O'Brien resigns from child abuse inquiry as removal process loomed

Susan O'Brien QC today resigned as chair of the Scottish Child Abuse Inquiry, as Deputy First Minister John Swinney confirmed that he had written to the Scottish Parliament advising that he had initiated a formal process which could have led to her removal from her post.

Ms O'Brien has accepted that she made comments that an expert in child abuse trauma considered to indicate, in the words of the Scottish Government statement, "a belief system that is incompatible with the post of chair of such an inquiry; to be offensive to survivors and to lack any context in which they could be viewed as acceptable". However she mantained that the comments were "acceptable in the context in which they were made".

Made at a training session in February for inquiry team members, the comments were taken by the expert, Dr Claire Fyvie, as downplaying the seriousness of abuse, and while she acknowledged that they appeared to be "well-intentioned" as an apparent attempt to lighten the mood, she considered that "they are totally unacceptable and indicate a belief system that is incompatible with the post of chair of a child abuse inquiry".

Dr Fyvie's organisation had been retained by the inquiry to advise on matters such as language, communication strategy, protocols and processes, but she maintained that its efforts were being "significantly compromised", largely due to Ms O'Brien's attitudes including unilateral decision taking without reference to colleagues or consultants.

Mr Swinney said he had set in motion a statutory process that included a formal procedure of evidence gathering and the opportunity for the chair to explain events. In light of Ms O’Brien’s resignation, the process had now been superseded and in line with his duty of transparency, he had written to the Parliament’s Education & Skills Committee providing details of the case.

The committee is expected to carry out its own investigation.

A letter from counsel to the inquiry, Colin MacAulay QC, on behalf of the chair and panel members, totally rejected Dr Fyvie's comments and called for them to be withdrawn, describing them as "defamatory and actionable" and the conclusions drawn as "totally unsustainable", but Dr Fyvie stood by her views.

In her resignation letter Ms O'Brien wrote to Mr Swinney: "Since you have approached the dismissal of a chair so casually, on the basis of misunderstanding and inaccurate allegations about my 'attitudes and beliefs', I have no confidence that you would not try to dismiss me again another time, even if you decide against dismissal now.

"This compromises my ability to carry out my duty to ask questions and reach conclusions fearlessly."

She insisted she would "never underestimate the gravity of child abuse".

Last week another member of the panel, Professor Michael Lamb. resigned alleging Government interference in the independent investigation, a matter strongly denied by ministers. The third member, Glenn Houston, remains a member of the inquiry panel and urgent steps are being taken to fill the vacant posts.

The inquiry is several months into an expected four year time frame, but concerns have already been expressed about delays to its timetable.

Mr Swinney commented: “Given the severity of [Dr Fyvie's] concerns, I felt I had a duty to initiate statutory proceedings which could have led to removal of the chair from post. Ms O’Brien’s resignation clearly now means that process has not been concluded and frees me to now share the facts of the case with Parliament. I am happy for a committee of Parliament to consider this matter and any claims made by the chair.

“This Government absolutely rejects any charges of interference in the independence of the inquiry. The issues that concern the Government are about having a robust independent inquiry that can operate without fear or favour, fulfilling our responsibilities set out in the Inquiries Act 2005 and other relevant legislation and ensuring that the chair’s departure has as little impact as possible on the progress of the work needed.

“These events have been very difficult for the team who are conducting the work of the inquiry. We will now initiate a process to recruit a new chair for the inquiry. We are confident that the inquiry staff will continue to deliver the highest quality of work and the Scottish Government will always remain focused on supporting them as they work on behalf of abuse survivors.”

Correspondence released by the Scottish Government can be viewed via this link.