High Courts Judicial Review into Government response to Child Sexual Abuse

Jordans welcomes the recent decision by the High Court to grant permission for a Judicial Review into the government’s response to the Independent Inquiry into Child Sexual Abuse (IICSA).  This is a significant development.

Established in 2015, the Independent Inquiry into Child Sexual Abuse was tasked with examining how institutions across England and Wales failed to protect children from sexual abuse.  After 7 years of evidence from 1000’s of survivors the final report of the Independent Inquiry into Child Sexual Abuse was published in October 2022.  

It made 20 recommendations with the primary aim of strengthening safeguarding the frameworks and preventing future institutional failures.  Of the 20 recommendations made, the majority of these recommendations are yet to be implemented.  Calls have continuously been made to implement all 20 of these recommendations and for a clear timetable to be given as to when they will be implemented.

The recent decision has now granted permission for a judicial review to proceed.  In doing so, the Court did not say that the Government has acted unlawfully but raised questions whether or not the government adequately acted on the findings of one of the most extensive investigations into institutional child abuse in British history.

The High Court Judge determined that the claim raised arguable grounds that the Government may have created a ‘legitimate expectation’ that the inquiry’s recommendations would be implemented.  This arises when a public authority has made representations or commitments that can reasonably be relied upon.  The Court can interfere if those authorities subsequently depart from those commitments without adequate justification. 

For survivors of abuse this decision is hope yet that the reforms so greatly needed to protect further child abuse are finally implemented.