abuse
Uncovering The Past Abuse of Children in Care
Uncovering The Past Abuse of Children in Care
During the 1990s and into the 21st century, the problem of the widespread abuse of children in care has been increasingly recognised. There were many investigations and reports into such abuse in the UK. The same occurred in a number of other countries (such as Ireland, Canada and Australia).
This section of our website is dedicated to highlighting this problem. Although it focuses on what we know about abuse in the past, we also know that abuse continues to occur. Cases are regularly reported in newspapers and on radio and television. We want to make sure that governments and professionals deal with this problem properly. We also want to support those courageous care leavers and professionals who seek to expose such abuse.
We disagree with those who have claimed that the investigations and court cases of the past 15 years have been a witch-hunt and have exaggerated the problem. On the contrary, our members know that much of the abuse that went on in the past was never uncovered and has never been dealt with. Many of us have directly experienced or witnessed physical or sexual abuse that was never brought to light.
Throughout history, the possibility of abuse (whether physical or sexual) within the child care system has often been ignored. For example, outbreaks of venereal diseases in children’s homes in the early part of the twentieth century were usually explained away as the result of ‘innocent’ transmission through shared towels, toilet seats, etc. (see Carol Smart’s article).
It was only in the 1980s and 1990s that we saw wide acceptance of the existence of such abuse. As the Police Complaints Authority investigation into the Leicestershire child abuse cases noted: “…even today it is beyond the comprehension of most people that a parent might physically or sexually abuse a child. It is even more unthinkable that this could happen to children under professional care”.
The Abuse of Looked After Children: Developments in the 1990s
There is now overwhelming evidence of widespread abuse during past decades that went largely unpunished and largely unnoticed outside the care system. A wide range of professionals and responsible adults refused to believe complaints made by children and by other adults. Reading through the relevant inquiry reports provides graphic evidence of the scale of suffering involved. The three most important reports are the ‘Pindown’ inquiry by Alan Levy and Barbara Kahan, (1991), the Leicestershire inquiry (1993) and the inquiry into abuse in children’s homes in North Wales (known as the Waterhouse Report, 2000).
Pindown
A total of at least 132 children, aged nine and upwards, experienced what came to be called ‘pindown’ in a number of Leicestershire children’s homes between 1983 and 1989. ‘Pindown’ was little short of a system of solitary confinement for large periods of time. It varied in length but did last, in one instance, up to 84 continuous days. It was punishment for such activities as running away from care or school, petty theft, bullying and threats of violence. It exhibited “the worst elements of institutional control: baths on admission, special clothing, strict routine, segregation and isolation, humiliation, and inappropriate bed times” (Levy and Kahan, 1991: 167). The social workers involved even wrote down, in detail, how their system operated. When you read through the report, it becomes clear that the ringleaders were clearly proud of what they were doing.
Leicestershire
This inquiry looked at high levels of physical, sexual and emotional abuse in a number of Leicestershire children’s homes between 1973 and 1986. These were homes run by Frank Beck, but Beck was not the only person convicted. At his trial in 1991, Beck was found guilty of 17 counts of physical and sexual abuse. In a parallel Police Complaints Authority investigation into why so many of the complaints made to police by children had been badly dealt with, the police admit that the central problem for these children was “that they considered the police officers who dealt with them did not believe their stories. They were justified in that suspicion. To most of the police officers who dealt with them, they were no more than juvenile criminals who habitually told lies.”
North Wales
This inquiry looked at abuse within children’s homes in North Wales between 1974 and 1996. This was by far the biggest of the abuse scandals, with fifteen individuals convicted of offences. The investigation received evidence from 259 complainants and concluded that “Widespread sexual abuse of boys occurred in children’s residential establishments in Clwyd between 1974 and 1990” (page 197). In the neighbouring county of Gwynedd, the level of abuse was lower and was mainly physical.
The Government Response
The Conservative government in the 1990s said that the reforms introduced by the 1989 Children Act would help to prevent such widespread abuse in the future. However, Waterhouse and other enquiries showed that the 1989 Act was not enough. Also, the focus of the 1989 Children Act on the rights of children had died down by the mid-1990s. Many residential social workers and others talked about the ‘excessive’ powers that the Act had given to young people.
Concern with child abuse in the care system in North Wales grew gradually and Welsh Secretary William Hague set up a judicial inquiry in 1996. He also set up a review of the safeguards for children living away from home in England and Wales. This led to the 1997 Utting Report. There were numerous other investigations already being conducted by the police. By February 2000, as many as 32 separate investigations into abuse were underway in England and Wales.
The main parliamentary debate on the Waterhouse Report took place in March 2000. It is striking no one raised concerns about false allegations of abuse. Indeed, the most common concern is that the abuse uncovered represents the tip of an iceberg. Even as late as December 2001, only a few questions relating to ‘Operation Care’ from Claire-Curtis Thomas MP (from Merseyside) gave a hint of the backlash against the abuse investigations that is now underway.
Given the widespread revulsion expressed by MPs whilst debating the North Wales abuse cases, the establishment of a Home Affairs Select Committee investigation “into the conduct of investigations of past cases of abuse in children’s homes” was a surprise. It resulted from behind the scenes lobbying by supporters of alleged victims of miscarriages of justice. The committee, focused on these alleged victims, seemed relatively unconcerned with the problems of a justice system that could allow widespread abuse to continue for so long. This is clear from the Committee’s terms of reference:
The Committee will not investigate individual cases, some of which may still be subject of legal proceedings, but it will address the following issues:
1. Do police methods of ‘trawling’ for evidence involve a disproportionate use of resources and produce unreliable evidence for prosecution
2. Is the Crown Prosecution Service drawing a sensible line about which cases should be prosecuted?
3. Should there be a time limit-in terms of number of years since the alleged offence took place-on prosecution of cases of child abuse?
4. Is there a risk that the advertisement of prospective awards of compensation in child abuse cases encourages people to come forward with fabricated allegations?
5. Is there a weakness in the current law on “similar fact” evidence?
Committee chairman, Chris Mullin MP, confirmed that his priority was accused professionals, even while trying to reassure the victims of abuse:
This inquiry raises difficult and sensitive issues. It has been suggested that a whole new genre of miscarriages of justice has arisen from the over-enthusiastic pursuit of allegations about abuse of children in institutions many years ago. The decision to conduct this inquiry was taken in response to a large number of well-argued representations received by the Committee. We shall be looking at the methods by which convictions have been achieved and whether there are adequate safeguards. We shall bear in mind, however, that people convicted of sexually abusing children are more likely to continue protesting their innocence than any other category of prisoner.
If one reads the report, it is clear from the tone of the questioning of various witnesses to the committee where its priorities lay. Witnesses representing abuse victims were repeatedly questioned about the role of compensation in generating false claims, the potential for ‘false memories’ and the validity and dangers of police ‘trawling’ for witnesses and survivors.
Given the scale of hidden abuse revealed by the inquiries, the priorities of the committee are questionable. No one wants to see falsely accused people put in prison. However, we already know from the inquiry reports that hundreds of children, at the very least, had been seriously abused in the care system and that this had been hidden for, in many cases, decades. Wouldn’t the committee have made a much better use of its time trying to understand why police and professionals had failed to protect so many young people from such crimes over such a long period? Throughout the Waterhouse investigation, members of parliament from all parties had been willing to accept, in the words of Roger Sims, a senior Conservative backbencher:
That the abuse of children in institutions is a widespread and continuing problem…while inquiries and reports are necessary, it is essential that, thereafter, measures should be implemented to ensure the prevention of further abuse. (House of Commons Debates, 17.6.1996, col.525).
However, in this case the Home Affairs Select Committee was responding to pressures from groups that represent professionals. The inequality between such groups and their often isolated and damaged former clients is obvious. Care leavers often lack the networks, resources and influence to challenge such professionals. It was reassuring, therefore, that the government’s response to the report of the Home Affairs Select committee roundly rejected most of its recommendations and supported the conduct of the police investigations into past abuse. For example, the government response into the Committee’s activities stated that the government “does not share its believe in the existence of large numbers of miscarriages of justice”. It also noted that “the weight given by the Committee to the views of those who believe in miscarriages of justice, including those who claim to be the victims themselves of such cases, is disproportionate”. The government reply is also highly critical of most of the rest of the Committee’s approach.
Moreover, the police have always robustly defended their investigation techniques in this area and their view that there was, indeed, widespread abuse in the care system of the past. As a group of professionals who are used to sniffing out false accusations, one would have thought that their views should carry more weight with some of the critics of past abuse claims. The idea that significant numbers of care leavers have managed to pull the wool over the eyes of the police, prosecutors, judges and juries is simply not credible.
Further Reading
Corby, B, Doig, A and Roberts, V (2001), Public Inquiries into Abuse of Children in Residential Care. Jessica Kingsley: London.
Home Affairs Committee, Press Notice No.9: ‘Home Affairs Committee Launches Inquiry into the Conduct of Investigations into Past Cases of Abuse in Children’s Homes’, 16th January 2002. House of Commons: London.
Home Affairs Committee, 2002b: Oral Evidence, uncorrected transcript, 25th June 2002.
Home Office (Secretary of State) (2003), The Conduction of Investigations into Past Cases of Abuse in Children’s Homes (The Government Reply to the Fourth Report from the Home Affairs Committee) (Cm 5799), Norwich: The Stationery Office.
House of Commons Debates (17.3.200), Vol.346, cols 623-691.
Kirkwood, A (1993), The Leicestershire Inquiry 1992. Leicestershire County Council: Leicester.
Levy, A and Kahan, B (1991), The Pindown Experience and the Protection of Children. Staffordshire County Council.
Police Complaints Authority (1993), Inquiry into Police Investigation of Complaints of Child and Sexual Abuse in Leicestershire Children’s Homes: A Summary. Police Complaints Authority: London.
Smart, C (2000), ‘Reconsidering the Recent History of Child Sexual Abuse, 1910-1960’, Journal of Social Policy, 29 (1): 55-71.
Waterhouse, R (2000), Lost in Care: Report of the Tribunal of Inquiry into the abuse of Children in Care in the former county council areas of Gwynedd and Clwyd since 1974. (HC 201). The Stationery Office: London.
Anne Silke: Fostered to a Fianna Fáil TD, beaten and abused
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Anne Silke: Fostered to a Fianna Fáil TD, beaten and abused
AS A CHILD, Anne Silke ate moss off the walls of the Tuam mother and baby institution. It was delicious, she would laugh, because she was starving. Before she died earlier this year, she would say with a wry smile that she would never eat batch bread, because of how the nuns threw it at her and the other “home” children, as if they were animals. That ability to crack jokes at the cruelty she experienced when young and the life she carved out for herself as a mother of eight children drew people to her, finding hope in her resilience and warmth in her company. But there was a silence Silke never managed to break before she died, about the influential political family who fostered her. Teresa Lavina, a Galway-based documentary maker, first met Silke in 2019 through another Tuam survivor, PJ Haverty, who was close friends with Silke and had always voted for the family who fostered her. The feature-length documentary, Untold Secrets, that Lavina directed and produced was shown for the first time yesterday at the Galway Film Fleadh, shedding light on Silke’s unspoken experiences and the disturbing allegations that are part of her testimony. Silke gave testimony to the commission of investigation and saw it released just before she died last February, with a few lines referencing her own testimony about eating moss. But she was deeply hurt by the result and felt she still had not been heard. “I feel angry to a certain extent that we’re not getting justice or anything,” Silke said to camera, not long before she died. “Everything is left just hanging on until we pass away.”
In the documentary, Silke described deprivation and cruelty within the Tuam institution but also speaks of her experience of being fostered out to a man who she says was a TD in the Dáil and his wife, who had six of their own children who were already reared. She alleges she was treated like a “slave” in their home. Documentation provided by the state agency Tusla shows that Silke was fostered in 1958 by a “Mr and Mrs Killealea [sic]” and the documentary draws together testimony that the man who fostered Silke was Mark Killilea Sr, a founding member of Fianna Fáil who represented Galway constituencies within the Dáil for nearly three decades, from the 1930s to 1961. In 2014, after the story about the deaths of hundreds of children in Tuam broke around the world, Silke came to Catherine Corless hoping to find more answers and speak out. Corless remembers her as a woman who had “the heartiest laugh” and got on with everyone. “Anne was one of those people who wanted to tell her story because she was born in the Home in Tuam and she had a very tough childhood,” Corless said.
“She was fostered out to a woman in the early stages but that didn’t work out and Anne was sent back to the home again, so Anne is one of the few people that remembers life in the Tuam home.”
At the burial site on the former grounds of the Bon Secours institution, grass grown over the area above the sewage system where the remains of infants and children were found during a test excavation years before, Silke stood in a black and white check coat, a black scarf around her neck, speaking of how she remembered children being brought outside, kept in pens and bottles of milk made by Bina Rabitte, a woman working for the nuns at the institution whose name is a witness on many birth certs, being thrown into them.
Silke described a child being kicked by one of the nuns and never seeing that child again. “We all tried to survive, we used to be starving,” she said.
Her mother, who she was separated from in the institution but managed to make some contact with later in life, told her they were kept separate even while inside the walls. “She wasn’t allowed to hold me, cuddle me or feed me or do nothing for me, it was other mothers,” Silke said.
Catherine Corless saw the pile of records that Anne had been able to get from the State, detailing her time in the institution and her fostering. Since she died, family members have not been able to access the cache of documents she left behind and while Tusla recently released a document to Silke’s relatives detailing a timeline of her experiences within the institutions and confirming the time she spent fostered, Silke’s family could now wait months for copies of the documents to be provided. Before she died, Anne Silke stated to Lavina and others that she was abused and exploited as a child while fostered within the Belclare household of Mark Killilea Sr, a founding member of Fianna Fáil and an influential local politician in Tuam. Silke describes in the documentary how she was exploited for labour, made to milk cows morning and evening, brought home from school early to clean and polish the house, and never allowed to eat at the same table with the family. Silke said she was beaten if she did not complete her work or if she defended herself. Silke described being physically assaulted by one of the older adult sons in the house, who she said took over after the foster father died, and that she was sexually abused by another adult son. She was a child at the time of this sexual assault. According to statements made by family members and details from Silke’s testimony, as well as multiple sources who knew Silke and saw her file, the documentary points to Mark Killilea Jr as responsible for physically assaulting Silke. The ‘Golfgate’ event last year in Galway was a dinner in honour of the late TD and MEP. The documentary points to Jarlath Killilea as having sexually abused her. He was a former head of the Department of Tourism and Catering at Cork Institute of Technology. Both men are deceased. Silke describes how Killilea Jr “gave me awful beatings with the horses whip and that, the mother was hitting me and I was protecting myself so I went to hit her and he said you’ll never do that to my mother again, that’s what it was, and he stripped me from the waist down put me across the chair and belted me, and the blood pouring out of me, [I] couldn’t sit”.
Silke says she was told to tell anyone who asked that she fell.
A mother of eight, in a family photo Silke stands with all of her adult children, four daughters and four sons, all of them head and shoulders above her. Silke told her own children about her experiences and they speak out in the documentary, confirming that their mother had told them of these accounts of abuse and exploitation within the foster household. One of her daughters, Alice Kelly, speaks about how many families like her own are still affected by the ongoing legacy of the mother and baby home institutions, making it an intergenerational trauma. The children, like Silke, were robbed of any real affection or love within the Tuam institution and Kelly speaks about how her mother’s way of showing love was making sure they were sent to school, fed, and had clothes on their back. “I heard the stories growing up and it just became normal, it’s just something I accepted that these things happened to mum,” Kelly says, remembering how she asked her mother when she was a teenager about her experience and whether she had been sexually abused. I was,” her mother had told her. It was something Kelly then almost normalised, warning “that’s the generational impact it is having on this country”.
Another of Silke’s children, her son Seán Kelly, spoke over Zoom from New York to the director, Teresa Lavina, and named Jarlath Killilea as the man who sexually abused his mother and Mark Killilea Jr as the man who had beaten her. “[Jarlath] would have assaulted her sexually, physically, he was the one mum was very angry at too, obviously because she was young and didn’t know, she wasn’t even in her teens like.”
There were other witnesses to her exploitation at the hands of the foster family, according to Silke. “This neighbour, my friend will tell you, she used to collect me after the roll was being called and I’d have to polish the house, they had seven bedrooms,” said Silke.
“I hadn’t the work done and the son came along and he battered my face against the wall and pulled my head and battered me against the wall, and all my teeth destroyed. So [as a] 12-year-old I had four dentures, 12 years old.”
A source familiar with Silke’s file says there are hospital records included. “I’d say he denied it to the guards too,” she said.
“He battered me against the wall cause I didn’t have the work done.”
As well as domestic work, she was made to milk the cows morning and evening, spending her nights sleeping on a bed that she said was rotten through with urine. “Their bedroom wasn’t the same as mine,” she said.
“I’m sorry to say I used to wet the bed and I used to sleep in that bed every night.”
Silke remembered a social worker would come every month but she was told not to tell her that was the bedroom she slept in. Many survivors who were boarded out from Tuam and other institutions as children have spoken about being used for free labour by foster families. “They were making money on us, they made money on us,” said Silke.
“Even though we were not in the home they still got money for feeding us.”
There were many attempts at escape. Silke said she ran away a lot but guards brought her back, telling her to be good. “You were put into that situation that you couldn’t get out of,” she said.
“No matter where you went and told your story, you didn’t know who you were talking to then, it was all going back to them.”
Eventually, she told one of the “sisters”, one of the women in charge at her school, that she’d harm herself before going back. The timeline of Silke’s institutionalisation and fostering provided by Tusla shows that after being “discharged” from the foster family in 1967 Silke was sent to St Teresa’s on Temple Hill, a residential institution run by the Daughters of Charity in Dublin, and a place where there are accounts of another child sent from Tuam who was made to work unpaid in a local shop. The document from Tusla states that after being fostered, Silke also worked for a time in 1968 for another member of the Killilea family.4 states in Untold Secrets that she was “put working down in Kilkenny” before being put into a Magdalene Laundry and running away after six months there.” After that, she started working in a hospital. Donagh Killilea, son of the late Mark Killilea Jr, does speak within the documentary about the exploitation of children from the institutions: “We also have to keep in mind the awful conditions in which some survivors worked, they were forced labour on farms a lot of the time, they were forced labour in industry which was big at the time there was a lot of bad but I think there was even more good but it’s just not being looked at.”
Mr Killilea was shown testimony of Anne Silke by Lavina while the documentary was still in production. In response to questions from the Irish Examiner ahead of the broadcast, he described the allegations made by Anne Silke as both “unverified” and “inaccurate” but said “we have nothing to hide”, adding that “everyone involved in this has passed away and I’m very sorry for Anne’s family”.
According to records held by Galway County Council, the minutes of a council meeting show that Mark Killilea Sr opposed the closure of the Tuam institution on the basis that as long as the institution remained in Tuam “the county has the benefit of the money spent there”.
When she was in her mid-20s, Silke says, she went to a social worker in Galway to report “the abuse I got when I was a child with them people” but she was told she was no longer in the social worker’s jurisdiction.
In recent years, people close to Silke say that gardaí from Tuam visited her at her home in Leitrim to take her statement before she passed away. Close family members of Silke say she had been preparing to take Mark Killilea Jr, the alleged perpetrator of her physical assault, to the High Court, but he died before it was possible and she was also dissuaded by fear of losing her house due to legal costs. “Mum always wanted her story out,” her son Seán said.