Susan O'Brien QC to chair historical child abuse inquiry

Scottish QC Susan O’Brien is to chair the statutory national public Inquiry into historical abuse of children in care, the Scottish Government has announced.

In a statement to the Scottish Parliament, Education Secretary Angela Constance confirmed that in addition to children formally placed "in care" in institutions, the inquiry will have an extended remit to include allegations of abuse in foster care, in long-term hospital care and in boarding schools.

A QC since 1998, Ms O'Brien has represented abuse victims and took a test case on time bar in historic claims to the House of Lords in 2008. Formerly a part time sheriff, she has been an employment judge for 15 years, is the only Scottish member of the Investigatory Powers Tribunal, and is a member of the Pensions Appeal Tribunal. She was the legal chair of a panel of three which investigated the death of baby Caleb Ness and Edinburgh Council's scial work depaartment in 2003. 

The Cabinet Secretary also announced that the Scottish Government intends to lift the three-year time bar on civil actions, including compensation claims for damages in cases of historical abuse that took place after 1964 – the cut-off under the Prescription and Limitation (Scotland) Act 1984. A consultation will be launched in the summer to examine how this can best be done.

In a further move designed to ensure survivors have access to the services they need, new funding of £14.5m for support services will be provided.

Ms Constance said: “Reaching a decision on the exact scope of the inquiry has been challenging, given the wide range of views, even among survivors. The remit cannot be so wide that survivors lose hope of the inquiry ever reaching clear, specific conclusions. I am mindful of the urgency of this last issue, given the age and health of some of the leading campaigners.

“The inquiry will examine any instance where a child was abused ‘in care’, at institutions including residential care provided by faith based organisations; children’s homes and secure care. The scope will also include those placed in foster care."

She confirmed that for the purposes of the Inquiry, "the term ’in care‘ will carry a broader interpretation beyond those formally placed in care by the state. It will include allegations of abuse affecting boarded out children; child migrant schemes; and school hostels and health care establishments providing long term care for children. Furthermore, I have also decided that independent boarding schools must be included. While parents were responsible for the residential placement of children in these institutions, I am of the view the state also had a responsibility to ensure a standard of care".

Ms O'Brien will start work on 1 July, and establish the inquiry by 1 October. Details of hearing dates will be made public, and an inquiry website will keep interested parties informed of progress. 

The panel will be required to take a human rights-based approach and to be inquisitorial rather than adversarial, to allow people with little experience of legal proceedings to engage with it.