Child abuse inquiry chair failed to disclose links to Edinburgh private schools

The chairwoman of the long-running Scottish Child Abuse Inquiry failed to declare family links to two Edinburgh private schools she was investigating, it has emerged.

Lady Smith, who was appointed inquiry chairwoman in 2016, did not disclose to Scottish ministers that her husband went to Fettes College and one of her children had been a day pupil at Edinburgh Academy.

The retired judge has heard evidence of abuse at both schools during the inquiry’s hearings.

Judge Lady Smith is chairing the inquiry into abuse of children in Scotland | SCAI

A spokesman for the inquiry told The Sunday Times that Lady Smith had not been obliged to declare her family connections.

However, the newspaper reported that more than 70 survivors who attended Fettes, Edinburgh Academy, other independent schools and state and charity-run residential homes, had now urged First Minister John Swinney to intervene.

Russell Findlay, the Scottish Conservative leader, said the loss of confidence among victims made it "increasingly difficult to see how she can continue in the role".

Giles Moffat, the founder of the Edinburgh Academy Survivors group, told The Sunday Times that Lady Smith's position was "completely untenable".

He said: "Lady Smith's connections to these schools constitute a clear and compromising conflict of interest.

"The correct course of action would have been to immediately declare them and recuse herself, but that did not happen."

However, opinion is divided, with In Care Abuse Survivors (Incas), which campaigned for 12 years for an inquiry to be established, supporting Lady Smith and urging her to remain in post.

Helen Holland, its spokeswoman, said: "It would be devastating for the hundreds of survivors who have participated in this inquiry and have spoken of their positive experiences of being believed and treated with empathy, dignity and respect by the full inquiry team for Lady Smith to be asked to step down as chair.”

In a letter to survivors, Deputy First Minister Kate Forbes confirmed that Lady Smith had not alerted ministers to any potential conflict of interest.

A spokesman for the inquiry said: "The legislation governing the appointment of an inquiry chair does not require a candidate to declare personal information unless directly relevant.

“Ministers, who are responsible for the selection process, must be satisfied that a candidate does not have a direct interest in the matters to which the inquiry relates or a close association with a person who has a particularly significant interest in the inquiry such as is liable to affect the impartiality the role requires.

"However, in the interests of transparency, and in light of incorrect information that has been put into the public domain, we can confirm the following: Lady Smith attended a state school in England. Her husband attended a boarding school in Scotland (Fettes College) and has had no continuing relationship with the school or connections with it since he left the school over 50 years ago.

"One of her children was a day pupil at Edinburgh Academy and also has had no continuing relation with the school or connections with the school since leaving it over 20 years ago."

The spokesman added: "Lady Smith has chaired the inquiry for over eight years. It is incorrect to suggest that the work of the inquiry or its findings are biased. All of Lady Smith's case study findings are based on the wide range of evidence heard from witnesses and from documentary sources.

"When she became a Senator of the College of Justice in Scotland, a judge of both the Court of Session and the High Court of Justiciary, Lady Smith swore a judicial oath of impartiality.

"She has always taken this responsibility very seriously throughout her judicial career and in all her work as chair of the Scottish Child Abuse Inquiry."

The Scottish Government said it believed there was "no material conflict of interest".

Fettes College and Edinburgh Academy have each issued unreserved apologies to individuals who experienced abuse at their schools in previous decades.

The Scotsman visited Edinburgh Academy earlier this year to hear how the school had been working with survivors, in response to their testimony.