Child Abuse Survivors Still Face Obstacles Years After Inquiry Recommendations

Keith Levell was disbelieved as a child when he first attempted to report the severe sexual abuse he experienced at boarding school. He subsequently remained silent for nearly 30 years before eventually reporting it to law enforcement. Although his abusers from a Worcestershire school were imprisoned last year, his current struggle involves seeking financial redress for the suffering he has endured throughout his life. Mr. Levell, now 67 and residing in Plymouth, is one of thousands of child sexual abuse survivors in England and Wales who, according to experts, are being let down by the government because crucial recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) remain unfulfilled. The inquiry issued 20 recommendations upon its conclusion in 2022, including the establishment of a redress scheme and the abolition of a law requiring victims to initiate legal action by the age of 21. Lawyer Peter Garsden, who advocates for financial redress for numerous victims, has contacted the Home Office to inquire why, more than two years later, no progress has been made. “It isn’t fair, the amount of hurdles that are put in their way – the law was never put in place with abuse victims in mind,” he stated. A spokesperson for the Home Office stated it is addressing the recommendations and is “committed to taking robust action to better safeguard children” and support survivors. The £200m inquiry, established following the Jimmy Savile scandal, conducted seven years of hearings, gathering testimony from tens of thousands of victims and survivors of child sexual abuse, spanning many decades. The recommendations were anticipated to facilitate claims for those who suffered, including the establishment of a government redress scheme, similar to the one in Scotland. Mr. Garsden noted that nationally, an average of two-thirds of compensation claims continued to be rejected. Mr. Levell was among numerous vulnerable young boys who suffered abuse for an extended period after being sent to Berrow Wood boarding school in Pendock, Worcestershire. It was a school for “maladjusted” pupils; however, in actuality, children placed there by local authorities, often from challenging home environments, fell victim to sadistic teachers and paedophiles. “Keith’s case and the abuse that he suffered is the most horrific string of events that I’ve ever come across in 30 years in specialising in this type of work,” said Mr. Garsden, the president of the Association of Child Abuse Lawyers. Mr. Levell, who opted to forgo his right to remain anonymous, witnessed the imprisonment of his abusers, Maurice Lambell and Keith Figes, in October 2023 for multiple assaults on him and eight other pupils. His traumatic experience commenced when he joined Berrow Wood at age 10 in 1968 and continued until his departure on his 16th birthday in 1973. “It was the house of horrors,” Mr. Levell told the BBC, during his initial visit to his former school since his departure. The imprisonment of his assailants provided a degree of closure, Mr. Levell said. “I’d just like someone to say sorry. Now that they’ve found that I’m not a liar,” he added. However, the pursuit of compensation for a lifetime of suffering represents his most recent challenge. Legislation concerning the limitation of action, which mandates that victims initiate legal proceedings by age 21 if the abuse occurred before they reached 18, results in the majority of claimants, like Mr. Levell, encountering an initial obstacle. Numerous survivors require years, and sometimes decades, to disclose their experiences. A consultation regarding the repeal of the limitation of action concluded in July, but modifications have not yet been put into effect. Mr. Garsden said he and Mr. Levell attempted to seek compensation via the Criminal Injuries Compensation Authority (CICA). However, in many cases, claims must be submitted within two years of reporting offenses to law enforcement, even though certain investigations require several years for completion. “Victims of abuse don’t get justice, because they’ve waited too long to do anything,” he said. “They’re punished twice.” Former home secretary Suella Braverman stated in May 2023 that a redress scheme, devoid of time restrictions, would be established, but added that it “couldn’t happen overnight”. Such a scheme would also provide compensation to abuse victims in instances where a school’s insurers cannot be located, or if the insurers assert non-liability. Insurers for Bryn Alyn children’s homes in Wrexham, where at least 19 pupils were abused by proprietor John Allen, asserted non-liability, citing that the school’s policy did not encompass criminal acts. As Allen managed the company operating the school, the insurance policy did not extend to his abuse due to his failure to disclose it. Six victims had previously been granted £200,000 in damages collectively in 2001; however, they did not obtain the funds as Allen’s company became insolvent. Tony, not his real name, testified against Allen during his trial and also discussed his abuse at the IICSA inquiry. He secured £16,000 from the Criminal Injuries Compensation Authority, but only following an initial rejection. He had hoped the IICSA inquiry would offer an alternative path to justice for survivors, by simplifying the process of obtaining deserved compensation and recognition. “A lot of survivors were expecting a lot from IICSA – not a miracle, but a way forward,” Tony said. “Nothing has happened.” Insurers have also not provided any payouts for ex-pupils of Wessington Court in Hereford, where headmaster Brian Eagles received a 12-year prison sentence for abusing boys. In 2004, 14 former pupils attempted to seek compensation, but the company that ran the school had entered liquidation several years prior. When Mr. Garsden eventually located the school’s insurers, the claim was unsuccessful. Establishing that the insurers had been appointed prior to 1973 proved impossible, and the policy did not encompass abuse by the school’s owner, as it was argued the owner should have disclosed his abuse during each annual renewal. This also explains Mr. Garsden’s desire for the implementation of mandatory reporting, which would legally obligate individuals in positions of trust to report any misconduct against children occurring within their organization. Should the IICSA recommendations be enacted, pupils of Wessington Court might be able to submit new claims. The government has also pledged to establish a child protection agency, intended as an independent entity to uphold best practices and advance reforms. In a statement, the Home Office said it was “committed to taking robust action to better safeguard children from child sexual abuse, learn from past failings, and ensure victims and survivors receive appropriate care and support”. Minister for Safeguarding, Jess Phillips, has also convened with Professor Alexis Jay, chair of the IICSA inquiry, along with survivors and child protection specialists, to advance progress, according to the statement. “We are working to ensure that all sectors, including front-line professionals, industry, civil society and with police, law enforcement and international partners, all step up and redouble their efforts to combat and safeguard children from this horrific crime.” Individuals impacted by this report can find a list of organizations offering support and advice on the BBC Action Line web page.