“Responsibilities are few; the legislation is empowering rather than restrictive” Peter Clarke on his role as Children’s Commissioner for Wales
The following statement has been issued by the Clywch Response Group
The Clywch Inquiry was established to examine the adequacy of child protection procedures in connection with allegations of abuse. At issue was a 1991 case where complaints had been laid against John Owen, a drama teacher at the Rhydfelen school in Pontypridd.
The Inquiry was conducted in the light of retrospective allegations of sexual abuse made by former pupils in 2001. The case would have gone to trial - but did not do so. Before the trial could take place, John Owen committed suicide, still maintaining his innocence.
The Children’s Commissioner for Wales stressed that his Inquiry was to be fair, open-minded and not a fact finding tribunal about the guilt or innocence of John Owen or others. In the event, neither the conduct of the Inquiry nor the Report satisfied this claim. Witnesses were called to the Inquiry on a flawed basis: either on the assumption that they had a bona fide complaint, and the case had already been decided in their favour; or that they had a case to answer, and the case had already been decided against them. Evidence of the complainants was "led" by Counsel to the Inquiry - without scrutinising its reliability and with limited direct questioning. Cross-examination was allowed only after a number of important witnesses had given evidence.
Building on these improprieties, the Commissioner reached a sweeping finding of guilt against John Owen, condemning the consequential actions of staff and officials who had failed to detect and prevent the alleged abuse. In so doing the Commissioner breached his own Terms of Reference. His remit was fudged in order make his findings. In this critique it is argued that he was neither entitled nor right to do so. The nature of the evidence and mode of procedure in the Inquiry made it impossible to determine the reliability of the evidence of abuse. The existence of collusion, contamination, inconsistency and contradiction was not considered by the Commissioner. Under an even-handed approach, the sufficiency of guidelines for the protection of children could and should have been determined on the basis of what might have happened not on the basis of what was presumed to have happened. The root of the problem was, on the probabilities, located in the latitude afforded to John Owen as a drama teacher both in school and outside. Serious consideration of the protocols which should have been in place would have highlighted the need for safe practices; and these would properly limit the opportunity of abuse and the making of false allegations, thus protecting staff and children alike from the dangers of harm and injustice.
Many of the practices in the school which allowed John Owen to develop questionable teaching methods, an unsuitable curriculum which included obscenity, and a sometimes bullying and intimidating attitude and teaching style, belong to history. Serious as these improprieties are, they should not be conflated with the wholly different area of criminal sexual abuse and the allegations made a decade later in 2001 and beyond.
Nor should it have been assumed by the Inquiry that the complaints and evidence gathered in 1991 was necessarily reliable. An analysis of a summary of the 1991 complaints in the Report and the mode of investigation reveals grave flaws and inconsistencies not examined by the Inquiry. They undermine the validity of the Report. In the event, the Commissioner’s findings of abuse by John Owen are generalised. No justification for these findings is provided. The allegations have been found to be true without proof. This is unfair and unjust.
Individual findings of fact against other staff, concerning minor matters, are tainted by his general findings. The approach is inconsistent, unfair and sometimes irrational. Bias is a concern. Before the Inquiry began, the Commissioner had already stated his views as to the existence of abuse to the press. The procedure and differential treatment of witnesses were prejudicial in favour of the complainants. There is a real possibility that the rights of those condemned by the report constituted a breach of Article 6 of the European Convention of Human Rights. The right to a fair hearing is actionable under the Human Rights Act.
This critique also highlights a concern that did come within the ambit of the Commissioner’s terms of reference - but was not examined. The advisability, and long-term effect, of intensive "method acting" techniques with children and young people is questioned.
Summary of Conclusions
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the report is seriously flawed
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the procedure was unfair
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the reliability of evidence was not considered
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the findings are invalid
- the Commissioner exceeded his powers
We question the accountability of the Commissioner in using the scarce resources of the people of Wales in this Inquiry. The cost of the Inquiry, related investigations and the implementation of his recommendations is not stated. The Report and its recommendations have serious implications for the future welfare of children and adults. On the basis to date, the people of Wales deserve better than a Commissioner whose "powers are extensive and responsibilities few".