The Bichard and Kelly Inquiries into matters related to Ian Huntley and Soham Murders
CABINET
| DATE | 13th December 2004 |
| REPORT OF | Executive Director – Community Care |
| SUBJECT | The Bichard and Kelly Inquiries into matters related to Ian Huntley and Soham Murders |
| STATUS | Open |
| FORWARD PLAN REF NO. | CC 10/04/2 |
| EXECUTIVE SUMMARY
The Report summarises two recently published reports into child protection issues in respect of Ian Huntley and his contacts with a number of girls and young women in North East Lincolnshire during the 1990s. Because of the circumstances of Huntley’s murder of Holly Wells and Jessica Chapman both reports attracted national interest. The reports concluded that there were significant failings in the way that the Social Services Department of this Council discharged its duties towards the young people concerned. |
| RECOMMENDATIONS
That Cabinet note the content of the report. |
| REASONS FOR DECISION
Monitoring of the Serious Case Review Action Plan is being undertaken by the Area Child Protection Committee and the Commission for Social Care Inspection |
1. BACKGROUND AND ISSUES |
| 1.1 On the 17 th of December 2003 Ian Huntley was convicted of the murder of Holly Wells and Jessica Chapman. In the days following the ending of the criminal trial three enquiries were set up into the events that had led to the murders and the subsequent conviction of Huntley. The enquiries were commissioned against a backdrop of widespread public disquiet that had arisen when it had become clear that Huntley had been known to the authorities over a period of years for a string of alleged sexual offences. |
| 1.2 The three inquiries were:-
a) An inquiry commissioned by the Home Secretary and led by Sir Ronnie Flanagan of Her Majesty’s Inspectorate of Constabulary into the handling of the Soham murder investigation by the Cambridgeshire Constabulary. b) An inquiry again commissioned by the Home Secretary and chaired by Sir Michael Bichard with the brief of:- ‘Urgently to enquire into child protection procedures in Humberside Police and Cambridgeshire Constabulary in the light of the recent trial and conviction of Ian Huntley… In particular to assess the effectiveness of the relevant intelligence based record keeping, the vetting practices…and information sharing with other agencies. c) A serious case review commissioned by North East Lincolnshire Area Child Protection Committee under the terms of Part 8 of Working Together and led by Sir Christopher Kelly. This review was asked to examine the way in which the statutory agencies discharged their functions in respect of Ian Huntley and the young women from North East Lincolnshire with whom he had a relationship or sexual involvement in the period between 1995 and November 2001. |
| 1.3 All three inquiries resulted in the publication of reports in the summer of this year. The first inquiry by Sir Ronnie Flanagan did not concern North East Lincolnshire as it was purely concerned with events post the murders of Holly and Jessica. The Bichard Inquiry given its terms of reference tended to focus on the two police forces concerned. However, as it was also charged with issues of ‘information sharing with other agencies’ it was inevitable that aspects of the performance of the Social Services Department would be scrutinised. The Serious Case Review by Sir Christopher Kelly had as its focus the performance of the constituent agencies of the North East Lincolnshire Area Child Protection Committee but especially those that had most contact with Huntley or his victims; the Police and Social Services. As such there were significant areas of overlap between the Bichard and Kelly inquiries. Both were concerned with events prior to the murder of Holly and Jessica and the performance of agencies within North East Lincolnshire namely, Humberside Police, the Social Services function of North East Lincolnshire Council and its predecessor authority; Humberside County Council. |
| 1.4 The inevitable areas of overlap were acknowledged by Sir Michael Bichard and Sir Christopher Kelly.
‘It is not for me to reach conclusions about Social Services’ handling of the early contacts with Huntley. This is a matter for Sir Christopher Kelly’s Serious Case Review. I have, however, referred to him my misgivings about several aspects of these contacts.’ (Bichard para 16) ‘Although our main focus is different, there is some overlap between Sir Michael Bichard’s terms of reference and our own. We have tried to deal with that sensibly and to keep duplication to the minimum necessary to a coherent narrative. The two reviews shared information and kept each other in touch with emerging findings as our separate enquiries progressed.’ (Kelly para 3) |
| 1.5 Because of this co-ordination the two reports are very much complementary and arrive at similar conclusions where areas of interest coincide. |
| 1.6 Despite this congruence of conclusion the methodology of the two inquiries was somewhat different. The Bichard Inquiry conducted its business in public with organizations and individuals submitting documentation which was then published on the websites. Over 50 individuals gave public, oral evidence to the Inquiry including two officers of this authority. Again all transcripts of oral evidence were published on the website. |
| 1.7 The Kelly Serious Case Review conducted its business somewhat differently (as would be expected from a Serious Case Review). It read significant amounts of documentation and conducted interviews with some key individuals. Because of the methods of enquiry, their subject matter and their profile both inquiries absorbed a considerable amount of officer time during the earlier part of this year. |
2. Conclusions of the Bichard and the Kelly Inquiries |
| 2.1 The conclusions of Bichard and Kelly in respect of the Social Services involvement with Huntley and his victims in North East Lincolnshire are essentially that the agency failed to discharge its child protection functions adequately and to a standard that the public would have a right to expect. These conclusions arise from an examination of Huntley’s contacts with six young women or girls and the response of social services to those contacts. In some cases it is difficult to be precise in relation to the specific actions of the agency as the paper case files have been destroyed in accordance with the policy of weeding closed files after a period of time. However, other evidence, in particular retained computer records and the records of other agencies, notably the police, enabled a fairly detailed view of events to be arrived at. |
| 2.2 The criticisms of the handling of the cases by social services vary from case to case. The following may be described as the key failings by social services:- |
| Failure to make connections between the various cases. This is perhaps the fundamental failing. Cases were dealt with on an individual basis without any overall picture of Huntley’s predatory activity being built up and acted upon.
Failure of staff to communicate with each other about Huntley and his activities. This is perhaps best illustrated by a fax sent from Immingham school to social services stating that Huntley was having sex with two girls. Staff in two social services offices who were dealing (separately) with the two girls concerned did not communicate with each other over the contents of the fax. Failure to refer cases of USI (unlawful sexual intercourse with persons under the age of 16 years), including those mentioned in the fax (above) to the police. Failure to follow up with any sort of any rigour reports that a young woman below the age of sexual consent was living with Huntley. Failure to engage the police in the above case Flawed decision making in respect of a girl aged 11 years who alleged Huntley had sexually assaulted her. The social services staff involved with this matter simply and wrongly, viewed the case as a criminal rather than a child welfare matter and did not visit or interview the girl concerned. Failed to act appropriately when both Huntley and the young woman concerned admitted to having a sexual relationship, instead the social services staff concluded that there were ‘no significant welfare concerns’. |
| 2.3 These failures are perhaps best summed up in Sir Christopher Kelly’s words:-
‘The standards of care offered to a significant number of the young people who have been the subject of this review were less than adequate. There was poor decision making in a number of cases. There were significant shortcomings and inconsistencies in the way information was shared between some of the agencies, particularly social services and the police; and some of the connections which could have been made to identify a pattern in Ian Huntley’s behaviour were missed.’ (Kelly Report para 229. |
| 2.4 These failures are alluded to in the Bichard Report but are analysed in much greater depth in the Kelly Serious Case Review. In relation to the events in North East Lincolnshire the Bichard Inquiry is concerned to establish the facts and to pass on to the Kelly Serious Case Review any concerns that those facts give rise to. The focus of the Kelly report is very much on not just the events themselves but on the context within which the events occurred. The Serious Case Review is not only concerned with the ‘what’ in relation to events but also with the ‘why’. |
| 2.5 In relation to the context of events Sir Christopher Kelly’s report has some incisive comments to make:-
‘Shortcomings in practice do not happen in vacuum. What looks like an individual failure can often reflect system failure and inadequate leadership, support or oversight by senior managers…Senior managers of the social services department, and elected members of the Council, must take a great deal of responsibility for the poor response of the child care services for which they were responsible during the period under review. (Kelly Report para 147) ‘The department was characterized by frequent changes of senior management, lack of clear direction, budget cuts, large numbers of job vacancies, increasing workloads, poor morale and inadequate supervision.’ (Kelly Report para 21) |
| 2.6 An important function of a Serious Case Review is to make recommendations to the Area Child Protection Committee and constituent agencies in order that child protection services can better fulfill their responsibilities. However, this Serious Case Review is unusual in the time interval between the events with which it is concerned and the publication of the report. This time gap means that recommendations that may have been made in the late 1990s are no longer relevant or necessary today. This will be particularly the case if conditions have significantly changed in the interim. |
| 2.7 Sir Christopher Kelly is clear that there are significant differences between then and now.
‘Since 1995 many things have changed in North East Lincolnshire, in particular in relation to child care services. They have a largely new senior management team; and since 2003 they have no longer been subject to special measures. The Social Services Inspectorate Inspection of children’s services in 2003 found ‘clear evidence of marked improvement in many key areas’. Child protection systems were up to date, designed to effectively protect vulnerable children and young people.’ (Kelly Report para 14) |
| 2.8 Despite this acknowledgement of the profound changes in the intervening years the Kelly Serious Case Review does make recommendations.
There are nine recommendations to the Area Child Protection Committee and three to central government. The nine to the Area Child Protection Committee are essentially about ensuring that the changes alluded to above are fully embedded in constituent agencies. The three recommendations to central government are concerned with the need for policy on extra familial abuse, the retention of records and aspects of electronic child care records and their ability to be searched for information on perpetrators. |
| 2.9 The Area Child Protection Committee has accepted Sir Christopher Kelly’s report and his recommendations. An action plan has been compiled to monitor the implementation of the recommendations. This action plan is, in turn, monitored by CSCI (Commission for Social Care Inspection) to ensure completion. |
3. Conclusion |
| 3.1 The events with which Bichard and Kelly are concerned do not reflect well on North East Lincolnshire social services. As Sir Christopher Kelly points out – ‘There are not many people who come out of the events we have described with a great deal of credit’. However, much has changed in the period since these events took place. The Kelly and Bichard Inquiries may well have been necessary to establish the facts about Huntley prior to his employment at Soham College and to point out the failings of a raft of systems, processes and individuals. What they did not do (as acknowledged by Sir Christopher Kelly) is tell us much about the functioning of North East Lincolnshire social services at the time that was not already known. |
| 3.2 However, the impact over the last few months of these matters on the authority, its reputation and some individuals has been significant. The lessons learned can help to ensure better child protection processes locally and nationally. |
4. CONSULTATION WITH SCRUTINY
4.1 The Report is also being presented to Child Care and Adult Services Scrutiny Panel for their consideration on 23rd December 2004.
5. FINANCIAL IMPLICATIONS
5.1 No financial implications arising directly from the recommendations in this report.
6. LEGAL IMPLICATIONS
6.1 The Council should ensure it does all it can as the Lead Agency on the Area Child Protection Committee that the findings of these Inquiries as it relates to Child Protection in North East Lincolnshire are carried out.
7. HUMAN RESOURCES IMPLICATIONS
7.1 HR have put a number of actions into place in response to the inquiry and following research will make further recommendations.
8. WARD IMPLICATIONS
None
9. BACKGROUND PAPERS
The Serious Case Review (NEL) – ACPC
The Bichard Inquiry Report – HMSO (HC657)
10. CONTACT OFFICER(S)
Martin Eaden, Deputy Director Child Care
Paul Cordy, Service Manager Performance
JULIE OGLEY
Executive Director Community Care

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