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Inquiry Reconvened

Sir Michael Bichard

 
 

FAQ

This section is for general questions about The Bichard Inquiry. If you have a specific question that is not covered here, please refer to other guidance on the website or contact the Inquiry team by emailing us at bichard.inquiry@homeoffice.gov.uk or refer to details below under ‘contacting the Inquiry’.

General Issues | Powers of the Inquiry | Information to the Inquiry and Publication Procedures | Inquiry Report | Hearings | Cost | Media | Statistics

General issues

Q Where is the Bichard Inquiry?

A It is based on the 5th Floor, 90 High Holborn, London, WC1V 6XX.

Q What are the Terms of Reference for The Bichard Inquiry?

A Urgently to enquire into child protection procedures in Humberside Police and Cambridgeshire Constabulary in the light of the recent trial and conviction of Ian Huntley for the murder of Jessica Chapman and Holly Wells. In particular to assess the effectiveness of the relevant intelligence-based record keeping, the vetting practices in those forces since 1995 and information sharing with other agencies, and to report to the Home Secretary on matters of local and national relevance and make recommendations as appropriate.

Q Are there not other Inquiries already in to this – how does this Inquiry fit in with those?

A Two other investigations have been set up. First, Sir Keith Povey, HM Chief Inspector of Constabulary, has been asked by the Home Secretary to look at an inquiry that the Metropolitan Police conducted in to the police investigation. Secondly, the North East Lincolnshire Area Child Protection Committee has commissioned a Serious Case Review under the Government’s guidance ‘Working Together to safeguard Children’.

Sir Michael Bichard has stated publicly his intention to ensure proper liaison between those investigations and this Inquiry.

Q What are the Inquiry’s aims?

A The Inquiry’s aim is to be fair and thorough within its Terms of Reference and to be as open and accessible as possible. Its aim is to discover what happened, why it happened and to determine what lessons can be learned and conclusions drawn. The Inquiry will make recommendations to the Home Secretary.

Q Will you be looking at the Data Protection Act?

A Yes. In particular, the Inquiry will look at how Humberside Police and Cambridgeshire Constabulary recorded, retained, used, stored and deleted information within the framework of data protection legislation as interpreted in national and local guidance.

Q Is the Inquiry only looking into two constabularies then?

A The practices of the Humberside and Cambridgeshire Constabularies will naturally be looked at especially closely, but the Inquiry will not lose sight of implications of these events for other forces and agencies across the country.

Q Who set the Inquiry up and when?

A The Inquiry was announced by the Home Secretary, David Blunkett on 18 December in a written Ministerial statement. This can be found on the Home Office web site (www.homeoffice.gov.uk/docs2/bichard_statement.html).

Q Who is on the Inquiry team?

A The Chairman of the Inquiry is Sir Michael Bichard. Sir Michael has had a full and long career in the public sector, including six years as Permanent Secretary in the Department of Education and Employment. A full biography for Sir Michael Bichard is available on this web site.

He is supported by a Secretary to the Inquiry, Jim Nicholson, who has been seconded from the Home Office. He is primarily responsible for the administrative organisation of the Inquiry and generally enabling the Inquiry to fulfil its Terms of Reference.

Solicitor to the Inquiry is Kim Brudenell from the Treasury Solicitor’s Department. She and her staff will be responsible for gathering and investigating documentary and other evidence, liaising with witnesses and organising the programme of hearings.

Counsel to the Inquiry are James Eadie and Kate Gallafent of the independent bar. They offer the Chairman impartial advice and assist in the investigation of facts and search for truth. They will be supported with advice on policing matters by Mr Bill Taylor, the former HMCIC in Scotland.

Q When does the Inquiry start?

A The Inquiry is already underway, gathering information from relevant individuals and organisations. The Inquiry aims to start public hearings towards the end of February. A timetable will be announced in due course and published on this web site.

Q When will the Inquiry report to the Home Secretary?

A Sir Michael said on 13 January that he wished to complete his report by June In his preliminary hearing statement he also said:

“I want to proceed with all speed so that I can complete my task within a reasonable period of time. This is crucial, so that those affected by these tragic events are able to look to the future in the knowledge that the lessons that are to be learned have been identified and translated in to action as soon as possible.”

Q Can anyone attend the hearings, and do I need to let someone know if I want to attend?

A It is an open Inquiry and members of the public and press can attend. However, it may be necessary to have some hearings in private. If you are a large party we would welcome a call in advance so that we can ensure that there is adequate seating.

There is also a separate media centre adjacent to the hearing room where hearings will be displayed on a screen.

Q Can I film, photograph or record the hearings?

A No. The Chairman of the Inquiry stated in his statement at the preliminary hearing that he intended the inquiry to be “as open, accessible and inclusive as possible.” However due to the sensitive nature of some of the evidence and to ensure evidence given is as full and as helpful as possible, recording, photography, filming or broadcasting of the hearings is not permitted (see guidance on media access below).

Q Who are the main participants in the Inquiry?

A Humberside Police and Cambridgeshire Constabulary

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Powers of the Inquiry

Q Does the Inquiry have powers to compel witnesses to attend or provide documents?

A No

Q What if the Inquiry needs these powers?

A Sir Michael Bichard has made it clear that if people or organisations do not co-operate fully with his Inquiry, he will return to the Home Secretary and ask for such powers, which the Home Secretary has said will be made available. This would be done under section 49 of the Police Act 1996.

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Information to the Inquiry and publication procedures

Q How will the Inquiry receive information?

A The Inquiry placed advertisements in national and regional newspapers on 8 January inviting people to provide information to the Inquiry before 23 January 2004. If anyone wishes to send information later than this deadline, they cannot expect their information to be considered, unless they are granted an extension of time directly by the Inquiry team.

The Inquiry has received information by post and emails and will soon receive evidence through public hearings (see below).

Q How can I send information to the Inquiry now that the deadline has passed?

A If you have any information relevant to the terms of reference which you wish to send to the Inquiry, please write to the Solicitor Kim Brudenell, 90 High Holborn, London, WC1V 6XX.

Q Will my information be treated as confidential?

A Anyone who has information or knowledge which they think may be of assistance to the Inquiry should send it to the Solicitor to the Inquiry.

The Inquiry intends that all relevant information will be made publicly available and published on the Inquiry website, unless there is good reason not to do so. If anyone wishes to provide information to the Inquiry on a confidential basis they should make this clear at the time of providing the information, and identify the grounds upon which they consider it should not be made publicly available. Any such information will not be made publicly available and published on the Inquiry web site until all matters of confidentiality have been resolved.

Where appropriate, the Inquiry will use lettering to refer to individuals and will, as necessary, redact evidence before publication to remove sensitive information on the grounds of personal privacy.

Generally, correspondence to and from the Inquiry team will not form part of the evidence before the Inquiry and will not be published. However, if the Inquiry receives information in correspondence which it considers should be treated as evidence, the provider of the information will be asked to put the information in the form of a statement or to agree to the publication of the letter.

The evidential hearings of the Inquiry will be conducted in public unless there is a valid reason for sitting in private. If there is such a reason, it will be explained.

All information sent to the Inquiry will be sent to the public records office at the end of the Inquiry.

Q Where can I access Inquiry information?

A This web site is the best place to access information, evidence and hearing transcripts. All transcripts of hearings will be posted on the site the same day as hearings. Hard copies of statements relevant to the day’s hearings will be available at the Inquiry.

Q Why was my letter to the Inquiry not posted on the web site?

A It may be because the Inquiry received evidence or other letters containing similar information, or because the Inquiry team did not regard the letter as being relevant to the Inquiry’s remit. If you are concerned the Inquiry did not receive your information please contact us at the address above.

Q What if I don’t have access to the web site?

A Please let us know if you cannot access information that you require from the internet. We will endeavour to send you the information by post or arrange for you to pick up hard copies from the Inquiry.

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Inquiry report

Q Will the Chairman criticise anyone in his report?

Sir Michael has said plainly that he would not shirk from criticising individuals or organisations if he considers it to be justified or necessary (Statement at preliminary hearing 13 January 2004). As he also said in his Statement, the inquiry will aim to be as fair as it can be and ensure that those who might be subject to criticism have a fair opportunity to address areas of potential criticism in advance.

Q Who will publish the report?

Sir Michael Bichard will deliver his finished report to the Home Secretary, who is responsible for the publication of the report.

Q Will there be an executive summary?

A Yes. It is important that the findings of the Inquiry are understood in the plainest terms and summarised for all to see and understand.

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Hearings

Q What is the purpose of hearings?

A Hearings enable the Inquiry to question information that has been provided and to seek clarification.

Q When will hearings start?

A We expect to commence hearings towards the end of February. A timetable will be announced in due course.

Q Are you calling Ian Huntley or Maxine Carr to give evidence?

A No. The Inquiry is concerned with the child protection procedures of the Humberside Police and Cambridgeshire Constabulary

Q Why is the Inquiry allowing witnesses to be represented by lawyers if it is not a court of law?

A It is important for the Inquiry to be fair and thorough. Gathering the information required is complex and for some requires sifting through vast amounts of documentation. Participants also need to ensure that the Inquiry can understand the information provided to them. A legal representative can help in this process.

Q Who is paying for the legal representation?

A The Home Secretary is prepared, with the Chairman’s recommendation, to make awards out of public funds towards the reasonable legal costs of anyone from whom the Inquiry wishes to hear who, in the Chairman’s view, would otherwise be unable to take part. Public bodies, trade unions and commercial organisations will have to meet their own costs, unless the Chairman believes there are special circumstances.

Q Why isn’t the Inquiry sitting every day?

A The Inquiry needs to be able to have time to assess information before hearings and have time to consider evidence from oral hearings. Oral hearings are just one way of gathering information.

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Cost

Q How much will the Inquiry cost?

A Costs are estimated in the region of just under £2 million

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Media

Q What are the rules governing media access?

A Media are invited to attend hearings. There will be a media centre for journalists and camera crews and designated seating in the hearing room.

No filming or recording or photography will be permitted inside the Inquiry hearing room during hearings. No interviews or filming of witnesses is permitted during hearings and filming is permitted in designated areas only.

The Inquiry is not responsible for handling the media arrangements for participants but the Inquiry press officer will assist in any way appropriate. Witnesses are responsible for arranging their own interviews directly with journalists, outside the hearing room in designated areas, once their evidence is completed.

The Inquiry is not responsible for any filming outside the premises, for example on the pavement.

The Chairman of the Inquiry, Sir Michael Bichard, said in his preliminary hearing statement on 13 January that he will be unavailable for interview until the Inquiry has concluded.

Q How can media contact the Inquiry?

A All contact from the media to the Inquiry should be directed through the Inquiry press officer, Nadine Smith on 020 7 166 3211.

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Statistics

  • By 28 January 2004 some 4000 pages of information had been received by the Inquiry in nearly 30 files.
  • By 30 March 2004, nearly 2000 documents in the form of submissions had been received by the Inquiry
  • Between 100 and 150 letters had been sent by Inquiry by 28 January 2004
  • The Bichard Inquiry website has received some 2200 hits to its website in just over two weeks (5 - 20 January).

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