By Peter Garsden

“I have a similar situation at a secure Care Home in the North West where
Cheshire Police were more determined to prosecute the Head of the Home
because they knew he was ignoring complaints of abuse by staff from
children, and permitting it to carry on.

The CPS advised them, however, that there was no criminal offence to match
the act of gross negligence in public office, and no prosecution proceeded.
Whilst the criminal law has moved on, I am not sure that there is a criminal
offence to match the crime.

A better solution might be to call for a public enquiry (or local enquiry)
into what went on. If this happens however it might halt in its tracks any
civil action.

I am not an expert in criminal law, and leave such matters to the CPS.
The time in reality to call for a local or public enquiry might be after the
civil case is over.

I hope this helps. I have been through exactly the same process in the North
West several years ago.”

Incidentally I am very impressed at the insight and depth of understanding
you have of the subject matter. Well done.

Regards,

Peter Garsden, Vice-President (Association of Child Abuse Lawyers)