Inquiry Chair facing calls to resign, after revelations she did not disclose links to private schools

Survivors of historic abuse say Scottish Child Abuse Inquiry "will go down in history as a middle-class whitewash" if Lady Smith doesn't resign

Fettes College, Lady Smith, The Edinburgh Academy
Author: Jack FosterPublished 15th Dec 2024
Last updated 15th Dec 2024

It's emerged the chair of the Scottish Child Abuse Inquiry didn't declare family links to two private schools she was investigating.

That's despite repeated calls from survivors, culminating in a letter to the first minister, asking for Lady Smith's resignation.

A spokesperson for the inquiry told us there was no requirement to declare personal information "unless directly relevant".

"Unless she is replaced, the Scottish Child Abuse Inquiry will go down in history as a middle-class whitewash."

Giles Moffat is one of the co-founders of the Edinburgh Academy Survivors group, and one of 75 who're still calling for Lady Smith to resign. He says her position "is completely untenable":

"Had this taken place six months ago, we would have wanted to say 'look, let's meet, can we meet face to face to discuss this? You need to understand our concerns'. But I don't think that's possible now, it's too late, she doesn't get it."

"There are currently 75 signatories to the letter asking the Scottish Government to dismiss Lady Smith. These include 28 people who were abused in foster care and religious institutions."

"Unless she is replaced, the Scottish Child Abuse Inquiry will go down in history as a middle-class whitewash. "

"This Inquiry was meant to investigate abuse and make recommendations to protect the most vulnerable children in society. Instead she has chosen to spend her time trying to protect the reputations of a small number of famous private schools."

A spokesperson for the Scottish Child Abuse 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, SCAI can confirm the following.

“Lady Smith attended a state school in England. She did not attend a boarding school.

“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.

“Lady Smith has chaired the Inquiry for over 8 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.”