SURVIVORS of abuse at a County Durham approved school faced a “frustrating, hostile and ultimately futile” legal battle for justice, an inquiry has found.
A report published by the Independent Inquiry into Child Sexual Abuse criticised Middlesbrough Council for handling compensation claims from victims at Stanhope Castle Approved School, which closed in 1981.
It added that in 1999, a report of child sexual abuse was made to Durham Constabulary but, as they accepted in their evidence, it was not properly investigated.
During 15 days of public hearings, the inquiry heard from 40 witnesses including insurance brokers, lawyers, police officers and survivors.
Stanhope Castle School was one of five key case studies considered by the national inquiry.
While some survivors said no amount of money could make up for what they had been through, others wanted financial compensation to recognise the abuse and to compensate for lost education or unfulfilled careers.
Many simply sought acknowledgement or an apology from the institution where the abuse took place, while others spoke of having their “day in court”.
Middlesbrough Council which became liable for Stanhope Castle after the abolition of Cleveland County Council in 1996, received 33 civil claims relating to physical and sexual abuse at the school.
The report criticises the council’s failure to settle these claims and its reliance on limitation periods – a time limit within which claims have to be made – as a defence against victim’s claims for compensation.
The report said: “We accept that, when faced with a group of claims by victims and survivors of Stanhope Castle, the council was obliged to consider the financial implications of the litigation.
“However, insufficient consideration was given to the role of the council as a corporate parent with past and present child safeguarding responsibilities.
“It was always open to the council to settle the claims rather than defend them on the grounds of limitation. Not doing so is even more difficult to understand given that, on the evidence available to us, the council had the means to pay.”
Middlesbrough Council has always maintained that its inherited liability position in relation to Stanhope Castle School “differed considerably from those of other local authorities considered by the inquiry”.
A council spokesman said: “We will consider the findings published today by the inquiry and assess any implications for the council.
“We will of course continue to support and show compassion for the victims of child sexual abuse.”
Lawyer David Enright, of Howe & Co Solicitors, who represents eight Stanhope School survivors said: “Sadly Middlesbrough Council have flatly refused to engage with us in relation to even discussing a holistic reparations scheme for children who were abused at this approved school.
“The inquiry has already announced they will be holding stage two hearing which will be considering whether the law of limitation should apply to claims of historic child sexual abuse and whether a reparations scheme should be established.
“We will certainly be raising the behaviour of Middlesbrough and it will be for them to answer.”
A Durham Police spokesman said: “We have cooperated fully with the inquiry and take on board the comments and learning points.
“Over recent years, significant improvements have been made to the way non-recent abuse allegations are investigated, and the force remains wholeheartedly committed to supporting survivors of abuse.
“The force has provided a written apology to the victim who disclosed abuse allegations to us in 1999 for our investigative failings at that time.
“The police investigation into abuse of those who attended Stanhope Castle Approved School is ongoing, with officers continuing to work with those who have reported abuse.
“We would like to reassure the public that we take all allegations of abuse of this nature, both present and non-recent, extremely seriously. We would urge all victims and survivors of abuse to come forward and speak to us.
“It does not matter when the abuse happened or who your abuser was – what is important is that you get the help and support you need and that any perpetrators are investigated and brought to justice.”
The report makes eight recommendations to help improve redress processes, including increased signposting of criminal and civil compensation and a national register of public liability insurance policies.
Professor Alexis Jay, chair of the inquiry, said: “For victims and survivors of child sexual abuse, the suffering does not stop when the abuse ends. In our investigation we found that the criminal and civil court proceedings for redress can be frustrating, hostile and ultimately futile.
“Many are left retraumatised and deeply unsatisfied with the often lengthy and confusing litigation. Equally concerning is the lack of clear signposting for the compensation and support which survivors could be entitled to.”
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