A PUBLIC INQUIRY INTO ABUSE WITHIN CHURCH ORGANISATIONS IN ENGLAND AND WALES
INTRODUCTION
There have been many reported cases into abuse and exploitation by members of church organisations since at least 1970. Sexual abuse of children and vulnerable people ruins lives and the lives of their families. Members of church organisations hold important, influential and highly respected roles within the community. They have had unquestioned access to children and have enjoyed the trust of the public. To allow reports of abuse to remain ignored, disregarded or with ineffective action being taken, has caused and will cause great harm to many members of the public.
THE EXTENT OF ABUSE
Roman Catholic Church Organisations
The writer is aware of a number of religious institutions which have been investigated by the police including:-
St Williams Children’s Home in East Yorkshire,
Ampleforth College, North Yorkshire,
Stoney Hirst,
Douai Abbey,
Ealing Abbey,
Buckfast Abbey,
St Mary’s College, Priory Park,
Father Hudson’s Children’s Home,
St John’s School for the deaf children, Wetherby,
Tingwell School for Children with Learning Difficulties, Liverpool,
Downside, Independent Catholic School.
Attached is a schedule of convictions of Catholic Priests with numbers of offences and dates of conviction. These figures are likely to be a large under-estimate of the abuse which has been taking place in recent decades. In May 2011, John Brown of the NSPCC made a public statement following his organisation’s 2009 survey. He commented “Most child sexual abuse goes undetected, unreported and un-prosecuted”. www.bbc.co.uk/education.13542007. It has been estimated that only 10% of sexual offenders are brought to justice. (Lucy Faithful Foundation estimate). www.bbc.co.uk/news/mobile/magazine-12478584 . Extrapolation of the figures attached results in an estimate of around 380 abusing Priests and given that all of the evidence suggest that child sex abusers tend to have abused multiple times, this could result in thousands of victims just within the past 10 years according to the attached Schedule of Convictions (compiled on the 15 September 2010).
Church of England & Wales
The Church of England & Wales has no policy for collating figures of reported cases within its Diocese. A number of high profile cases such as the Diocese of Chichester cases in the Church of England highlight the fact that child sexual abuse has been taking place within the Church of England. Its own report in 2011 referenced 13 cases in England and 5 cases in Wales.
The Church of England released a summary of it’s own survey of child abuse within the Church in March 2010, www.cofe/anglican.org/news/p12610.html. This document is a summary only. The full results of the survey would have assisted with transparency and leaves the suspicion that some information was not written down and that the recording of these complaints have been at best patchy for the last 40 years. Although 18 cases were identified this relates only to abusers and not victims. A recent court case in Bradford resulted in the jailing of a minister who had sexually abused at least 6 victims (Peter Hedge).
The Church of England press statement states that following the past cases review no minister or church worker deemed to have harmed a child, and for whom a report was found, now works in the Church, and that all those individuals identified were referred to the police, outside assessment agencies, or were internally disciplined where no other action was deemed appropriate.
The following questions remain unanswered:-
• How many alleged abusers were identified and how many allegations of child abuse were identified?
• How many alleged abusers identified are now dead?
• How many alleged abusers identified were deemed to be too ill to require further investigate or action e.g. through dementia, old age or terminal illness?
• How many alleged abusers identified have left the jurisdiction or control of the Church of England and were therefore deemed to be beyond the remit of the report from the past case review e.g. those who fled or were sent to America, Australia, Africa and elsewhere, and those who have left the Church?
• How many reports of abuse have not been passed on to the police?
• The writer is aware of one Anglican priest who was alleged to have abused boys at a private school in Birmingham. He then went to Australia where he is alleged to have abused children in Adelaide whilst still in ministry. He eventually fled Australia when an inquiry was begun and was subsequently murdered in 2010 in Libya. Was he was among the number included in the press release? http://www.thisisstaffordshire.co.uk/Priest-s-body-returned-home-investigation-murder-continues/story-12536786-detail/story.html http://www.adelaidenow.com.au/news/former-st-peters-college-chaplain-john-mountford-murdered/story-e6freo8c-1225752611569
The writer believes that the press release from the Church of England reveals merely the tip of the iceberg.
Why this matters
The reasons it matters and the reason the church and the public should count, record and be mindful of the number of alleged abusers identified and the number of allegations made against each abuser is three fold:
(i) The public have a right to know whether Bishops sat on files of ministers and church workers with allegations of child sexual abuse and did nothing to protect other children from harm, by for instance reporting them to the police prior to this review.
From the cases now disclosed in the press release it is clear that some dioceses had received reports containing allegations of child abuse which were uncovered during the past cases review. How long had the Bishops in these dioceses known about these dangerous individuals and how many more victims were abused because the Bishops did nothing or covered up the allegations?
If Bishops did sit on allegations, and thereby caused further abuse to take place or caused victims to suffer unnecessarily because of a lack of due process which would have brought them support, redress and justice, there needs to be a public inquiry as that would be truly scandalous, just as scandalous as the findings in the Dublin inquiries. Has the same cover up mentality as exists in the Catholic Church become institutionalised in the Church of England?
(ii) Until all allegations and all alleged abusers are identified, and all files for those cases are opened up to independent scrutiny, even where the person is dead, the victims can obtain no redress, support or justice, no apology, and no healing.
As it is, not only will those victims where the abuser is not considered to be in a position to harm any further, get no redress, neither will those whose abusers have been identified through this process unless outside agencies have been involved and victims contacted or otherwise enabled to come forward through some open and transparent process.
The Church of England has no policy in place to offer support or redress to the victims even where the alleged abuser has now been prosecuted. What support and redress has been offered to the victims of Peter Hedge?
(iii) Many victims do not report child abuse either at the time or as adults. The shame, the distress, the harm caused is great, as is the likelihood of re-traumatisation caused by inappropriate and ill considered investigation processes. Until the Church can demonstrate that it is able to listen to victims and offer appropriate responses including support and redress, victims will remain hidden and abusers will continue to abuse children within the Church.
Until a transparent inquiry builds confidence and empowers victims to come forward, victims will continue to suffer in silence and isolation and the church will continue to fail to accept responsibility for the harm caused, or offer support and redress which can bring closure for those who have suffered too long already.
Churches of Other Denominations
Churches of non-Catholic or Church of England denominations such as House Churches are expanding rapidly. The lack of oversight of these Churches must be cause for concern. Surveys and advice from the Churches’ Child Protection Advisory Service are helpful and suggest that other denominations are less compliant with effective safeguarding techniques. www.ccpas.co.uk and www.ccpas.co.uk/documents/research%20booklet%202009.pdf
ABUSERS ARE ESCAPING JUSTICE – WHY?
The Roman Catholic Church
A decree from the Vatican dated 16 March 1962 was issued to all Bishops and dealt comprehensively with the procedures to be employed by all Bishops when a report of sexual abuse was received. Bishops were put under threat of ex-communication if they did not follow the decree which was known as “Crimen Sollicitationis”. The decree required Bishops to enforce (with the threat of ex-communication) complete secrecy by the complainant, the alleged abuser and any other Church officials dealing with these cases. The Crimen document also requires Bishops to keep reports of abuse from civil authorities (i.e., the police). An internal investigation was to take place and the result of the internal investigation was to be sent to the promoter of justice in Rome (later the head of the congregation of the doctrine of the same) within 10 days. The Vatican officials were to decide on the result of any “sentence” to be imposed. Penalties at worst were ex-communication and in the last 10 years only 3 recorded cases of ex-communication has been imposed. Most involve the carrying out of further work for the Church, being moved to different jobs within the Church or indeed different places.
This decree was reinforced by the letter written by Cardinal Joseph Ratzinger on 18 May 2001 which explicitly approved the Crimen document and in particular the maintenance of secrecy and that no report should be made to the civil authorities such as the police after the child has reached the age of 28 (most cases). This letter is known as “De Delictis Gravioribus” letter. A copy of the “Crimen” document can be found at http://www.vatican.va/resources/resources_crimen-sollicitationis-1962_en.html . The De Delictis letter can be found at http://www.bishop-accountability.org/resources/resource-files/churchdocs/EpistulaEnglish.htm .
There is further evidence of the Roman Catholic Church encouraging Bishops to keep quiet about allegations made to them and not inform the police. Cardinal Castrillon wrote a letter in September 2001 to a French Bishop congratulating him for refusing to report an abuser priest to the police. http://ncronline.org/blogs/all-things-catholic/cardinal-castrillon-must-feel-trapped More details can be found in the book by Geoffrey Robertson QC entitled “The Case of the Pope”.
The Crimen document requires Bishops to keep a secret archive. It has to be presumed that the Dioceses throughout England and Wales hold secret archives relating to reports of abuse which have been kept secret and have not been reported to the police.
There have been a number of high profile “cover ups” in which the Catholic Church have failed to notify the police and have moved abusers between Diocese and even out of the Country. In 2010 James Robinson was extradited from America to England, tried and convicted of 21 child sexual offences between 1959 and 1983 and was sentenced to 21 years imprisonment. Robinson was a former Priest in the Arch Diocese of Birmingham and left the Country in 1985 whilst the police were still investigating allegations of child sexual abuse against him. During Robinson’s trial it was disclosed that the Arch Diocese continue to pay Robinson £800 per month between 1985 and 2001 and have given him £8,400 in 2000. At no time did the Diocese or Authorities inform either the police in America or England of his whereabouts.
Richard White, a member of a Benedictine order teaching at Downside Catholic School admitted his sexual crimes against a boy to the headmaster but no report was made to the police. Instead attempts were made to restrict his duties – see http://www.dailymail.co.uk/news/article-2082037/Paedophile-monk-paid-schoolboy-50p-time-sexually-abused-locked-up.html?ito=feeds-newsxml
The Vatican’s response to abuse is not improving. No positive steps have been taken to overturn the Crimen document.
Church of England and Wales
Reports of vicars and other church officials within the Church of England and Wales began to emerge in the 1980’s. Time and again criminal cases reveal that church authorities knew that allegations of child sexual abuse by clergy and other church officials yet did nothing to protect them from further harm. This is continued up to the most recent cases in the Diocese of Chichester. An enquiry by Baroness Butler Sloss into the Diocese of Chichester has revealed shortcomings with the report handling procedures.
The past case reviews undertaken in all diocese in the Church of England (reported 2010) and in Wales (reported 2011) has sounded alarm bells within survivor organisations and published reports only explicitly admit to 13 cases in England and 5 cases in Wales as causing concern. It is known that many clergy still in ministry have allegations of child sexual abuse on their files. Some even have previous convictions, others have confessed to abuse of children to Bishops. Only some of the Dioceses engaged independent consultants to carry out a review of their files. The “responding well” policy document from the House of Bishops 2011 is an attempt by the Church of England to regularise their Dioceses responses to reports of abuse. It has been criticised by support organisations as safeguarding officers lack independence and evidence shows that the implementation of the policy patchy.
Churches of Other Denominations
So little is known of the extent of abuse within Churches of other denominations that an enquiry into the extent of abuse under these Churches is likely to open up ways in which legislation can assist in improving safeguarding procedures for children involved with these Church organisations.
WHAT WILL AN ENQUIRY ESTABLISH?
a) The extent of sexual abuse within Church organisations in England and Wales.
b) In which organisations abuse is taking place.
c) Who were the perpetrators of abuse?
d) What procedures for child protection have been in place the past decades.
e) Were procedures adequate?
f) Were procedures misused or under used?
g) Were there significant failings at state or Church level?
h) Would a redress scheme (in the style of the Republic of Ireland scheme) be appropriate and cost effective?
i) Other recommendations for safeguarding and legislation.
Suggested Recommendations for Legislation
1. It should be an offence for a Church organisation to fail to report an allegation of abuse of a child or vulnerable person to the police.
2. An Agency should be established to monitor, regulate and oversee safeguarding procedures within church organisations.
3. It should be an offence for a member of clergy or religious official to engage in sexual relations with a “client” within a spiritual/pastoral setting.
4. Any enquiry should have the power to compel witnesses to attend to give evidence and to attend with documentation (specifically the secret archives in the Catholic Church but more widely other personal documentation).
By way of assistance, submissions on safeguarding made by MACSAS (Ministry and Clergy Sexual Abuse Survivors) can be found at http://www.macsas.org.uk/PDFs/News/MACSAS_submissions_for_NCSCmeeting.pdf
David Greenwood
Jordans Solicitors
Neil Jordan House
Wellington Road
Dewsbury
WF13 1HL
Tel: 01924 868911
david.greenwood@jordanssolicitors.co.uk
Submitted by the above written and also on behalf of:
- Ministry & Clergy Sexual Abuse Survivor (www.macsas.org.uk)
- Survivors Voice Europe (www.survivorsvoice-europe.org)
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SCHEDULE OF CATHOLIC PRIEST POLICE INVESTIGATIONS
IN ENGLAND AND WALES AS AT 15.09.10
Diocese of Westminster
Priest Conviction Sentence
Fr David Pearce 10 counts indecent assault ,
2 counts sexual assault 8 years (2009)
Fr John Coghlan 5 counts of indecency 15 months (2005)
Fr William Hofton 7 counts gross indecency
9 counts indecent assault 4 years (2004)
Fr Peter Grant 4 counts sexual activity with a child 4 years 3 months (2007)
Fr Michael Hobbs Indecent assault 3 years (2000)
Diocese of Portsmouth
Priest Conviction Sentence
Fr Malcolm McLennan Attempted buggery and 2 counts of indecent assault 4 years (2009)
Diocese of Arundel and Brighton
Priest Conviction Sentence
Fr Michael Hill 6 counts of indecent assault 5 years (2002)
Diocese of Southwark
Priest Conviction Sentence
Fr Martin McLennan 3 counts of indecent assault 18 months (2009)
Fr James Murphy Indecent assault 30 months (2000)
Diocese of Menevia (West Wales)
Priest Conviction Sentence
Fr John Michael Kinsey 5 counts of indecent assault 3 years (2005)
Diocese of Cardiff
Priest Conviction Sentence
Fr Joseph Jordan 10 counts of indecent assault 8 years (2000)
Fr Michael J Lloyd Buggery, rape, 12 counts indecent assault 11 years (1998)
Diocese of Clifton
Priest Conviction Sentence
Fr Peter Carr 14 counts of indecent assault 12 months (2007/8)
Diocese of Plymouth
Priest Conviction Sentence
Fr Paul Couch
Richard White 2 counts buggery, 15 counts indecent assault
2 counts of gross indecency, 5 counts of indecent assault 10 years 9 months
5 years
Diocese of Birmingham
Priest Conviction Sentence
Fr John Gerald Flahive 4 counts of indecent assault 9 months (2002)
Fr Thady Francis O’Malley 12 counts of indecent assault 3 years (1999)
Fr Eric Taylor 16 counts of indecent assault, 2 counts of buggery 7 years (1998)
Fr Samuel Penney 10 counts of indecent assault 7½ years (1993)
Fr Christopher Clonan High Court ruled in 2010 that Clonan abused. No conviction as he fled the country. The Church have paid over £1m to victims to date.
Diocese of Lancaster
Priest Conviction Sentence
Fr Edmund Cotter 15 counts of indecent assault 5 years 2 months (2007)
Fr James Chaning Pearce 7 counts of indecent assault 3 years (1997)
Fr Anthony McKay 3 counts indecent assault 18 months (2002)
Diocese of Leeds
Priest Conviction Sentence
Fr Neil Gallanagh 2 counts indecent assault 6 months (2005) suspended 2 years
Canon Cyril Moverley Investigated by the Police but no prosecution due to his age. Diocese have settled 4 victims cases following civil court proceedings
Diocese of Middlesbrough
Priest Conviction Sentence
Fr Noel Barnett 15 counts indecent assault 3 years 9 months (2004)
Fr Michael Dunn Indecent assault, 2 counts gross indecency 18 months (2005)
Fr James Carragher 2 counts buggery, indecent assaults 14 years (2004)
7 years (1993)
Fr David Crowley 13 counts indecent assault, 3 counts gross indecency with a child 9 years (1998)
Fr Gregory Carroll 3 counts gross indecency with a child
11 counts indecent assault 4 years (2005)
Fr Priest Grant-Ferris 21 counts indecent assault 2 years (2005)
Fr McCallem Possession of indecent images Suspended sentence (1992)
Diocese of Salford
Priest Conviction Sentence
Fr William Green 26 counts of indecent assault 6 years (2008)
Fr Thomas Doherty 5 counts indecency 6 years (1998)
Fr James Doherty 15 counts indecent assault, 11 counts gross indecency with a child 2 years (2000)
Diocese of Hexham and Newcastle
Priest Conviction Sentence
Fr Adrian McLeish 12 counts of indecent assault 6 years (1996)
Fr William Jacks Gross indecency with a child
4 counts of indecent assault 5 years (2001)
Fr David Taylor 5 counts of indecent assault 30 months (2009)
Fr Patrick Fitz Patrick 7 counts of indecent assault 20 months (2004)
John Conigan 9 counts of indecent assault 4 years (2007)