Safeguarding: When Good Reviews Go Bad

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There have now been seven public reviews of the activities of John Smyth – or eight if you count my own book, Bleeding for Jesus. The first was Operation Cubic, which was conducted by Hampshire Police, and ended with a referral to the CPS. Then, after the revelations were made public, the Scripture Union commissioned a review into its own involvement. A review was conducted for Winchester College, where Smyth groomed many of his victims. The Titus Trust has held two reviews – one into Smyth’s abuses and a second, by the safeguarding agency ThirtyOne:Eight to conduct a review of its internal culture. The Advance network of independent churches carried out its own investigation, which focussed particularly on the involvement of its former leader PJ Smyth, who is John Smyth’s son. And finally, we await the arrival of the Makin Review, which was commissioned by the Church of England.

As someone who has reluctantly become something of an expert on John Smyth’s abusive career, I have participated in all of these reviews. Aside from taking a huge amount of time, this has given me some insight into how such reviews are conducted, and what makes them effective or ineffective.

It is worth remembering that one reason why there were so many reviews into the one narrative is that the key agencies at the centre of the case refused to work together on a single inquiry.

Speaking to Cathy Newman on Channel 4 News in April 2019, Archbishop Justin Welby explained that only a joint inquiry would be effective. “Unless you can get everyone in, you’re never going to get anywhere near the truth.” Nevertheless, having failed to persuade everyone to participate, the Church of England eventually commissioned its own review. That review – scheduled to last nine months – has now lasted five years, and there is still no date for its publication.

It is worth rehearsing the gloomy history of delay and obfuscation in this inquiry.  The Church of England’s intention to hold an inquiry was first announced by the then Bishop for Safeguarding, Peter Hancock, on the morning after Smyth died in August 2018. By then Smyth’s abuse had already been in the public domain for almost 18 months. Justin Welby had been aware of it for over five years (discounting earlier knowledge, which he first denied, but now admits.) The first formal complaint had been made to the Church of England six years earlier. And of course many key figures in the church, some of them at the highest level, had carried the knowledge for a staggering thirty-five years.

Even so, the inquiry was not formally launched for a further twelve months. It was scheduled to last nine months, meaning that it would be published in May 2020. Since then there have been no less than six announcements that the inquiry was going to be late. In every case, survivors were promised that it was imminent. In January 2022, survivors and General Synod were told that the first drafts would be presented in April 2022. They weren’t. Then General Synod members were told that it would be published in the Autumn of 2022. Of course it wasn’t. The National Safeguarding Team has stopped making announcements about the timetable.

There are two important questions. Firstly, what has caused the seemingly endless delay?  Secondly, why does this matter?

Bishop Jonathan Gibbs, the second of three “Lead Bishops” to preside over the review so far, told Synod that “There have been significant delays due to COVID and the exceptionally high volume of information.” Blaming the pandemic is convenient, but disingenuous. The review was already well behind schedule before lockdown was imposed. In any case, very little of the work has been done face to face. Blaming the unexpected amount of evidence is a nonsense too. What on earth was the church expecting? They knew when they started that there were over 100 victims, four decades of history, and scores of witnesses to hear from. If they were taken by surprise by the “high volume of information” it can only be because they weren’t paying attention to what the victims and others had been telling them.

The core problems that have caused the delay are quite different. They are:

1) An insufficiently experienced reviewer. Perhaps Keith Makin will yet turn out to have been an inspired choice for this important role. We have not been told by what process he was given the job. He had never previously conducted a review on anything like this scale. He had held senior social work management posts, and had been an Independent Scrutineer for local authorities, but he had little forensic experience, and nothing that would seem to prepare him for such a complex case. He also had little experience of the church’s structures and processes.

2) Lack of resources. The church decided that the task of reviewing a case lasting over forty years with more than a hundred victims could be handled by one part-time reviewer contracted for just two days a week, with a part-time assistant. This is far less resource than you would expect in comparable reviews. Of course it is not Mr Makin’s fault that he was given such inadequate resources for such a huge task. The church either didn’t recognise the scale of the review it was launching, or simply didn’t care. For example, the review was launched without the necessary GDPR arrangements in place. It was seven months out of a scheduled nine before interviews could be recorded and transcribed. Staggeringly, the necessary privacy notice was not issued until a full year later. On the same day that the Smyth Review was announced, the church announced another review, this time into the child rapist Revd Trevor Devamanikkam. That case – though no less serious – had just one perpetrator and one known victim. Yet it was set up with the same timetable and resources. Perhaps the church was simply not thinking clearly about what it was doing. Or perhaps the prime motivation for launching these reviews was just to be able to send out a press release saying that it was doing something.

3) Lack of purpose, drive and consistency in the commissioning body. The church still appears to have little idea about how reviews work. They don’t seem to be able to distinguish between a review, an inquiry and an investigation. To this day it remains unclear who wants the Makin Review, why they want it and why it needs to be done in a timely way. As usual, nobody even knows what will happen to the report. Will it be read by bishops? Debated at Synod? Or just sit online somewhere for a few weeks before it is lost?

4) Lack of oversight. Best practice for a review like this is to appoint an independent accountability body, separate from the reviewer and the commissioning body, whose task is to monitor the progress and scope of the review. That body might include interested parties, including representative survivors. When Thirty-One:Eight reviewed the abuses of Smyth’s fellow-abuser Revd Jonathan Fletcher, just such a body was appointed. They were able to provide assurance about the independence and thoroughness of the review, and also added their own statement to be read alongside it. Makin has not had this advantage. He has had no one asking him what is going on (with the exception of dogged Smyth survivors who take it upon themselves to do so informally). He has had no one asking him awkward questions about such crucial areas as record-keeping, confidentiality, resources or timescale. And when (or if) the review is published, there will be no one independent to give it an imprimatur. It will be, effectively, an undefended reviewer saying ‘This is how I see things.’ I fear that the lack of an independent scrutiny body is going to be particularly awkward over the next few months, if those who find themselves criticised by Mr Makin decide to cut up rough.

So there are several reasons why this review has struggled from the start, and why it is so shockingly delayed. But why the rush anyway? Conducting reviews is a lucrative business. The author of an earlier church review reported privately but proudly that he had bought a London flat with the proceeds. In 2019 the NST themselves inadvertently leaked Mr Makin’s day rate – at that stage, it was £650 per day. The Church of England has been extremely chary about revealing the overall cost of the Makin Review. Bishop Jonathan Gibbs was asked about this directly twice in General Synod questions in November 2022. He would only say “There is always a financial cost associated with any Independent Review, however this must be balanced with establishing the truth and listening to the voices of victims and survivors.” Synod members might feel they have a right to greater clarity.

Why does all of this matter? Well, first, because the delay makes the review weaker. In the time between the disclosure of Smyth’s abuse twelve years ago in 2012 and the publication of the inquiry (2024? 2025?), some key figures have conveniently died. They include Smyth himself, who consequently managed to escape justice from the church, as well as the criminal courts. Revd David Fletcher, who probably did more than anyone else to enable Smyth’s career of abuse, has also died. Others have retired, or will do so before publication, placing them beyond the effective reach of the church’s disciplinary measures.

In the course of writing my book, I approached a number of senior clergy who were implicated in the failure to stop Smyth’s abuse. In several cases they said they weren’t willing to speak to me until the Makin review was complete. That was now several years ago. The Archbishop of Canterbury gave assurances that if any currently serving church officers were found to have failed in their safeguarding duties, they would be investigated and disciplined whilst the review was in progress. To my knowledge only two very junior clergy have been sanctioned, and one of those was long retired. My book, published in October 2022, identified nine currently serving bishops who appeared to have failed in their safeguarding duties. They include Archbishop Justin Welby. Have any of them been disciplined?

The delay also matters because there are two over-riding reasons to hold such an inquiry. The first is to restore confidence in the church. The hope is that the inquiry will draw a line under a terrible episode. Ideally it would show that the church did not make any mistakes in its handling of disclosures of abuse, but that’s unlikely to be the case. The alternative is that the inquiry should demonstrate that, even though the church made mistakes, it will not do so again. Lessons have been learned; processes have been changed; staff have been retrained or removed.  This is the basis on which trust can be rebuilt. But for that trust to be rebuilt, the process of the review must itself be sound. If there is any suspicion, justified or not, that the church has not been fully transparent, then the measure of trust will decline instead of increasing. If there is any hint that the church has tried to avoid, delay or manipulate the publication, it will do itself more harm than good. As things stand, those suspicions are hard to avoid.

In this case, the process of the review has served to diminish, not enhance, trust in the church’s safeguarding practices. The review itself has been marked by delay, mismanagement, amateurism, poor communications and obfuscation. These are the same characteristics that allow abusers like Smyth to operate. However good the text of the Makin review is, if and when it is eventually published, no one who has watched the national church’s handling of the process will be able to say with confidence “This could never happen again.”

The second reason to hold such an inquiry is for the sake of the victims. It is a vital part of the church acknowledging that it made mistakes. Only when the church recognises this publicly is it possible for victims to begin to rebuild their lives, and even in some cases to forgive. If the church, by its acts or by its omissions, allows victims to imagine that it might still be hiding facts, or avoiding facing up to the truth, then instead of healing, victims are re-abused by the process.

For what it’s worth, I think publication of the Makin Review into John Smyth is still a long way off. Even if the first draft of the text is complete, there is a long way to go before publication. Parts of it have been seen by a number of Smyth’s victims, but it has not yet begun the lengthy representation process known as ‘Maxwellisation’. In other words, anyone who is referred to critically in the text will have a right to read it, and respond to what they perceive as factual errors. This isn’t going to be quick. There are likely to be many people on the wrong end of Mr Makin’s pen. Many of them will call in lawyers. Those who are unfamiliar with the process of reviews may not realise that before a text is published there can be endless legal battles over what it can or can’t say. The church is almost continually waging these battles with reviewers. Given that one of the individuals criticised for his failures over Smyth is almost certainly going to be Archbishop Welby, I would be surprised if the report is published before his retirement is announced.

Read it all at Via Media