What is the Inquiry?
The Scottish Child Abuse Inquiry is a statutory inquiry that is looking at the abuse of children in care in Scotland.
A statutory inquiry is a public inquiry set up, in Scotland, by Scottish Ministers under the Inquiries Act 2005 (‘the 2005 Act’). The 2005 Act provides a comprehensive framework which includes giving the Chair wide powers to enable the Inquiry to be conducted appropriately. Some of the Chair's duties are stated in the 2005 Act. The powers of Scottish Ministers in relation to a public inquiry are also stated there, as are certain duties.
Being a statutory inquiry, the Chair also has the powers and duties set out in the Inquiries (Scotland) Rules 2007 ('the 2007 Rules') and follows those rules in conducting the Inquiry.
Our task has been set out by the Scottish Ministers and written down in what are called our 'Terms of Reference'.
We look at what happened and why and where abuse took place. This includes the effects of abuse on children and their families and whether the organisations responsible for children in care failed in their duties.
We also look at whether any failures have been corrected and if changes to the law, policies, or procedures are needed.
The Inquiry Chair
The Chair of SCAI, The Right Honourable Lady Smith KC PC, is a retired senior judge.
Lady Smith was appointed a Judge of the Supreme Court in 2001 and was appointed to the Inner House in November 2012. She is a graduate of the University of Edinburgh (LL.B. Hons). Lady Smith was admitted to the Faculty of Advocates in 1980 and was appointed Queen’s Counsel in 1993.
She served as a Temporary Sheriff from 1995 to 1999, was Chair of the Scottish Partnership on Domestic Abuse from 1998 to 2000, and served as Advocate Depute from 2000 until she was appointed a Judge.
Having a longstanding interest in and experience with cases involving children and families, Lady Smith chaired the Advocates Family Law Group. Similarly, on account of her interest in and experience with cases involving breaches of duty by professional persons, she chaired the Advocates Professional Negligence Group.
Lady Smith has carried out a wide range of duties as a judge, including serving as the Scottish Employment Appeal Tribunal judge for eight years between 2004 and 2012, chairing the Scottish Tribunal Forum, and chairing the Reserved Tribunals Group. Lady Smith was appointed as the first President of the Scottish Tribunals in July 2014.
The Chair is supported by the Secretariat, a Legal Team, and Counsel to the Inquiry.
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 offence.
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 persons 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 is necessary and appropriate to do so. The Chair has regard to the interests of such persons and to any risk of harm to them, but she must also consider the public interest in disclosure.
The Chair, after reviewing evidence put before her, makes findings in fact; for example, she determines what facts can be established from the evidence that 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 particular evidence.
The Chair is required to make recommendations about, for example, systemic failures, and will do so in interim report(s) and/or in the final report, which will be presented to the Scottish Ministers.
How we work
We always act independently of any person, group, organisation or body. We are not part of the Scottish Government. We are independent of the Scottish Government.
We are committed to working in as open and transparent a manner as possible. That does not mean that we will provide a running commentary on our work; that is not how inquiries work and would not be in the interests of those involved.
The Inquiry is not a public authority for the purposes of the Freedom of Information (Scotland) Act 2022. As a result, the Act doesn't apply to the Inquiry. Any requests for information made to the Inquiry under that Act will not be considered.
We have been in touch with other Inquiries to share learning. The Chair considers that to be in the public interest. We have engaged with Inquiries in England, Ireland, Northern Ireland, Australia and New Zealand.
We carry out our investigations and hearings as part of what is called an “inquisitorial” process. This means we investigate the matters we have to look into and decide what is relevant rather than relying on others to choose what evidence to present to us. We investigate particular establishments and look more closely at some of them in ‘case studies’ when witnesses give evidence in public hearings.
Our investigations cover a range of care settings and different types of care providers, with reference to a range of factors, including allegations we have received, the nature of any such allegations, the existence of police investigations or convictions, information from previous non-statutory inquiries/reviews, and relevant information received from other sources.
We also gather evidence by obtaining witness statements, records, and other documents. We can carry out our own research, and we can ask others to obtain information for us. We can ask experts to prepare reports.
An inquisitorial process does not involve putting anyone on trial. No one is treated by us as if they are facing a criminal charge. We can’t decide if anyone has committed a crime or is at fault in law, nor can we award damages or compensation. These matters can only be decided by the courts.
The Chair decides what facts have, on the evidence gathered and analysed, been established. Her findings, in fact, are published, usually in volumes of written findings.