Opening Statement by the Chairman

1. Welcome to this, the preliminary hearing of the Victoria Climbié Inquiry. I should begin by reminding you that on the 25^th February 2000 Victoria Climbié died in the Intensive Care Unit at St Mary's Hospital, Paddington. She died as a result of months of the most appalling ill treatment at the hands of those who were supposed to be caring for her.

2. On the 12^th January 2001, at the Central Criminal Court, Marie-Therese Kouao and Carl John Manning were convicted of her murder. Both were sentenced to life imprisonment. Soon afterwards, the Secretary of State for Health and the Home Secretary made clear their intention of establishing a statutory inquiry into the circumstances of Victoria's death.

3. It is my view, and I am sure you will agree, that we should at least accord to this little girl the name she was given by her parents, rather than that used by those who murdered her. Accordingly she will be known in this Inquiry as "Victoria Climbié".

   

THE ESTABLISHMENT OF THE INQUIRY

4. On 20 April 2001 I was appointed by the Secretary of State for Health and the Secretary of State for the Home Department to conduct three statutory inquiries, together to be known as "The Victoria Climbié Inquiry".

5. The first Inquiry is established under Section 81 of the Children Act 1989 and is concerned with the functions of Local Authority Social Services Committees insofar as they relate to children. The second is established under Section 84 of the National Health Service Act 1977 and is concerned with matters arising under that Act. The third Inquiry is established under Section 49 of the Police Act 1996 and is concerned with policing.

6. The terms of reference of the Inquiry require me, in summary, to establish the circumstances leading to and surrounding the death of Victoria Climbié, to consider the services sought or provided for her and for those in whose care she found herself, from Social Services, the Health Services and the Police and to reach conclusions and make recommendations as to how, so far as is possible, such events can be avoided in the future. Finally I am directed to deliver a report to the two Secretaries of State who will then arrange for its publication.

7. Many of you will already have obtained copies of the Terms of Reference. Further copies are available from the Secretariat for any who wish to take a copy. A copy has also been posted on the Inquiry's website.

8. This is an Inquiry of some complexity. We understand it to be the first to be established under three separate statutory provisions. It will consider the actions of staff employed by a large number of public authorities and the way in which those authorities managed and co-ordinated their activities. Its work is important because we are charged with making recommendations that may affect the way these agencies carry out their functions in future.

   

ACT OF REMEMBRANCE

9. I am sure that you will agree that my first act today must be to express the deep sympathy of myself, and all those involved with this Inquiry, to the family of Victoria. No one could have been other than appalled at the terrible details which emerged at the criminal trial of the ordeal which this defenceless little girl experienced after she left her family in the Ivory Coast, for a "better life" in this part of the world. Therefore I would ask all present to stand now for a minute's silence in remembrance of Victoria Climbié.

THE PURPOSE OF TODAY'S MEETING

10. The purpose of today's meeting is fourfold. First to introduce myself and the Assessors I have appointed and other members of the Inquiry team. Second to set out in brief the procedures I propose to adopt. Third to enable those with an interest in our proceedings to introduce themselves and to indicate the nature of their involvement. Fourth to provide an opportunity for any representations or submissions that any one wishes to make relevant to our Terms of Reference. Copies of this opening statement will be available later this morning.

INTRODUCTIONS

11. I begin by introducing the members of the Inquiry team.

12. First, the four people I have chosen to be Assessors to this Inquiry. To my far right is Mr John Fox, who is a Detective Superintendent and the Head of the Specialist Investigations Department in the Hampshire Constabulary. To my immediate right is Dr Nellie Adjaye, a Fellow of the Royal College of Paediatrics and Child Health and a consultant paediatrician with special interest in community child health, currently working in the Maidstone and Tunbridge Wells NHS Trust. To my immediate left is Mrs Donna Kinnair who is a nurse, health visitor and the Strategic Commissioner for Children's Services for the Lambeth, Southwark and Lewisham Health Authority. To my far left is Mr Nigel Richardson, the Assistant Director Children and Families for North Lincolnshire Council Social and Housing Services Directorate. Copies of the CVs of all four assessors are available from the Secretariat and have been posted on the website. A copy of my CV is similarly available.

13. The assessors will advise the Inquiry team and me on matters within their areas of expertise. They may in addition help draft parts of the Report which I am directed to produce. I am indebted to their employers for releasing them and to them for their willingness to be involved in this task. I will add to the panel of assessors if the need for further specialist assistance arises.

14. I make it clear that although I will have the benefit of this considerable expertise to assist me, I am responsible and solely responsible for the conduct of this Inquiry and for producing the Report.

15. I have appointed Ms Mandy Jacklin to be Secretary to the Inquiry. The solicitor to the Inquiry is Mr Graham Tuttle. The Assistant Solicitor is Ms Fiona Loveridge. Unfortunately, Mr Tuttle is unable to be with us today and Mr Bill Sandal attends in his stead.

16. With the consent of the Attorney General, I have appointed Mr Neil Garnham QC to be Counsel to the Inquiry and Ms Caroline Gibson and Mr Neil Sheldon to be Junior Counsel to the Inquiry. Counsel to the Inquiry are strictly impartial. Their role is to assist the investigation, advise me on matters of law and evidence and present the evidence.

    
    

A PUBLIC INQUIRY

17. The two Secretaries of State delegated to me the task of deciding whether this Inquiry should be conducted in public or in private. After careful consideration, I have decided that it will be a public inquiry. I reserve to myself, however, the right to hear evidence in private in exceptional circumstances, although I should say at once that I cannot at present foresee circumstances which will justify that course. Given the range of services involved and the nature of the matters to be investigated, it seems to me of paramount importance that the Inquiry is an open one and is seen to be such.

18. The Inquiry has been established by the two Secretaries of State. It is, however, independent of both of them, of their departments and of every other public or private body. That independence is central to our work and will be jealously protected.

19. The Inquiry will take place here at Hannibal House. This is a government building but the floors to be used for Inquiry purposes are secure and self-contained and will be kept entirely separate from the other occupiers of the premises. Room here is limited but we may be able to make available small interview rooms for the use of Interested Parties during the course of the Inquiry. Requests for such rooms should be made in writing to the Secretariat. They will be allocated as seems sensible.

THE FORMAT OF THE INQUIRY

20. I have decided that the Inquiry will be divided into two phases. Phase 1 will be primarily backward looking and will be concerned with discovering what happened to Victoria Climbié and why it happened whilst she was in this country. In Phase 1, I will consider paragraphs 1, 2 and 3 of the Terms of Reference and the conclusions that can be drawn from the evidence on those topics.

21. Phase 2 will be concerned with wider questions. It will be forward looking and will be directed to the question as to what recommendations might properly be made which may help avoid, so far as is possible, a tragedy of this sort happening again.

22. The first phase of the Inquiry will be conducted by the calling of witnesses to give evidence and the examination of documents identified for the purpose. No final decision has been taken as to the format for phase 2 but it is likely to be less formal. I have in mind arranging seminars, calling for written submissions and commissioning reports from specialists. Witnesses may be invited to give evidence. It may be necessary for some of those who gave evidence in Phase 1 to be recalled. All contributions to and material used in Phase 2 will be made public and will become evidence in the Inquiry.

23. This meeting should be regarded as the preliminary, business meeting for Phase 1. It may not be necessary to hold a preliminary meeting for Phase 2; that question will be considered nearer the time. I will say a little more about Phase 2 later.

    
    

THE NATURE AND CONDUCT OF THE INQUIRY

24. I turn to the nature and conduct of this Inquiry.

25. I intend that this Inquiry will be thorough and rigorous. Subject to those overriding objectives, it will be conducted as speedily and economically as possible.

26. I have decided that the Inquiry will be inquisitorial not adversarial in nature. It is not like litigation or prosecution. It is not concerned with questions of civil or criminal liability. It is an investigation. There are, in legal terms, no parties entitled to advance cases. There are no statutory entitlements for any other person to call witnesses, cross-examine or make submissions.

27. A number of bodies and individuals have expressed an interest in the work of the Inquiry. It may be that they will wish to be present for the whole or part of the Inquiry's public hearings. They may wish to be represented before the Inquiry by lawyers or others. I shall in a moment invite such persons to indicate the nature of their interest. It is likely to be convenient for the Inquiry to recognise as "Interested Parties" those who have a legitimate interest in either Phase 1 or Phase 2 of the Inquiry.

28. The three statutes to which I have referred give me power to require the production of documents and the Secretariat has already written to the relevant public bodies asking that documents be produced. Other requests may be made. Over the coming weeks these documents will be read and assessed by the Inquiry team and bundles of relevant material produced. I would ask for the full co-operation of all those who have received requests for documents so that this work can be completed speedily.

29. Copies of the bundles will be made available to Interested Parties upon their written undertaking to keep that material confidential and to use it for the purposes of this Inquiry only. An undertaking to address this is being prepared by the Inquiry team. Inquiry material will be made available only to those who have signed the undertaking and returned it to the Secretariat. The material will be made available in hard copy form. We envisage, in addition, preparing a searchable, electronic index on disc to accompany the Inquiry bundle.

    

30. I am also empowered under the statutes to require witnesses to attend the Inquiry and to give evidence. Statements will be required from all witnesses, setting out their involvement with Victoria in relation to our Terms of Reference. The Secretariat has already written to many of those from whom we may need to hear, setting out the form those statements should take. Others may well be approached in the future. All are to be invited, in the first instance, to prepare their own witness statements and are encouraged to seek the assistance of a solicitor in doing so. It may, on occasions, be necessary for legal staff engaged by the Inquiry to take statements, but witnesses will always be invited to prepare their own statements first if they wish to do so. The timetable for service of witness statements is a tight one. That is necessary if our objective of a speedy inquiry is to be achieved. I will, of course, consider any request for an extension of time. But I will only grant such extensions where the reasons are compelling and the extensions will be short.

31. Counsel to the Inquiry will decide, in the first instance, which witnesses will be called to give oral evidence. It may well be that the Inquiry will decide to treat the statements of such witnesses as their primary evidence, what the lawyers call their "evidence in chief". The written statements of others may be put into evidence without the witness being required to attend the Inquiry, where, for example, their evidence is relevant but not controversial. A bundle of witness statements will be prepared by the Secretariat and made available to Interested Parties on the same undertaking.

32. It may be that there are people other than those whom we have approached who believe that they have information or documentation that would assist the Inquiry. If so, we would urge them to contact the Secretariat as soon as possible.

33. I am empowered to take evidence on oath or affirmation and will do so in respect of all witnesses.

34. The questioning of witnesses will primarily be conducted by Counsel to the Inquiry, although I, or the assessors through me, may wish to ask additional questions. Interested Parties will not ordinarily be permitted to call witnesses or to cross-examine. However, Counsel to the Inquiry will be happy to consider any requests for them to call additional witnesses. If such a request is declined, I will adjudicate on whether it is necessary for that witness to be called.

35. Counsel to the Inquiry will also consider any requests from Interested Parties for particular lines of questioning to be put to witnesses. Arrangements will be made whereby Interested Parties can submit suggestions to Counsel to the Inquiry in advance so that they can consider incorporating such questions.

    

36. Again, if Counsel to the Inquiry decline or omit to put questioning which Interested Parties believe to be important, I will consider and rule on submissions as to whether those questions ought to be put.

37. I am content for Interested Parties to attend the hearing with their lawyers. Witnesses will be required to give their evidence direct to the Inquiry and the role of such lawyers will be limited.

38. I will permit Interested Parties to make opening statements if they wish, although those statements will be limited to 30 minutes. Those representing Interested Parties will be permitted to re-examine witnesses who they represent. I will allow that re-examination to cover any matter to which the witness can speak and which has not previously been dealt with in the evidence. Such re-examination, however, will also be time limited.

39. Interested Parties will be able to make final submissions, again subject to strict time limits.

40. A detailed chronology of events will be prepared in draft based on the documentary material we collect. This will be circulated to Interested Parties with a view to its being agreed. It is hoped that that will reduce the length of some of the oral evidence.

41. Arrangements will be made for the simultaneous transcription of all oral evidence by means of a system called "Livenote". Any Interested Party that wishes to take advantage of this service is invited to contact the Secretariat. Smith Bernal, the company who provide the Livenote service, will make a charge for this facility, which will be based on the Inquiry meeting a proportion of the total bill and the balance being divided amongst the Interested Parties who subscribe.

42. This is to be a public inquiry. It follows from that that my conclusions will be based on what has been put before me in public during the course of the Inquiry.

43. As I have already indicated, a website for the Inquiry has been established. The website address is www.victoria-Climbie-inquiry.org.uk. It is envisaged that all statements provided to the Inquiry and transcripts of each day's evidence will be placed on the website. If any witness does not wish that to occur in respect of their evidence, they are asked to write to the Secretariat promptly and I will consider their position. This public dissemination of the evidence will help ensure that the Inquiry's procedures are open and transparent. It may also mean that some Interested Parties will not feel it necessary to attend the hearings every day.

    

44. We attach great importance to the contribution that the parents of Victoria can make to the Inquiry and also to their understandable distress about what has happened. As a result, and with the help of the British embassy, we have written to them in the Ivory Coast and we are considering how their evidence might best be received. We hope to finalise arrangements shortly.

45. Finally on this subject, I turn to the contribution to this inquiry that might be made by Kouao and Manning. There has, in recent weeks, been media speculation as to whether or not Victoria's killers will give evidence in person. The truth of the matter is this: the inquiry has approached Kouao and Manning requiring them to give a statement detailing what services they sought while Victoria was supposedly in their care. How their evidence will be used, and whether or not they will be called to give evidence in person, will, in the first instance, be a matter for Counsel to the Inquiry.
    
    

THE SCOPE OF THE INQUIRY

46. As regards the scope of the investigation in this phase of the Inquiry, we have produced a List of Issues. This list is the product of careful thought on the part of the Inquiry team. It is designed fairly to reflect our Terms of Reference and to give a structure to our work. Copies have been circulated and further copies can be obtained from the Secretariat. A copy can also be viewed on the website. It is at present marked "Provisional" and I will be happy to consider amendments to that list. I will require, however, to be satisfied that whatever topic is proposed has some direct connection to the matters set out in my Terms of Reference.

47. It will be apparent from both the Terms of Reference and the List of Issues that the period of time with which we are primarily concerned is defined. The "relevant period" for the purposes of this Inquiry is from the arrival of Victoria in this country until her death in February 2000. I shall only consider events outside that timeframe if I am satisfied that they are directly relevant to the events with which we are primarily concerned. It appears that there may be some doubt as to the precise date of Victoria's arrival here. That will be a matter which the Inquiry will investigate. I will read the Terms of Reference as requiring me to consider events from whatever date turns out to be the correct one.

48. I make it clear that the Inquiry is not a vehicle for reconsidering the criminal charges brought against Kouao and Manning. We take as our starting point the verdict of the jury that those two individuals were guilty of the murder of Victoria.

    

CRITICISM

49. It may be that some individuals or organisations will be subject to criticism. I cannot say whether that is likely or possible at this stage because the investigation has not yet begun. If grounds for such criticism become apparent, fairness will dictate that I adopt a procedure that enables those concerned properly to address the proposed criticism.

50. The procedures I have just set out seem to me in large measure to meet those requirements but I propose to take the following additional step to ensure that these proceedings are conducted fairly.

51. I will make no findings significantly adverse to an individual without ensuring that that individual has first had a proper opportunity to answer the criticism. Where it is possible to do so, the witness will be informed privately by the Inquiry team of the nature of the potential criticism before he or she is called to give evidence. Where that is not possible, whether because of the time at which the grounds for the potential criticism emerge or otherwise, arrangements will be made either for the witness to respond in writing or for the witness to be recalled, so that they can answer the criticism. Individuals who are notified of potential criticism will be given the chance to identify other witnesses who may be able to speak to the matters in issue.

52. I would particularly welcome representations in a few moments on the procedures I have just outlined.
    
    
    

THE TIMING OF PHASE 1

53. It may be helpful if I set out something of what we have been doing since the Secretaries of State announced their intention to establish the Inquiry. Those present will also be interested to know the timetable that we propose adopting for the future.

54. It is inevitable that an inquiry of this type must begin its work from scratch. Since the intention to hold an Inquiry was first announced, staff have been recruited and office space acquired. The assessors and the legal team have been appointed. These premises have been acquired for the Inquiry's use and arrangements are being made to equip this room for the public hearings that will take place in due course. The List of Issues has been drawn up. Witnesses have been traced and letters sent to them setting out the questions which, at this stage, we need answered. Those likely to hold relevant documents have been identified and asked to supply the relevant material. Many have now done so. We have now begun planning for the opening of the public hearings.

55. As will be apparent from what I have said, there is an enormous amount of work to be done by the Inquiry and by Interested Parties if the public hearings in Phase 1 are to be conducted effectively and efficiently. The Secretariat will aim to distribute bundles of documents and bundles of witness statements by the end of July, so as to give Interested Parties adequate time to prepare for the start of the hearings. Compliance with that timetable by the Inquiry team will be dependent, however, on the assistance of those we approach and I look to them for that co-operation.

56. It is our current intention to begin the public hearings in Phase 1 on 26 September. At this stage, it is not possible accurately to predict the range or volume of evidence we will have to consider in Phase 1 but our best guess is that the hearings will be completed by mid December. We intend to allow for a short break part-way through that period. In due course, the Secretariat will publish on the website and circulate to Interested Parties a more detailed timetable, setting out the proposed dates for the public hearings and the hours of sitting.

    
    

ARRANGEMENTS FOR PHASE 2

57. Although this preliminary meeting is primarily concerned with Phase 1, it may assist if I outline how we envisage the work for Phases 1 and 2 meshing together.

58. Phase 2 will be based on and informed by the evidence we receive in Phase 1. But there seems to us no need for the work on the two phases to proceed sequentially. On the contrary, consistent with our aim of a speedy but thorough Inquiry, we will maintain two work streams side by side. We will look to all Interested Parties to do likewise.

59. We envisage preparing a Provisional Framework for Phase 2 by about the time of the start of the public hearings in Phase 1. That Framework will be based on our reading of the documents and witness statements gathered for Phase 1 and will identify broad issues, aspects of which we believe may be worthy of consideration in Phase 2. I emphasise, however, that publication of that list should not be taken as offering any indication of a concluded view about the recommendations we might make. It will simply set out potential areas of interest to enable Interested Parties to begin work for Phase 2.

60. A List of Subjects for Phase 2 will be produced immediately after the conclusion of the evidence in Phase 1. I make it clear that our deliberations in Phase 2 will be delimited strictly by our terms of reference. We will look to Interested Parties to provide the Inquiry with written responses to the List of Subjects for Phase 2 one month later. We will then give further consideration to how best to ventilate and analyse the issues identified by the Inquiry or raised by those responses.
    
    
    

THE MEDIA

61. The written press has been invited to this meeting and we are glad to see them here. I provided a briefing to all the other media earlier today so as to avoid distraction from the primary purpose of this meeting.

62. It might assist if I set out the approach I propose to adopt with regard to the media in the future. I am minded to permit television, radio and the written media to be present if they wish on the opening day of the inquiry when Counsel to the Inquiry and representatives of the Interested Parties make their opening statements and on the last day when final submissions are made. But those occasions aside, I am not minded to permit broadcasting of our proceedings by television or radio.

63. I would ask the media to respect the privacy of all those involved in the Inquiry, both inside and outside the Inquiry room. In accordance with usual procedure, the media should not seek to interview any witness who has started to give evidence until that evidence is completed, even if it goes over to another day.

    
    

REPRESENTATION AND COSTS

64. Now I turn to the approach I propose to adopt to the question of legal representation. I propose permitting Interested Parties to be represented before the Inquiry by counsel, solicitor or any other appropriate person. Where two or more persons have a similar interest, duplication of representation must be avoided.

65. There is no statutory power in this Inquiry to order payment of legal costs from public funds or by any other party. However, the Department of Health has indicated to me that if I make a recommendation that an Interested Party's costs should be met out of public funds, that will be sympathetically considered. I should make it clear that I cannot at present foresee any circumstances in which I would make such a recommendation in respect of any public body, any commercial concern or any substantial trade union or staff association. I expect to do so in the case of individuals where I consider legal representation to be necessary and where there is no other means by which such representation can be funded.

INVITATION

66. I am now going to adjourn this meeting for 15 minutes to enable those present to consider what I have said and formulate any representations they wish to make in the light of my remarks. Copies of my statement are now being distributed in case this assists.

67. It may help if I indicate the particular topics upon which representations may be relevant at this stage:

    • Applications to be recognised as an Interested Party (indicating the role the party wishes to play at the Inquiry and whether they wish to be an Interested Party in Phase 1, Phase 2 or both);

    • Applications in respect of legal costs. (If it is not possible to formulate a detailed application in this regard now, it will suffice if you indicate the nature of the application you wish to make and provide the details, in a letter addressed to the Secretariat, by 7 June);

    • Submissions as to the procedure for dealing with witnesses and documents;

    • Submissions as to the procedure for dealing with possible criticisms.

68. Suggestions for amendments to the List of Issues and requests for Livenote facilities should be made in writing to the secretariat by 7 June.

69. I should add that I will inform parties of my decisions on each of these matters in writing during the course of the next week or so.

Inquiry contact information:
Tel: 020 7972 1978
Fax: 020 7972 1981
Email: victoria-Climbie-inquiry@vci.gsi.gov.uk
Website: www.victoria-Climbie-inquiry.org.uk