Abuse survivors ‘still failed years after IICSA inquiry’

Keith Levell was called a liar when, as a child, he first tried to speak out about the horrific sexual abuse he was enduring at boarding school.

He then remained silent for almost 30 years before finally being able to tell police.

Despite finally seeing his abusers from a school in Worcestershire jailed last year, his latest ordeal is the fight for compensation for the pain he has suffered all his life.

Mr Levell, now 67 and living in Plymouth, is among thousands of survivors of child sexual abuse in England and Wales who experts say are being failed by the government because key recommendations from the Independent Inquiry into Child Sexual Abuse (IISCA) have not been implemented.

The inquiry made 20 recommendations after concluding in 2022, including a redress scheme and the abolition of a law compelling victims to issue legal proceedings by the age of 21.

Lawyer Peter Garsden, who is fighting for compensation on behalf of dozens of victims, has written to the Home Office to ask why, more than two years on, nothing has changed.

“It isn’t fair, the amount of hurdles that are put in their way – the law was never put in place with abuse victims in mind,” he said.

A spokesperson for the Home Office said it was working on the recommendations and was “committed to taking robust action to better safeguard children” and support survivors.

The £200m inquiry, set up in the wake of the Jimmy Savile scandal, held seven years of hearings and heard from tens of thousands of victims and survivors of child sexual abuse, over many decades.

The recommendations were expected to pave the way for sufferers to make claims, with a government redress scheme to be set up as it has in Scotland.

Mr Garsden said on average, two-thirds of compensation claims were still turned down nationally.

Mr Levell was one of many young vulnerable boys abused for years after being sent to Berrow Wood boarding school in Pendock, Worcestershire.

It was a school for “maladjusted” pupils, but in reality, children sent there by their local authorities were coming from difficult home lives into the hands of sadistic teachers and paedophiles.

“Keith’s case and the abuse that he suffered is the most horrific string of events that I’ve ever come across in 30 years in specialising in this type of work,” said Mr Garsden, who is president of the Association of Child Abuse Lawyers.

Mr Levell, who has waived his right to anonymity, saw his abusers Maurice Lambell and Keith Figes jailed in October 2023 for a string of attacks on him and eight other pupils.

His ordeal began when he joined Berrow Wood aged 10 in 1968 and lasted until he left on his 16th birthday in 1973.

“It was the house of horrors,” Mr Levell told the BBC, as he visited his former school for the first time since leaving.

The jailing of his attackers brought some element of closure, said Mr Levell.

“I’d just like someone to say sorry. Now that they’ve found that I’m not a liar,” he added.

But trying to get some compensation for a lifetime of suffering is his latest nightmare.

Limitation-of-action legislation, which states a victim must issue legal proceedings by 21 if the abuse happened before they were 18, means the vast majority of claimants, like Mr Levell, fall at the first hurdle.

It takes many survivors years, if not decades, to speak about what happened to them.

A consultation into abolishing the limitation of action ended in July but changes are yet to be implemented.

Mr Garsden said he and Mr Levell had tried to claim through the Criminal injuries Compensation Authority (CICA).

However, in many cases, claims have to be made within two years of reporting crimes to police, despite some investigations taking years to complete.

“Victims of abuse don’t get justice, because they’ve waited too long to do anything,” he said.

“They’re punished twice.”

Former home secretary Suella Braverman announced in May 2023 that a redress scheme, which would not have time limitations, was to be set up, but added that it “couldn’t happen overnight”.

A redress scheme would also help compensate abuse victims when a school’s insurers cannot be tracked down – or if they are able to claim they are not liable.

Insurers for Bryn Alyn children’s homes in Wrexham, where at least 19 pupils were abused by proprietor John Allen, claimed they were not liable because the school policy did not cover criminal acts.

Because Allen was in charge of the company that ran the school, the insurance did not cover his abuse because he did not disclose it.

Six victims were previously awarded £200,000 damages between them in 2001, but did not receive the money because Allen’s company went bust.

Tony, not his real name, gave evidence against Allen during his trial and also spoke about his abuse at the IICSA inquiry.

He managed to get £16,000 from the Criminal Injuries Compensation Authority, but only after it was initially rejected.

He hoped the IICSA inquiry would be another way for survivors to get justice, by making it easy to get the compensation and recognition survivors deserve.

“A lot of survivors were expecting a lot from IICSA – not a miracle, but a way forward,” Tony said.

“Nothing has happened.”

There has also been no pay-out by insurers for ex-pupils of Wessington Court in Hereford, whose headmaster Brian Eagles was jailed for 12 years for abusing boys.

In 2004, 14 former pupils tried to claim compensation, but the company that ran the school had gone into liquidation many years earlier.

When Mr Garsden finally found the insurers of the school, the claim failed.

It was not possible to establish that the insurers had been appointed before 1973 and the policy did not cover abuse by the owner of the school because, it was said, the owner should have disclosed his abuse upon each annual renewal.

It is also why Mr Garsden wants the recommendation of mandatory reporting to be put in place, which would mean anyone working in a position of trust would legally have to report any form of misconduct against children happening in their organisation.

If the recommendations of IICSA come into force, pupils of Wessington Court may be able to claim afresh.

Another recommendation the government has committed to is the creation of a child protection agency, which would be an independent body to enforce good practice and drive reforms.

In a statement, the Home Office said it was “committed to taking robust action to better safeguard children from child sexual abuse, learn from past failings, and ensure victims and survivors receive appropriate care and support”.

Minister for Safeguarding, Jess Phillips, has also met with Professor Alexis Jay, who chaired the IICSA inquiry, as well as survivors and child protection experts to move things forward, it said.

“We are working to ensure that all sectors, including front-line professionals, industry, civil society and with police, law enforcement and international partners, all step up and redouble their efforts to combat and safeguard children from this horrific crime.”

If you have been affected by this story the BBC Action Line web page features a list of organisations which are ready to provide support and advice.