witherwack house

Posted: Mon Jan 08, 2007 12:14 pm Post subject: witherwack house

Witherwack House Sunderland MEMORANDUM 44 Submitted by Chris Machell, Detective Chief Superintendent, Northumbria Police (CA 188) Operation Rose, an enquiry conducted by Northumbria Police into allegations of Historic Sexual and Physical Child Abuse within care homes throughout the North East of England, began in 1997. The investigation commenced after a woman in her twenties disclosed to a Social Worker, that she and a friend had both been subjected to Sexual and Physical abuse whilst they were residents in a Newcastle upon Tyne care home. After a multi-agency meeting between Police, Newcastle Social Services and the NSPCC, officers set out to fully investigate the claims. Initial enquiries revealed that six victims were alleging abuse by eight suspects who had been employed in a total of seven Care Homes within four Local Authority areas. Some of these allegations dated back to the 1960s. The investigation rapidly expanded to 10 victims and 20 Children's Homes. Following best practice established in other areas, Northumbria Police established that the only manageable way of developing the enquiry would be to seek information from a fixed proportion of residents in each of the Care Homes. Without revealing the nature of their investigations, the enquiry team wrote to 10 per cent of former residents, informing them that an enquiry had commenced into a Home at which they were once resident, and asking them if they had any information which might help. One third of the recipients replied either saying they had information or stating that they did not wish the police to contact them. The courts subsequently upheld the process, accepting that the letter simply sought information and did not make suggestions to the recipients. No complaints of malpractice were received and no allegations of collusion between victims has been upheld. In 1998, the enquiry was broadened to include renewed allegations concerning Carers working at Witherwack House, Sunderland, which had been subject to an earlier investigation in 1992. Six people were found guilty of a variety of charges and sentenced to a total of 20 years imprisonment, including one 12 month sentence suspended for two years. Three suspected died prior to trial. A number of cases were halted because the judiciary deemed that the length of time taken for the cases to reach court breached Article 6 of the Human Rights Act, which requires a hearing within a reasonable time. Many delays, however, occurred because of adjournments made at the request of defence lawyers and the courts themselves. One "fast track" case—which should have been heard in 96 days took 33 months to come to court, despite all necessary Police work being completed within the required deadlines. The final trial arising out of the Operation Rose investigation concluded in April 2002. All the agencies involved in the enquiry, including the Crown Prosecution Service and the counselling services provided for victims, have since reviewed the processes involved in the investigation. Some of the "Good Practice Pointers" have been summarised as requested and are attached to this letter. My views in relation to four of the five specific questions contained in the committee's press notice accord with those expressed by Mr Grange on behalf of ACPO. Question two is a matter for the CPS I believe compensation payments ANGRY people who claim they were abused as children in a Sunderland council-run care home say their compensation payments are set to be slashed. The alleged child abuse victims claim they could lose thousands of pounds each after being told they might have to pay court costs. Council lawyers had agreed out-of-court settlements of between £1,000 and £50,000 with 15 alleged victims. Darren Watts, 35, who lived at the house between 1982 and 1985, says he was promised £10,000 in compensation, but has now been told he might only get £7,000. He said: "What is the point in taking this kind of action if it is going to end up costing you at the end of the day? "I have battled for years to get this in the open. I have been through identification parades and it ends up taking a lot out of you. "Now, to be told that the £10,000 could be knocked down to £7,000 leaves me a bit cheesed-off to say the least." Mr Watts is part of a 60-strong group who claim their lives were ruined at Sunderland's now-demolished Witherwack House, and 24 other care homes across the region between 1960 and 1990. The council has denied liability for the allegations, which ranged from torture and rape to emotional abuse. Brian Clare, 35, who led the campaign for justice, says the decision to charge court costs has angered and upset many of the alleged victims. He added: "People are annoyed. They are fuming. For some of them it's like being knocked back to square one. "We have been fighting for 25 years and it has not been easy, so to be told this is a real slap in the face." Solicitor Brian Puech, of Sunderland-based company Richard Reed who represented many of the alleged victims, said: "The settlement was made on the basis that the other side pay the court costs, but they are entitled to object to that and say they don't want to pay them. "We are in the process of negotiations so we can arrive at a point when we reach some kind of suitable settlement." A spokesman at Sunderland Council added: "The matter is being dealt with by solicitors acting on behalf of the council's insurers and not the council itself. It would be inappropriate to comment any further." Three years ago, four ex-social workers at the home walked free, after a trial into claims of child neglect collapsed. A Newcastle Crown Court judge cleared them, after ruling that witness statements from events up to 20 years earlier could not be relied on. FIFTEEN people who claim they were abused as children in Sunderland council-run care homes have won thousands of pounds in compensation. Council lawyers have agreed out-of-court settlements of between £1,000 and £50,000 with 15 alleged child abuse victims, before a civil test case next week. They are part of a 60-strong group who say their lives were ruined at Sunderland's now-demolished Witherwack House, and 24 other care homes across Wearside and the North East between 1960 and 1990. Witherwack closed 10 years ago. The council has denied liability, and allegations expected to go before the judge next week range from torture and rape to emotional abuse. Solicitor Brian Puech, of Richard Reed, today said he was "optimistic" about getting similar settlements for another 45 claimants, after the 11th-hour deal. He said: "The council hasn't made a formal admission of liability, but the fact that they have settled the claims speaks for itself. "I'd say it's something they could've done some time ago, but didn't. "It's a pity it had to come as far as it has, but it's still very good news for these people. "Even if liability hasn't been admitted, it's a recognition that something went on that shouldn't have done." The current legal action - the largest of its kind in the North East - emerged after two care workers at Witherwack House were found guilty of child cruelty in 1993. Three years ago, four ex-social workers at the home walked free, after a trial into claims of child neglect collapsed. A Newcastle Crown Court trial judge cleared them, after ruling that witness statements from events up to 20 years earlier could not be relied upon. The cases of others who claim they were psychologically damaged in Sunderland Council care are still set to go ahead. Mr Puech said: "The others can be optimistic, though I don't want to raise their hopes too much." Since Witherwack House closed, there have been an independent inquiry and two police investigations into allegations of abuse in city council-run homes. A spokesman for Sunderland City Council said: "The hearing due to commence on February 24 at Newcastle County Court is no longer proceeding on the basis of settlements agreed. We are unable to comment further." 18 February 2003 "Fight for abuse 'justice' goes on" A SUNDERLAND man who has fought a tireless campaign to expose alleged abuse in Sunderland children's homes has won £25,000 in compensation, it was revealed today. And Brian Clare, 33, of Grindon, has vowed to continue his 18-year battle to secure "justice" for youngsters who claim they were physically and sexually abused at the city's now-demolished Witherwack House and other care homes. A 60-strong group of former children in care of Sunderland City Council in 1960s, 70s, and 80s launched civil damages claims for the physical, sexual and emotional abuse they say ruined their lives. Fifteen lead cases were due to be heard at Newcastle County Court this week, but, as the Echo exclusively revealed, the city council agreed to out-of-court settlements. The biggest pay-out to an individual abuse victim was £50,000 and the total paid to all 15 is around £200,000. The council has not admitted any liability. Another 45 cases are still waiting in the wings, but leading law firm, Stewarts, who specialise in personal injury law, now hope an across the board settlement will be reached. Mr Clare, one of the 15 victims who settled their cases, today vowed to carry on fighting for abused children across the country. Mr Clare said he was subjected to a catalogue of abuse in Witherwack House from 1979 to 1984 and added the settlement had left him disappointed that the full truth was not allowed to come out in a full trial. He said the cash meant "nothing" to him , and vowed to continue his battle for justice by helping others who have been abused to bring their cases to court . He said: "There is no such thing as justice for children who have been abused but I feel I have to carry on fighting for what I believe in." Mr Clare, who suffers from epilepsy and is unable to work, said: "All the money I have received is going to be spent on counselling for me after what I witnessed while I was in care of Sunderland City Council . "I still suffer from nightmares - this case became my whole life and it still is. I never had a life as a normal child, and it's difficult for me to have a life as an adult . "I would have liked to have had my day in court, but I have to acknowledge the debt I owe my family for giving me the strength to come this far." Other cases being dealt with by Stewarts concern a total of 23 care homes across the North East. Solicitor, Paul Middleton-Roy, said that, until the settlement, the city council had disputed all the claims - despite a d**ning "NSPCC report into the events at Witherwack House." 24 February 2003 Slap in face for abuse victims ANGRY people who claim they were abused as children in a Sunderland council-run care home say their compensation payments are set to be slashed. The alleged child abuse victims claim they could lose thousands of pounds each after being told they might have to pay court costs. Council lawyers had agreed out-of-court settlements of between £1,000 and £50,000 with 15 alleged victims. Darren Watts, 35, who lived at the house between 1982 and 1985, says he was promised £10,000 in compensation, but has now been told he might only get £7,000. He said: "What is the point in taking this kind of action if it is going to end up costing you at the end of the day? "I have battled for years to get this in the open. I have been through identification parades and it ends up taking a lot out of you. "Now, to be told that the £10,000 could be knocked down to £7,000 leaves me a bit cheesed-off to say the least." Mr Watts is part of a 60-strong group who claim their lives were ruined at Sunderland's now-demolished Witherwack House, and 24 other care homes across the region between 1960 and 1990. The council has denied liability for the allegations, which ranged from torture and rape to emotional abuse. Brian Clare, 35, who led the campaign for justice, says the decision to charge court costs has angered and upset many of the alleged victims. He added: "People are annoyed. They are fuming. For some of them it's like being knocked back to square one. "We have been fighting for 25 years and it has not been easy, so to be told this is a real slap in the face." Solicitor Brian Puech, of Sunderland-based company Richard Reed who represented many of the alleged victims, said: "The settlement was made on the basis that the other side pay the court costs, but they are entitled to object to that and say they don't want to pay them. "We are in the process of negotiations so we can arrive at a point when we reach some kind of suitable settlement." A spokesman at Sunderland Council added: "The matter is being dealt with by solicitors acting on behalf of the council's insurers and not the council itself. It would be inappropriate to comment any further." Three years ago, four ex-social workers at the home walked free, after a trial into claims of child neglect collapsed. A Newcastle Crown Court judge cleared them, after ruling that witness statements from events up to 20 years earlier could not be relied on. 02 December 2003 "Abuse claimants win compensation" The Witherwack children's home closed 10 years ago Former residents of a council-run children's home who claim they were abused have won thousands of pounds in compensation. Lawyers for Sunderland City Council have agreed out-of-court settlements of up to £50,000 each for 15 alleged victims, just days before a civil test case was due to be heard in Newcastle. They are part of a 60-strong group who say their lives were ruined at Sunderland's now-demolished Witherwack House, and 24 other care homes across Wearside and the North East, between 1960 and 1990. A spokesman for Sunderland City Council, which denies liability, said: "The hearing due to commence on 24 February at Newcastle County Court is no longer proceeding on the basis of settlements agreed." "Cases reviewed" The council took its decision following a recent Court of Appeal hearing, which extended the time limit given to adults who allege abuse occurred when they were children. Solicitor Brian Peuch said he was "optimistic" about gaining settlements for the remaining 45 claimants, whose files will now be reviewed by his legal team. He told BBC News Online: "Our other claimants' cases will be reviewed. If they were in homes where compensation has now been negotiated for others, we would be looking to get comparable compensation for them." The current legal action - the largest of its kind in the north-east of England - emerged after two care workers at Witherwack House were found guilty of child cruelty in 1993. Three years ago a trial into claims of child neglect at the home collapsed. A Newcastle Crown Court trial judge cleared four former social workers, after ruling that witness statements from events up to 20 years earlier could not be relied upon. Mr Peuch said: "The other claimants can be optimistic, though I don't want to raise their hopes too much." Since Witherwack House closed 10 years ago, there has been an independent inquiry and two police investigations into allegations of abuse in city council-run homes. "WITHERWACK ACTION" THE LEGAL case against four ex Two of the three defence solicitors in the case accused the prosecution of subjecting their clients to a harrowing public ordeal, during which the law stopped them publicly defending themselves when the facts did not support the charges. In their first public statements on the case, the solicitors hit out after the judge threw out child cruelty charges against their clients and scrapped their planned trial. The Crown Prosecution Service said the move reflected concerns over time elapsed since events and pollution of evidence by previous investigations but today lawyers for two of the ex-social workers said it also reflected a basic lack of evidence. Milton Keynes solicitor Syvil Lloyd-Morris, correct who represents Robert Chapman, said the judges rapid decision showed Mr Chapman was "completely innocent." "It is a very sad indictment of our judicial system that on the flimsiest of evidence a man can be charged in relation to vague allegations of something that happened 20 years ago," said Mr Lloyd-Morris. "It was absolutely the right decision for the judge to hold that there had been an abuse of process in these circumstances . It remains a possibility that these issues will be re-visited in the civil courts." Sunderland solicitor Nigel Barnes, who represents Adrian Garbutt, said: "We have always argued on his behalf that there was no credible evidence to justify the charges proceeding against him and that a fair trial could not take place in these circumstances." Mr Barnes added: "This is not a case where the proceedings were stayed because of a mere technicality" and said the judge appeared to have accepted the defence argument that the prosecution case was "fundamentally flawed." Gill Rutherford, Newcastle solicitor for the remaining two men, Peter Murray and Raymond Maude, said she is planning a press conference for tomorrow to deal with the issues raised by the collapse of the case "CRUELTY CASE THROWN OUT" A JUDGE has thrown out Sunderland cruelty case After nearly six days of legal argument, Judge Michael Cartlidge made his decision yesterday and, more than two years after it began, the Witherwack House criminal case collapsed. It is unlikely that ex-Witherwack staff will face abuse charges, and today a leading campaigner and former child resident said he would now press for a public inquiry. Meanwhile, Detective Chief Superintendent David Wilson, who led the Northumbria Police investigation, said: "The police are disappointed that the victims stories will not be given an airing at trial." He could not estimate the cost of the investigation. The four men facing charges of child cruelty were reported not to be in court to hear Judge Cartlidge say it would be wrong to put them on trial after so long. He dismissed the cruelty charges against them. They were: Robert Chapman, of Bradwell Common, Milton Keynes; Adrian Garbutt, of Spout Lane, Washington; Raymond Maude, of Calderbourne Avenue, Sunderland and Peter Murray, of Morris Street, Birtley. According to the Crown Prosecution Service, the judges reasons were that it would be hard to get reliable evidence about events of 20 years ago and the fact that there had been six separate investigations into Witherwack House at least two were commissioned by the council could have tainted evidence from witnesses, through repeated interviews with different agencies. The judge said the public had a right to expect such cases to be brought to court, and said the police and CPS were right to do so. Judge Cartlidges ruling angered a former child resident of Witherwack House, who was to have given evidence against the four ex-staff members. Brian Clare founded and led the campaign for a fresh look at Witherwack, on behalf of former child inmates. Their allegations were not aired at a 1993 trial of three other ex-staff members two of whom were convicted and got suspended jail sentences. The third was cleared. Today, Mr Clare said he was "disgusted" by the judges ruling, and said he intended to fight for a public inquiry to bring out the full facts about Witherwack House, which was demolished in 1994. Mr Clare said: "I should have known I couldn't rely on the criminal system to deal with it, and gone for a public inquiry from the beginning. I'm going to go for that now. Ill go to the Court of Human Rights if need be." He also repeated past accusations that Sunderland Council attempted to cover up further allegations of abuse following the 1993 court case. He claimed that the council had failed to carry out a thorough investigation. Today, the council had no comment to make, but a spokesperson promised to issue a statement "Fight for abuse 'justice' goes on" A SUNDERLAND man who has fought a tireless campaign to expose alleged abuse in Sunderland children's homes has won £25,000 in compensation, it was revealed today. And Brian Clare, 33, of Grindon, has vowed to continue his 18-year battle to secure "justice" for youngsters who claim they were physically and sexually abused at the city's now-demolished Witherwack House and other care homes. A 60-strong group of former children in care of Sunderland City Council in 1960s, 70s, and 80s launched civil damages claims for the physical, sexual and emotional abuse they say ruined their lives. Fifteen lead cases were due to be heard at Newcastle County Court this week, but, as the Echo exclusively revealed, the city council agreed to out-of-court settlements. The biggest pay-out to an individual abuse victim was £50,000 and the total paid to all 15 is around £200,000. The council has not admitted any liability. Another 45 cases are still waiting in the wings, but leading law firm, Stewarts, who specialise in personal injury law, now hope an across the board settlement will be reached. Mr Clare, one of the 15 victims who settled their cases, today vowed to carry on fighting for abused children across the country. Mr Clare said he was subjected to a catalogue of abuse in Witherwack House from 1979 to 1984 and added the settlement had left him disappointed that the full truth was not allowed to come out in a full trial. He said the cash meant "nothing" to him , and vowed to continue his battle for justice by helping others who have been abused to bring their cases to court . He said: "There is no such thing as justice for children who have been abused but I feel I have to carry on fighting for what I believe in." Mr Clare, who suffers from epilepsy and is unable to work, said: "All the money I have received is going to be spent on counselling for me after what I witnessed while I was in care of Sunderland City Council . "I still suffer from nightmares - this case became my whole life and it still is. I never had a life as a normal child, and it's difficult for me to have a life as an adult . "I would have liked to have had my day in court, but I have to acknowledge the debt I owe my family for giving me the strength to come this far." Other cases being dealt with by Stewarts concern a total of 23 care homes across the North East. Solicitor, Paul Middleton-Roy, said that, until the settlement, the city council had disputed all the claims - despite a d**ning "ABUSE PROBE LEAVES LIVES RUINED" POLICE were today accused of ruining the lives of carers and teachers, after the closure of a major investigation into sexual and physical abuse at North East care homes. Operation Rose was launched in 1997 by Northumbria Police amid allegations that staff had abused children in their care. The investigation, which cost the taxpayer more than £4million, led to 32 people being charged with a total of 142 offences. In total, 277 residents and former residents of 61 children's homes made 558 allegations against 223 care workers for alleged actions including rape, indecent assault and physical assault. Of the 32 who faced court action, six were found guilty and one other pleaded guilty. Four male staff at the former council-run Witherwack House residential home, in Sunderland, were among those whose cases were thrown out. The home closed in 1992. The four, who were arrested in 1998, had denied charges of child cruelty. Judge Michael Cartlidge said too much time had elapsed since the dates of allegations stretching back 20 years when he dismissed the charges at Newcastle Crown Court in February 2000. Another Witherwack carer died in 1999 before he could stand trial. The North East branch of Falsely Accused Carers and Teachers (Fact) today condemned police methods used to collect complaints. The group claimed officers working on Operation Rose had used so-called "trawling methods" where they revisited former care home clients asking if they had ever experienced any problems whilst in care. Fact (North East) co-chairman Ray Johnson said: "Operation Rose has cost the taxpayers millions of pounds and yet has delivered very little. "Scores of carers and teachers have had their lives ruined and the lives of their families destroyed by these actions. "People who abuse children physically or sexually should be caught and punished, but the methods employed by Northumbria Police have brought the downfall of innocent people whose only crime was to look after disaffected children in care homes." Court reporting restrictions, which had covered Operation Rose cases in the past few years, were lifted yesterday with the end of the investigation's final case. Esme Allenby, 54, of Yeovil Close, Westwood Grange, Cramlington, Northumberland, was told she would not face trial for nine counts of indecent assault dating back 27 years. The prosecution in the case said it was in the public interest that the trial did not proceed because vital documents were missing. Northumbria Police was due to comment on Operation Rose at a press conference at police headquarters, Ponteland, this afternoon. Liberal Democrat MP Alan Beith intends to pass his concerns regarding Operation Rose on to Sunderland South MP Chris Mullin. Mr Mullin will chair a House of Commons Home Affairs select committee study into police handling of investigations into alleged historic institutionalised child abuse in care homes across the country. Mr Beith, MP for Berwick-upon-Tweed, said: "There are a lot of questions that need to be asked about this operation, which must have cost a large amount of money, but must have cost a lot more in the lives and careers of care staff and teaching staff. "A lot of innocent people have been severely hurt by this whole operation SPCC report into the events at Witherwack House. "Experts blast 'witch-hunt' abuse probe" NORTHUMBRIA Police has been blasted in Parliament for its handling of Operation Rose, a £5million investigation into sex abuse at children's homes across the North East. Experts told the powerful Home Affairs Select Committee that police probes into paedophile rings were like "witch-hunts" which ruined the lives of innocent people. During the five-year investigation, former teachers and care home staff from Sunderland were forced to endure harrowing court cases before being cleared of any allegations of sex abuse. Respected academic Richard Webster, who wrote the book The Great Children's Home Panic, said there were miscarriages of justice because the police were so desperate to track down paedophiles. Mr Webster said: "There is a temptation for the police to divert colossal resources into the pursuit of paedophile rings which don't necessarily exist. "Operation Rose was run by Northumbria Police but it collapsed a few months ago. During the operation, more than 20 people successfully defended themselves against abuse allegations at a trial. "Many, many more were put through hell on earth due to false allegations." Mr Webster added: "The operation started with a policeman publicly asserting the belief that there was a paedophile ring which simply did not exist." The Home Affairs Select Committee, led by Sunderland South MP Chris Mullin, is studying whether methods used by the police lead to frightening miscarriages of justice. The committee launched the probe amid concerns that ex-care home residents and school pupils were making false accusations of abuse. As part of Operation Rose, more than 200 people were investigated during the five-year probe- but only six convicted. Among those whose cases were dismissed were four male workers at the former Witherwack House residential home in Sunderland. They had denied child cruelty. The all-party panel of MPs heard evidence from investigative journalists David Rose and Bob Woofinden and Mr Webster. They criticised the controversial police method of "trawling" - contacting hundreds of ex-care home residents and pupils, asking if they recollect abuse. Statements with so-called victims were never taped, they said. The experts also claimed the lure of huge compensation payouts had encouraged people to concoct allegations. Mr Rose suggested miscarriages of justice could be avoided if compensation was scrapped for "victims" who could not prove they had been abused. And if police taped the statements of victims, the courts could be satisfied they had not been "led" to give evidence. He also suggested imposing a time limit on when people could make complaints - up to six years. The Home Affairs Select Committee said the three witnesses' evidence was "powerful and compelling can i please say all the above articles have been printed in the Sunderland echo, times , mirror , etc so they have been in the public limelight for a long time . as for names and places etc there is no called for alarm as these names are in the public limelight and no blanket bane on them . for more info type operation rose in the following google.co.uk