Catholic teaching institute liable for abuse at school

See http://www.bbc.co.uk/news/uk-england-humber-20424136

Claims of abuse are being made by 170 former pupils of St William's in Market Weighton, East Yorkshire.
Judges said the De La Salle Brotherhood was liable along with the Middlesbrough diocese which owned the school.
St William's, which looked after boys aged 10 to 16 with emotional and behavioural problems until it closed in 1992, had been owned by the Roman Catholic Diocese of Middlesbrough, but many of the staff were members of the De La Salle Brotherhood.
A former principal at the school and former De La Salle member, James Carragher, was jailed in 2004 for abusing pupils.

Clive Coleman BBC News legal correspondent writes 

"Civil claims for compensation for historical sexual abuse can be brought against organisations in two ways.
Organisations are automatically liable for the acts of people they employ. It's known as vicarious liability. They can also be sued in negligence if they failed to act to prevent sexual abuse when they had enough knowledge to know that it was a real threat.
However, negligence is not automatic. It has to be proved and that can be a complex process involving proof of complaints, the knowledge the organisation had of the issue, and whether any measures it put in place to prevent abuse were sufficient.
Claims in vicarious liability are therefore quicker and easier, and so the preferred route for claimants.
Today's judgement is of real significance because it broadens the traditional vicarious liability of organisations.
In the past this has largely been confined to the employer/employee relationship.
Today's ruling makes it clear that that can be an artificial distinction, and that liability can arise from other relationships which are akin to employment. That could have a bearing on claims arising out of the Jimmy Savile scandal."

Mr Baverstock, from Bridlington, said he felt it was time for both the diocese and brotherhood to make settlement offers to stop the "protracted suffering" of the claimants, but feared the process of claiming compensation would be drawn out.
"They'll continue this game until all of us are dead, simple as that. We are all getting old, we have to live daily with the nightmares, with the knowledge of what went on."
The Court of Appeal ruled in 2010 that the Middlesbrough diocese was solely responsible for an £8m compensation claim.

In a statement, the diocese said it appealed against the 2010 ruling because "there was an important principle of justice at stake, that those who ran St William's on a day-to-day basis at the time the alleged abuse took place should share the burden of compensating its victims".
"We are also pleased that, now that the question of who is legally liable for the historic abuse at St William's has been decided, the individual claims for compensation can begin to be examined by the courts."

Humberside Police began an investigation in 2001, which focused on child abuse at the home.
Former principal Carragher was jailed for 14 years in 2004 for abusing boys in his care over a 20-year period.
Compensation claims on behalf of former pupils were first submitted in 2004. The alleged abuse is said to have taken place between 1958 and 1992.
Solicitor David Greenwood, who is representing the claimants, said: "This case should have been settled years ago.

CSAS review of O’Brien case does nothing to ensure that Dioceses follow supposed procedures

From the Yorkshire Post Saturday 20 October 2012 (see http://www.yorkshirepost.co.uk/news/at-a-glance/main-section/exclusive-police-kept-in-dark-on-complaints-of-priest-s-sex-abuse-1-5047425 )
 

Exclusive: Police kept in dark on complaints of priest’s sex abuse

A ROMAN Catholic diocese which ordained a priest despite his dismissal for abusing boys at a children’s home received more abuse allegations after his ordination but did not report them to the police, the Yorkshire Post can reveal.

The Diocese of Middlesbrough, which appointed Joseph O’Brien to a series of clerical posts in Middlesbrough and North Yorkshire after he had been sacked from the St William’s children’s home in East Yorkshire, kept fresh allegations of abuse ‘in-house’ from 2000 onwards.
The latest revelations surrounding Father O’Brien, who served for 15 years in the parish of Thirsk until retirement in 1998, are contained in an executive summary of a report compiled by a Catholic child protection agency.
The Catholic Safeguarding Advisory Service (CSAS) carried out an inquiry following a Yorkshire Post investigation into the priest, who died in 2010. The summary reveals that the diocese kept two separate files, one of which – termed the ‘Bishop’s file’ – was only discovered last year.
However, the Catholic Safeguarding Advisory Service (CSAS) report found the diocese did nothing wrong by not informing the police and concluded the suspension of Father O’Brien from clerical duties was a “proportionate” response.
CSAS also attached no blame to the diocese for accepting Father O’Brien for training as a priest in 1972 – and subsequent ordination in 1975 – despite his dismissal from a home operated by the same diocese in 1965. The executive summary said the diocese was unlikely to have known about the reasons for his dismissal, even though a record has been held since 1965.
The findings have drawn an angry response from campaigners who accuse the Catholic church of failing to tackle child abuse despite a spate of scandals.
The Ministry and Clergy Sexual Abuse Survivors (MACSAS) campaign group and the Lantern Project both said the findings did not comply with the church’s own guidelines, including reporting to the police.
Barrister Anne Lawrence, from MACSAS, said: “This review has done nothing to ensure Dioceses follow procedures to ensure children and vulnerable adults are effectively safeguarded from harm.”
Graham Wilmer, who founded the Lantern Project following his personal experience of abuse at a Catholic school, said: “This is yet another example of ineffective and incompetent child protection policies and procedures that are in place within the Catholic church.”

NCSC Chair criticises Diocese of Portsmouth

The diocese of Portsmouth has been accused of damaging perceptions of the Church's safeguarding work after it failed in its bid to avoid liability for abuse allegedly committed by one of its priests.

In its annual report for 2011-12, published last week, the National Catholic Safeguarding Commission (NCSC) criticised the diocese's decision to appeal against a High Court ruling that it could be held vicariously liable for abuse allegedly committed by the late Fr Wilfrid Baldwin in a Hampshire care home run by an order of nuns in the 1970s. 

The Appeal Court upheld the High Court's decision on 12 July.

Speaking at the launch of the annual report, NSCS chairman Danny Sullivan said it was important to avoid the perception that the needs of victims of clerical abuse were not the Church's priority.

 

Catholic Church loses child sex abuse liability appeal

A ruling that the Catholic Church can be held liable for the wrongdoings of its priests has been upheld.

See http://www.bbc.co.uk/news/uk-england-hampshire-18278529

Last year Mr Justice MacDuff decided in favour of a woman, now 47 and known as JGE who reports that  as a child she was beaten by a nun at a care home and later raped and sexually assaulted by a priest of the Portsmouth Diocese, Fr Wilfred Baldwin, who has since died..
The Court of Appeal has upheld this decision, which raises "an issue of wide general importance in respect of claims against the Catholic Church".

Lawyers for the claimant said of the ruling in November 2011 that it was the first time a court had been asked to rule on whether the "relationship between a Catholic priest and his bishop is akin to an employment relationship".
After the latest hearing, the claimant's lawyer Tracey Emmott said: 'It is hoped that this ruling will now be accepted, and that victims of abuse by Catholic priests can be treated with the dignity and respect they deserve."
The Court of Appeal judgement said the diocese could not appeal against the decision until a similar case at the Supreme Court on 23 July had been concluded.
Speaking after the original ruling last year, the alleged victim said: "I relive it in my nightmares. It doesn't go just because I'm not in a court room - because I know that when I go to sleep it will be there.

Irish survey suggests that Vatican Report findings cannot be proven or substantiated

Dr Margaret Kennedy (founder of MACSAS) has completed a small pilot study in response to the Vatican Visitation Summary Report in Ireland. She concludes that the Vatican Report findings cannot be proven or substantiated and questions the Vatican Report's assertion that 'Much' has been done to support victims of clergy sexual abuse in Ireland'.

She says that "Victims of clergy sexual abuse in Ireland are suffering even today, often without the necessary support and help that makes a 'life worth living' with standards of 'quality of life' as set down by the World Health Organisation. The Catholic Church must urgently address the hidden needs of victims and seek to repair lives fully and adequately."

Margaret calls for a full inquiry, independent research and examination of the conditions that victims of clergy sexual abuse are now living in."

In her Summary and Conclusions, Margaret writes

"The statement made by the Vatican, (and often by Church authorities in Ireland also),  that the Church is supporting victims sexually abused by clergy in Ireland, is NOT supported by this survey’s findings, though a much larger study is required to conclusively say this. 

The responses to allegations have overall been negative, rejecting, and even blaming.  Only in one case has it been rectified in the present time .... 

Most respondents display despair, hopelessness, bitterness, anger and cynicism regarding the Catholic Church.  They shared their ongoing suffering in their daily lives.  Loss of faith, singleness, loneliness, post traumatic stress, and a great deal of emotional and psychological pain over years. Only a few were receiving church funded counselling. Some live in great financial hardship. 

Their continued fights for justice, with three cases taking well over 15 years to be resolved justly, and still ongoing, is testament to the intransigence and stonewalling by church leaders and their solicitors.  

Victims financial sacrifices to obtain both counselling and legal redress has been extensive in some cases. Some mentioning thousands of Euro, whilst one sold an heirloom with emotional devastation.  A sick and disabled survivor now living in America cannot afford to eat. 

Victims shared ideas and their own message to the church to be humble, accept responsibility, those accountable for letting perpetrators continue to abuse to resign, and to change attitudes and values. 

Their views of the Vatican visitation was that the process was a  “waste of time”.  They felt both Church leadership at home and in Rome “don’t listen”, “they cannot”, one implied they were not even ’human’: “first, they must become human’ .  

They said the summary report did not reflect reality and one respondents views given to the ‘Visitator’ was neither heard or reported in the summary."

She recommends 

"That the State or Independent body establish a full research programme to determine exactly: 

a) how many adults have been sexually assaulted in adulthood by clergy religious or religious sisters. This should include religious sisters abused in convents, male seminarians and novices in training, and vulnerable (disabled) adults. 

b) what victims of Clergy Sexual abuse say THEY require for recovery or to achieve a measure of ‘life worth living’ using the WHO ‘Quality of Life’ paradigm as thresholds of good practice. ...

c) To determine what services victims of clergy sexual abuse are receiving from both state and church funded bodies.

d) to determine if these services are meeting ALL the needs of victims which include housing help, education help, financial help, social help, medical help, psychological help and legal help. 

e) to determine why victims seeking redress are languishing well into the two decades AFTER reporting and first seeking such redress. 

f) any research must include victims who are intellectually or physically disabled and their views and service provision should be actively determined FROM THEM not from care-workers or providers."

“There can be no place in the priesthood for those who harm the young.”

Wirral Catholic priest Father Peter Hooper with “unhealthy interest in adolescent boys” jailed for five years

See below and http://www.liverpoolecho.co.uk/liverpool-news/local-news/2012/06/15/wirral-catholic-priest-father-peter-hooper-with-an-unhealthy-interest-in-adolescent-boys-jailed-for-five-years-100252-31193037/#ixzz1xu8cb6TN for details.

Meanwhile, it is interesting to note that the Rt. Rev. Mark Davies, Bishop of Shrewsbury, who said today (15 June 2012) that “There can be no place in the priesthood for those who harm the young.” was previously the vicar general in the Diocese of Salford where Father Thomas Doherty was never laicised, despite being convicted in 1998 for five offences of indecency against a child and being sentenced to six years imprisonment. (Doherty went to his grave in 2010 retaining his canonical status as a priest.) It remains to be seen whether we can trust Davies’ rhetoric in this more recent case and whether Hooper will actually be laicised. Given Davies’ history in the Diocese of Salford, it will certainly be necessary to monitor what actually happens!  

A CATHOLIC priest with “an unhealthy interest in adolescent boys” was locked up for five years.

Father Peter Hooper, the parish priest at St Luke's the Physician, in Bebington, was caught performing a sex act on an underage boy in the diocesan house where he lived.

The 55-year-old  pleaded guilty to 10  counts of sexual activity with a child. At yesterday’s sentencing hearing he was  supported at Liverpool Crown Court by more than a dozen parishioners  and two priests.

Robert Jansen, prosecuting, told the court a social gathering at the diocesan house, in Church Road, Bebington, was winding down when Hooper was caught out.

He said: "There was a gentleman called Matthew Howard, who at the time was living at this defendant's address, and had been for some years.

"As the social gathering was coming to an end...Mr Howard had cause to walk past the kitchen window and look inside.”

The lawyer said Mr Howard saw the boy and the priest perform a sex act on  each other.

Mr Jansen said Hooper was arrested and admitted carrying out sex acts on the boy though he said they did not have full sex – this was accepted.

The boy, who cannot be named, was interviewed and said he met Hooper through a band he was in  made up entirely of priests.

The pair grew close after he told Hooper, a trained counsellor, about  problems he was facing  in his life.

He said at one stage he went to hug the priest who then kissed him on the cheek and then moved to kiss him on the mouth.

The sexual contact followed in the boy's family home and then later at the diocese house.

 Judge David Aubrey QC said: "You have betrayed your religion, you have betrayed your church, you have betrayed your parishioners.

"More significantly you have betrayed your victim who was just 14 and 15 years of age and vulnerable and in truth he was in your care while in your home and you were in his.

"You have also betrayed his mother. They are both devout Roman Catholics who are now in consequence of that which you have done challenging the church.

"In my judgement you have an unhealthy interest in adolescent boys as this case has demonstrated.

"You have failed in your responsibilities and duties as a Catholic priest. You have abused and failed everybody who has placed their trust in you.

"You knew when you crossed the boundary. You wished to cross the boundary. Your actions were a gross breach of trust.

"You have fallen from grace and lost your ministry. The offences are so serious that only an immediate custodial sentence is justified for them."

He jailed Hooper for five years – of which he must serve half less 37 days spent on remand.

Judge Aubrey ordered him to sign on the sex offenders register, made a sexual offences prevention order and banned him from working with children.

Bespectacled Hooper, wearing a red polo shirt and grey jumper, signalled to supporters as he was taken to jail.

After the sentencing The Rt Rev. Mark Davies, Bishop of Shrewsbury, said: “I wish to express today both the sorrow and the horror felt within the Catholic community at these offences and the betrayal of trust involved.

“There can be no place in the priesthood for those who harm the young.”

Hooper was appointed priest at St Luke’s in 2006 after leaving St Werburgh’s, in Chester.

Salford Safeguarding Commission refuses to say whether perprator has been laicised

William Green the former parish priest of Holy Family Roman Catholic Church, Wigan was arrested on 27 December 2007. In August 2008 he was convicted at Manchester Crown Court of 26 offences of indecent assault. 

On 1 October 2008, he was sentenced to six years imprisonment (Case No: T20080502).  

In 2008, the Manchester Evening News reported, “Father William Green 67, had pleaded guilty to 27 assaults on six - boys aged between 11 and 15 at St Bede's School in Alexandra Park while head of religious education, and a deputy prefect there, and assault on an eight year old at a different school at which he had previously taught. 

Passing sentence, Judge Clement Goldstone told Green "You systematically and sexually abused these boys, who were vulnerable and impressionable, and they were groomed by you for the purposes of your own sexual gratification." You abused them in school, on school trips and on church-related activities, and you procured the trust and respect of families of several of your victims. You breached their trust and friendship remorsefully and repeatedly.” (see http://menmedia.co.uk/manchestereveningnews/news/s/1069987_pervert_priest_jailed)

Subsequently, in September 2010 “church chiefs vowed that (Green) would never minister to the public again” and a spokesperson for the Diocese of Salford said “William Green is in the process of being laicised.” A former parishioner said “It is an absolute disgrace that this man should still be part of the Roman Catholic clergy.” (see http://www.wigantoday.net/news/sex_beast_still_a_priest_1_1545444 )

Then in December 2010, a spokesperson for the Diocese said that the laicisation was on-going and was out of their hands. (see http://www.wigantoday.net/news/paedo_priest_anger_1_2866892)

However, nothing has been said since December 2010 about Green’s laicisation. Therefore on 2 May 2012, I wrote to the Diocese of Salford Safeguarding Commission and asked,

·         Has Green yet been dismissed from the clerical state under Canon 290?

·         Has Green yet lost his right to be a potential beneficiary of a potential beneficiary of a bishop’s obligations under Canon 384 “to ensure that” he is “provided with adequate means of livelihood and social welfare, in accordance with the law”?

Yesterday (9 May 2012), I received a reply from Michael Devlin, the Chair of the Diocese of Salford Safeguarding Commission. He wrote,

“You will be aware it is not our policy to comment on individual cases, and we shall not be responding to your correspondence accordingly, nor will Ms Lundergan when she is in post.

I have responded today (10 May 2012) saying,

“Dear Mr Devlin,

 Thank you for you e-mail of 9 May 2012.

I note your refusal to tell me whether Father William Green, the former parish 

priest of Holy Family, Wigan has been laicised, as would be expected given 

recommendation 78 of the Nolan Committee's report and the fact that Father 

Green was convicted in August 2008 of 26 offences of indecent assault 

against children and sentenced in October 2008 to 6 years imprisonment.

In light of your refusal to tell me whether Green has been laicised, I would 

ask you, as Chair of the Diocese of Salford Safeguarding Commission, to 

please respond to the following  queries,   

1. Could you please tell me where I can access a copy of the Diocese of 

Salford Safeguarding Commission's policy regarding commenting on cases 

of diocesan priests who have been convicted of offences against children?

2. Could you please explain to me how  your refusal to give information 

about whether Father William Green has been laicised is consistent with 

the previous willingness of the Diocese to tell the press, in September 2010, 

that "William Green is in the process of being laicised" 

(see   http://www.wigantoday.net/news/local-news/sex-beast-still-a-priest-1-1545444 ) 

and, in December 2010, to tell them that  "the laicisation was on-going and 

was out of their hands. Green was asked by the Diocese of Salford in January 

2009 to apply for laicisation, which he did. The application went to the Bishop, 

who then sent it to Rome to be considered by the Congregation for the Defence 

of the Faith (CDF)" (http://www.wigantoday.net/news/paedo_priest_anger_1_2866892 ).

3. Could you please, also, explain to me how your refusal to give information 

about whether Father William Green has been laicised is consistent with your 

willingness during the meeting which you had with Mike Harding and Paul 

Malpas on 10 September 2010 (see http://www.mediafire.com/?se3udyzz3jql7gr 

for an audio recording) to volunteer several pieces of detailed information 

about Green's case apparently entirely at your own volition?

4. Could you please tell me when Ms Lundergan is taking up her role as 

the new safeguarding coordinator?

I look forward to your reply.

 Yours sincerely,

 Philip Gilligan”

NCSC seeks 'lay' members - apply now!

See  http://jobs.thirdsector.co.uk/job/344372/lay-members/?utm_source=jobfeed&utm_medium=feed&utm_campaign=job%2bexport&ProcessedTrackID=55

to apply