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42.01  In this chapter we deal with alleged sexual abuse of children in care in four foster homes in Gwynedd. In the first two of these, however, Clwyd was the placement authority. Whilst Gwynedd agreed to undertake supervision in both cases the statutory responsibility for the care of the two relevant children remained with Clwyd County Council throughout.

  42.02  The Tribunal has received in evidence statements from complainants in respect of only two of the foster homes but we have had access to the social services files, complainants' statements and Court records in respect of the other cases. For the sake of completeness, therefore, we have included all four cases but we do not make any findings against alleged abusers, except those who have been convicted of the relevant offences.

Malcolm Ian Scrugham

  42.03  Foster child A was born in Clwyd on 29 July 1975 of a single mother and she was admitted to care at a very early age. Her mother married later and had two further children but she separated from her husband and all three of her children were in care. The NSPCC were involved with A early on and she was made the subject of a Place of Safety Order when she was ten months old, followed by an interim care order. Subsequently a supervision order for three years was substituted, with the unusual condition that she should remain in voluntary care; and she continued in voluntary care when the supervision order ended.

  42.04  A was first fostered in Clwyd from August 1976 to October 1984 with a couple who lived at Old Colwyn. From about 1980, when it became clear that A's mother was unable to offer her a home, the aim was that she should be adopted by this couple but there were financial problems about this in the absence of an adoption allowances scheme. Although there had been some complaints about the foster home by others in the late 1970s, A seemed to be well settled there and the home was regarded as warm and caring. Then, in August 1984, the foster parents announced their intention to emigrate to South Africa without A; they said also that the foster mother was taking a college course and could not, therefore, cope with A. Their proposal was that A should be placed with their friends, Malcolm and Maria Scrugham, who had moved from Old Colwyn to Bala in 1982.

  42.05  A was actually placed with the Scrughams by her first foster parents on 20 October 1984, without authority, and she remained in their household until April 1993, by which time she was pregnant by her boy friend and wished to move to her own accommodation. The Scrughams had two children of their own living with them: a boy born on 4 July 1979 and a girl born on 16 November 1981.

  42.06  It was on 5 June 1992 that A's complaint of sexual abuse by Malcolm Scrugham first became known to a Clwyd family placement worker. A's allegation (initially made to two friends) was that she had been abused from the age of 11 to 14 years by Scrugham. Two months previously she had told the same social worker that Scrugham had been buying underwear for her.

  42.07  The alleged child abuse was reported to the police and a full investigation ensued. A made four statements to the police, the first on 9 June 1992; and a Child Protection Case Conference was held on 24 June 1992 at Bala, at which A's status (in voluntary care) was clarified. She was interviewed also on 9 July 1992 by a Clwyd Child Care Manager, who saw her alone, despite Maria Scrugham's protest, and who made it clear to A that she was free to discharge herself from care and leave the foster home, if she wished to do so. By this time Maria Scrugham had petitioned for divorce and had said that she would never allow her husband, who was on police bail to an address in Somerset, to return to the home. A chose to remain with her.

  42.08  In her statements to the police A alleged that Scrugham had begun to assault her sexually from about January 1987 and that she had been subjected to full sexual intercourse on a regular basis until she was 14 years old. She had then begun crying and resisting and there had been no sexual contact between them since. Intercourse had taken place mainly in Scrugham's car when he had taken her out in it after she had been punished by his wife. It had also occurred in the house on at least two occasions. Additional allegations were that Scrugham had forced A to perform oral sex with him regularly; that he had buggered her on one occasion; and that he had encouraged her to have sexual intercourse with two boy friends. She complained also of being given regular "hidings" by Scrugham as punishment for a variety of misdemeanours.

  42.09  On 23 April 1993, in the Crown Court at Caernarvon, Scrugham was convicted of four sexual offences against A, namely, rape when she was 11 years old, rape when she was aged between 12 and 14 years, indecent assault and one offence of aiding and abetting a boy friend of A to have unlawful sexual intercourse with her. He was convicted also of an indecent assault on the boy friend. Scrugham was then sentenced to a total of ten years' imprisonment.

  42.10  Whilst neither Clwyd nor Gwynedd social workers had any reason to suspect before June 1992 that A was being sexually abused by her foster father, there are grounds for substantial criticism of Clwyd and to a much lesser extent of their counterparts in Gwynedd.

  42.11  Before A was left by the first foster parents with the Scrughams on 20 October 1984, A had become well known to the Scrughams because she had spent holidays with them during the preceding two years. The Scrughams' home was visited by a Gwynedd social worker on at least two occasions in August 1984 (once accompanied by a representative of the family placement unit). A report written by the social worker and dated 22 August 1984 expressed some concerns about conditions in the foster home. The Scrughams' general practitioner also had some reservations and declined to provide a reference. The report and other reports about the couple were supplied to Clwyd, making it clear that it was for Clwyd to decide whether or not to approve the foster parents for the placement of A. In the event, however, the Scrughams were never formally approved as foster parents, despite the fact that Clwyd purported to be "monitoring the situation closely". Gwynedd agreed in February 1985 to complete the standard Form F application form but in November 1985 the Dolgellau Area office was still seeking clarification from Clwyd of the Scrughams' status. Moreover, Clwyd took no steps to rationalise and secure A's own status (ostensibly in voluntary care) when they were aware of problems and knew that her mother could not be traced.

  42.12  Although Gwynedd agreed to undertake supervision of A after her transfer to the Scrughams the arrangement appears to have faltered by 1987. Complaints of inappropriate punishment of A in October 1985 were properly investigated by Clwyd and Gwynedd social workers; and statutory review forms in 1986 were being submitted by Gwynedd to Clwyd for completion and signature. But it seems that there was a breakdown in visiting in the course of 1987. Thus, on 7 January 1988 Maria Scrugham told a Clwyd social worker who visited her that day that she had not seen a Gwynedd social worker since the former's previous visit in June 1987, despite a statement by him in the January 1988 review form that there had been visits by Gwynedd in July, August, October and December 1987.

  42.13  In December 1988 Gwynedd wrote formally to Clwyd to confirm an earlier intimation that it was unable to continue supervising A because the responsible social worker was leaving (the child care team was fully stretched). This followed immediately upon a letter to Clwyd from the social worker reporting concerns expressed by a local general practitioner at Bala about conditions in the foster home and the presence there of a homeless young man. There is no evidence before us, that either Clwyd or Gwynedd investigated these concerns.

  42.14  In 1989 the possibility of Clwyd assuming parental rights in respect of A was again mooted but it was not pursued because in July 1989 the Scrughams said that they wished to adopt A. At that stage it was agreed that adoption was in A's best interests and that a Clwyd family placement/adoption worker should hold the case pending adoption. It remained with her until June 1992, at which point a Rhyl Area social worker was about to be nominated to take over supervision of A. The proposed adoption had not proceeded, partly because of Scrugham's stroke and two heart attacks in 1991 but more importantly because of A's change of mind by February 1992.

  42.15  On 1 June 1992 Malcolm Scrugham telephoned the Rhyl duty social worker to say that A had been absent overnight and it was on 5 June 1992 that it was reported that she had made allegations of sexual abuse by Scrugham. In her statements to the police A said that Scrugham had tried to stop her going out with her boy friend since February 1992.

  42.16  This history demonstrates that there was a regrettable failure by Clwyd Social Services Department to grasp hold of A's case and make effective long term plans for her. They took no steps to secure A's legal position either when it first became apparent that her mother could not care for her or in the summer and autumn of 1984 when she was, in effect, abandoned by her first foster parents after eight years with them. The breakdown of this long standing placement, together with reservations about the suitability of the Scrughams' home and the concerns expressed subsequently in 1985 should have underlined the need for a thorough-going reassessment of A's needs leading to a long term plan for her future. Instead, the unsatisfactory placement with unregistered foster parents was allowed to continue, apparently without any positive decision making at an appropriate level.

  42.17  It is noteworthy also that sexual abuse took place at a time when supervisory visits appear to have lapsed. Clwyd failed to take over close supervision when Gwynedd ceased to undertake it, even though the Clwyd social worker and her seniors identified what needed to be done and the responsibility for supervision rested upon Clwyd and not Gwynedd. It cannot be said with confidence that the sexual abuse would have been disclosed when it was occurring if the Boarding Out Regulations had been strictly complied with but the possibility of disclosure would have been greatly increased by such compliance.

  42.18  It is pleasing to record that, despite A's misfortunes, she performed consistently well at school, both scholastically and socially, and was never in trouble with the police. She progressed to secretarial college and was then able to secure part-time employment.

Foster home B

  42.19  The girl E, born on 27 December 1974, whose escapade at Butlins Holiday Camp on 2 September 1988 led to the Park House Inquiry that year[553], complained in her statement to the police made on 8 October 1992, which was read to the Tribunal, that she had been sexually abused by her male foster parent when boarded out with Mr and Mrs B between 1986 and 1987.

  42.20  E had been admitted to care for a month or so at the age of nine years after complaining to the police that she had been sexually abused by a step-brother and the nervous breakdown of her mother. She and her mother had then stayed in Eire with E's grandmother before she was placed in 1984 at Park House, where her first stay lasted about two years. She was then boarded out by Clwyd County Council with Mr and Mrs B at Conwy in Gwynedd between 1986 and 1987; and Gwynedd agreed to supervise the placement.

  42.21  In her statement to the Tribunal made on 4 November 1996 this witness added nothing to her 1992 police statement about her period in foster care with the Bs. We have before us, therefore, only her bare allegations that she left the Bs after a year as a result of being sexually abused by Mr B and that she complained to the police but believed that no action was taken because it was her word against his.

  42.22  Detective Superintendent Ackerley of the North Wales Police, who was in charge of the major police investigation between 1991 and 1993, confirmed in his oral evidence to the Tribunal that E had complained in or about 1987 that she had been sexually abused by Mr B. From the sparse surviving documentation he was able to say that the complaint had been investigated by the police: it appeared that no prosecution had followed in the absence of any corroboration.

  42.23  The Tribunal received in evidence a statement from Mr B in which he vehemently denied E's allegations. He referred to E's persistent demands to return to Park House, where she had a particular friend, with whom she enjoyed dancing; and he quoted a social work report praising the progress E had made with the Bs. He gave an account also of what had happened on the day when E alleged that the sexual abuse had occurred: he had been detained by the police the following day and questioned for a considerable time before being released on bail. He was told later by his solicitor that the matter was closed.

  42.24  We cannot usefully comment further on this matter save to say that:

(a)  there is no sufficient evidence before us to support a finding that Mr B did abuse E;

(b)  we have not seen or heard any evidence to justify criticising either Clwyd or Gwynedd Social Services Department in relation to this placement.

Foster home C

  42.25  Four children were placed on 22 October 1979 with Mr and Mrs C as foster parents at Caernarvon. They had been received into care on 22 January 1979, on the breakdown of their parents' marriage, and were then aged from two years to nearly 11 years. Three of them went initially to Queens Park for a month but they then joined the oldest child at Y Gwyngyll, where they remained until they were fostered by the Cs. They were made the subject of care orders in matrimonial proceedings on 24 April 1980.

  42.26  The foster child with whom we are principally concerned, C1, was the only daughter of her natural parents, born on 19 May 1970, and she remained with the Cs for four years until 14 October 1983. Mr and Mrs C had four other children living at their home during that period but their status is unclear.

  42.27  C1 was a vulnerable girl who had received speech therapy for language difficulties. It emerged later that she and her brothers had been subjected to sexual abuse before they were admitted to care.

  42.28  In her oral evidence to the Tribunal C1 alleged that she was sexually abused by the eldest of the other children in the foster home, X, who was a teenager. The abuse occurred over several months at the end of her placement with the Cs and began when X came to her bedroom when she was in her nightdress, put his hand over her mouth and told her to go to his bedroom. X had intercourse with her then in his room and this occurred on three occasions in all. C1 was frightened of X because he had previously "belted" her youngest brother and she thought that he might do the same to her. On the second occasion X said he would not "do it" again but the third time he was drunk.

  42.29  C1 told two friends at school after the third occasion and they encouraged her to tell a teacher. Mrs C was then called to the school and she reported the complaint to Social Services late in the afternoon of 14 October 1983. A home visit was made that evening by a social worker, who also interviewed C, and X subsequently admitted that sexual intercourse had occurred. We have not been told who reported the matter to the police but a prosecution ensued and on 11 May 1984 X, who was then 19 years old, pleaded guilty to unlawful sexual intercourse with C1 when she was under 16 years old. He was fined £100.

  42.30  C1 did not return to the foster home after complaining to the teacher, who accommodated her overnight. After spending the following two nights at Ty Newydd, she was placed in a second foster home before being reunited with her younger two brothers in February 1984 at Ty'r Felin, purportedly for assessment. The eldest brother had left foster home C on 25 January 1981. In all C1 was the subject of eight placements but she and her youngest brother were eventually adopted by their last foster mother just before C1's 18th birthday.

  42.31  We heard other complaints about foster home C from C1 and her older two brothers, born in March 1968 and June 1969 respectively, whose statements were read to the Tribunal. Their complaints were directed mainly against another foster daughter in the household, Y, who was born in or about 1969. C1 and her two brothers complained of sexual assaults and indecent behaviour by Y as well as persistent bullying and cruelty by her. The younger of the two brothers complained also of bullying by X.

  42.32  C1 did not allege that she made any complaint to the foster parents or to a social worker about Y's conduct. She did not feel that she had an opportunity to complain to the latter because she was only alone with the social worker during visits when Mrs C made tea. The eldest brother did complain of Y's bullying to his social worker, Peter Hibbs, after he had run away to Y Gwyngyll on 3 December 1980. The complaints were investigated by Hibbs, despite his view that the boy was an inveterate liar, but they were not supported by C1 or his younger brother and were denied by Y. Mr and Mrs C then said that his complaints were the last straw and asked that the eldest brother should be removed. They were persuaded to allow him to stay with them over the Christmas period and he moved to Ty'r Felin on 25 January 1981, where he remained until August of that year, when he was placed at a residential school in Cwmbran.

  42.33  The younger of the two older brothers of C1 also alleged that he had complained to a social worker and that nothing was done about it, but he was unable to recall the latter's name and there is no documentary record to support his assertion. He said also that he had complained to Mr and Mrs C but that nobody took any notice.

  42.34  The Tribunal were unable to trace Mr and Mrs C or X or Y.

  42.35  It is clear, in our judgment, that C1 did suffer sexual abuse at the hands of X, as he admitted. It is likely also that all three complainants were subjected to bullying by Y but without fuller oral evidence we could not reach any satisfactory conclusion about the nature and extent of that abuse, bearing in mind her age at the time in relation to the ages of the complainants.

  42.36  We have not seen sufficient documentary evidence to enable us to assess with confidence the quality of care provided by the Social Services Department during the period when C1 and her brothers were fostered with Mr and Mrs C but C1's file suggests that it was poor. It was difficult to determine from that file the actual frequency of visits to the foster home but recorded visits when C1 was reported to have been seen were at very irregular intervals. Moreover, there were complaints on the file from Alison Taylor about the lack of basic information provided to Ty Newydd on C1's admission and later by an SRCCO at Ty'r Felin about the unprofessional manner of her admission to that community home without any proper introduction by the social worker.

Foster child D

  42.37  This foster child, who was born on 8 February 1974, was received into care on 3 January 1979. Her early history is not clear from the documents available to us, but she was the child of a broken home and her mother lived in Menai Bridge. At the age of about two years she was wrongly diagnosed as autistic but it was later inferred that she had suffered emotional damage when she was very young with the result that she was "slightly backward" at the age of nine years.

  42.38  From 26 June 1980 onwards D's period in care was spent mainly with four successive pairs of foster parents until 6 September 1991, after which she went to approved supervised lodgings until she was discharged from care. There was, however, a break in the fostering of about two years, between 12 December 1984 and about December 1986, during which period she was placed at Ty Newydd community home in its last phase as such.

  42.39  D alleged that she was subjected to sexual abuse in the first and last of her four foster homes (she alleged also one act of physical abuse by a male member of staff at Ty Newydd[554]). Her first foster placement was with a couple who lived in a small village in Anglesey, a few miles from Menai Bridge. She stayed with them from 26 June 1980 until 12 February 1982, leaving immediately after her eighth birthday. D's allegation was that she was sexually abused then by the eldest son of the family by indecent touching and by making her rub his penis and put it in her mouth. She said, however, that the boy neither hurt her nor penetrated her with his fingers or penis and that the abuse occurred when the foster parents were out.

  42.40  This alleged abuse first came to light in December 1982 after D's second foster mother had become concerned that D was sexually disturbed and had questioned her. The foster mother reported the matter to D's social worker and the police were informed. D was interviewed by police officers on 10 and 15 December 1982, when she confirmed her allegations. There was difficulty in tracing the alleged abuser, who was by then 20 years old, but, when he was seen, he denied D's allegations emphatically. The view of the Woman Detective Constable who investigated the case was that D might have witnessed "perhaps in vision only" some form of indecency but that, due to vigorous questioning by the second foster mother, the matter had been greatly exaggerated. No prosecution was instituted.