Lady Smith to take over Child Abuse Inquiry

Appeal judge Lady Smith is to take over the chairing of the independent public Inquiry into the abuse of children in care in Scotland with effect from 1 August.

Her appointment, by Deputy First Minister John Swinney, follows the resignation of Susan O'Brien QC over a controversy about remarks she made at a training session (click here for report). The inquiry has also been dogged by allegations of Government interference, which Mr Swinney has strenuously denied.

Lady Smith was appointed to the Court of Session and High Court bench in 2001 after a career of more than 20 years at the Scottish bar. Her duties have included serving as the Scottish Employment Appeal Tribunal judge between 2004 and 2012, chairing the Scottish Tribunal Forum and chairing the Reserved Tribunals Group. She was appointed to the Inner House in November 2012, and appointed as the first President of the Scottish Tribunals in July 2014.

While she chairs the inquiry Lady Smith will be relieved of her duties as an Inner House judge, but may sit occasionally if workload permits.

Mr Swinney said: "Lady Smith will bring a wealth of knowledge and experience to the leadership of the Inquiry, from her significant service both as a QC and as a judge, her extensive involvement in the work of tribunals and as President of the Scottish Tribunals and her role in leading the Scottish Partnership on Domestic Abuse.

“Her leadership, independence and sensitivity will be key to the inquiry’s progress. It is in the nature of Lady Smith's background as an experienced judge that the inquiry will be taken forward without fear or favour to identify how individuals and institutions failed many of Scotland’s most vulnerable children. We must ensure children are effectively protected as a result of what we learn from the Inquiry."

Lady Smith commented: “Protection of the innocence and wellbeing of children is of fundamental importance to a healthy society. The duty of institutions entrusted with the care of children to afford that principle the highest priority is indisputable.

“Sadly, many children placed in residential care in this country have, over a period stretching back years, not been afforded the protection they deserved. Their voices now require to be heard and questions of when, where, how and why it happened require to be fully addressed.

“Consideration also needs to be given to determining whether further changes in current practice, policy or legislation are required to ensure children in care in Scotland are protected from such abuse. Real efforts must be made to try to effect healing, repair, restoration of dignity and hope for the future. It is, accordingly, very important that the work of the Scottish Child Abuse Inquiry continue and it is for these reasons that I welcome the invitation that has been extended to me by the Deputy First Minister and have today given my commitment to being its chair.”