rs

GeeGee said...

Rest assured Rico - one thing is for certain, Williamson has not been brought in to 'up the ante' on the ToR, more like tone them down.

Over a lot of people's dead bodies!

Anonymous said...

Gorst another so called christian,no wonder I am a non believer hope all of them get their dues in their so called after life.

Anonymous said...

Re: ``Rest assured Rico - one thing is for certain, Williamson has not been brought in to 'up the ante' on the ToR, more like tone them down.

Over a lot of people's dead bodies!'

And childrens!

Anonymous said...

GeeGee, I really do hope the abuse survivors and their political allies can take a strong stance against any Williamson related efforts to water down Verita's Terms of Reference.

Perhaps the survivors and their supporters can start working on their strategy now to pre-empt what is almost certain to be a far cry from the true COI the survivors and Verita envisioned. Like you, I see no chance of this taking place without yet another fierce struggle against the abuse deniers and abuse enablers.

Elle

Anonymous said...

MORE than £27 million will be pumped into social housing schemes to provide new homes, refurbish existing ones and support Jersey’s struggling construction industry, the States agreed yesterday.

The Assembly voted by 42 to one, with one abstention, to transfer £27.1m from the consolidated fund, the States current account, to Housing.

It will be used to create 121 new States-owned homes for rent, the majority of which will be life-long homes for over-55s.

The work will include the refurbishment of the La Collette high-rise flats,
refurbishments and additional units at Osborne Court, new homes at Le Squez, Journeaux Street and Lesquende and further new buildings as part of the Purchase of Life-Long Homes scheme.


No trouble finding money for a Committee of Enquiry then i guess.

Anonymous said...

But the money will still be an excuse. In addition to whatever insane reasons they dredge up, they can't use the Criminal Confiscation Fund because the COI is somehow (bizarrely) not connected to "crime" - remember?

Anonymous said...

"No trouble finding money for a Committee of Enquiry then i guess."

probably wouldn't surprise anyone if they tried to fund the watered down COI out of the abuse settlement funds.

Anonymous said...

Rico - interesting observations on the work of Williamson.

I do not think this will instil a lot of confidence in the abuse survivors now they are aware he has been brought in to 'review' the Verita report.

Not good.

'The Ministry of Justice has today (10 March) published the follow-up report of Peter Smallridge CBE and Andrew Williamson CBE into the restraint of children in young offender institutions, secure training centres and secure children's homes.
CRAE's national co-ordinator, Carolyne Willow, says:
"This scant report – running to just 24 pages – will not reassure parents or the public that children are safe in locked institutions. Smallridge and Williamson say they have spoken with numerous young people yet there is only a single reference to what children have told them over the past two years. The views of managers, staff and the private companies running secure training centres dominate almost every page. For example, Smallridge and Williamson give implicit support to the increased use of handcuffs because 'representatives from the youth secure estate' say they have 'no personality' and don't cause pain. This is not what children say; nor, indeed, does it reflect the views of professionals in others settings like children’s homes, hospitals and residential schools.
The restraint-related deaths of 15 year-old Gareth Myatt and 14 year-old Adam Rickwood are insensitively described singularly as a “tragedy”. This could give the impression that what happened to these two boys could not have been foreseen or prevented. January's damning inquest verdict into Adam Rickwood’s death pointed to an unlawful regime and serious system failure.
To their shame, Smallridge and Williamson continue to defend the use of pain-compliant restraints – methods which have been strongly criticised by the UN Human Rights Council, the European Committee for the Prevention of Torture, the Council of Europe’s Commissioner for Human Rights, the parliamentary Joint Committee on Human Rights, the Royal College of Paediatrics and Child Health, all four Children’s Commissioners and the Department of Health".
The report shows that restraint continues to be a common experience, and that there has been a slight increase – from 11% to 12% - across the past two years of the percentage of detained children who are subject to restraint. This is despite a fall in numbers of children in custody. Smallridge and Williamson say that children in custody have a history of violent lives and that this poses a massive challenge to staff. This gives the subliminal message that high levels of restraint are simply a result of children’s behaviour. Yet we know that staff recruitment, skills, training and the general ethos of an institution greatly affect when and how restraint is used.
There is no mention of the law relating to restraint or child protection. This is an incredible omission which further diminishes the credibility of the report'.

Zoompad said...

"Smallridge and Williamson say that children in custody have a history of violent lives and that this poses a massive challenge to staff. This gives the subliminal message that high levels of restraint are simply a result of children’s behaviour."

What a cop out. The trouble is, people believe this claptrap. The truth is, children are taught violence, children do not tumble out of the womb with a knife in their hands. If you put a child into a prison run by people who chose to work with children for all the wrong reasons you should not wonder at the results.

Gareth Myatt and Adam Rickwood died because they were placed in one abusive situation after another. Nothing will bring them back, but the least that should happen is that their untimely deaths should not be whitewashed over.

Restraint is meant to be used as a very last resort, for example, if the child has a dangerous weapon. It's being used in all sorts of inappriate ways, by wicked, stupid and lazy people who shouldn't even be in charge of a goldfish let alone a child. These peoploe support each other, cover up for each other, and make up packs of lies to get themselves out of trouble. So you could end up with circumstances such as a child refusing to eat his dinner, the thugs in charge beat him up, then claim to have used restraint because the child was brandishing a dangerous weapon in each hand (a knife and fork)

I will say it again - children are not born violent - they have to be carefully taught to become violent. The video games and military experts realise that very well - you can never train a military sharp shooter using Sonic the Hedgehog games!!!

Ian Evans said...

THE PRICE OF JUSTICE

Anonymous said...

Can the abuse survivors take a stand against Williamson being involved? Is it too late? Being challenged publicly like that might make a difference, if it is widely believed that Williamson is conflicted and will produce another watered down "our chap" report, instead of a credible and thorough COI. Best to have his credibility challenged before the expected results are written in stone.

voiceforchildren said...

Rico.

Chief Minister Gorst next in THE FIRING LINE?

Anonymous said...

Please tell me it is not Mr. Ozoufs projection cost of 20million being quoted by Mr Bailhache.

I find it very telling those who go silent on the whole Graham Power Saga and refuse to discuss this episode as if it has been neatly packaged and dealt with.