The High Court has granted permission for a judicial review to examine whether the government failed to act on key recommendations arising from a seven-year inquiry into child sexual abuse.
The case was brought by the Maggie Oliver Foundation, established by former Greater Manchester Police detective Maggie Oliver. The foundation argues that ministers did not set a clear timetable for implementing the inquiry’s recommendations and had therefore acted unreasonably and in breach of a “legitimate expectation” that action would follow.
Mr Justice Kimblin ruled that the issues raised warrant a full judicial review hearing. Oliver, who attended proceedings at the High Court, founded the organisation after leaving Greater Manchester Police, where she had spoken out about the force’s handling of grooming gang cases.
According to the BBC, the original Independent Inquiry into Child Sexual Abuse (IICSA), launched in 2014, examined how institutions had failed to protect children. It lasted seven years, cost approximately £200 million, and published its final report in 2022. In total, the inquiry made 20 recommendations across reports issued in October 2022 and May 2023.
Outside court, Oliver welcomed the decision, stating that safeguarding children is a fundamental duty of government and expressing hope that ministers would now respond decisively.
The recommendations included improved national data collection on child abuse, the introduction of mandatory reporting laws for those working with children, and the creation of a child protection authority. While some steps have been taken, including provisions in the forthcoming Crime and Policing Bill to introduce mandatory reporting requirements with potential criminal sanctions in serious cases, the foundation contends that substantial progress remains lacking.
Christopher Jacobs, counsel for the foundation, told the court that more than a decade after the inquiry was first announced, most recommendations had not been implemented and were effectively “gathering dust”.
In granting permission for a judicial review, Mr Justice Kimblin emphasised that the protection of children is a core responsibility of both individuals and institutions, including government. However, he noted that the law does not compel ministers to adopt inquiry recommendations in full.
The judge rejected two specific elements of the legal challenge. One concerned the inquiry panel’s recommendation for a single, comprehensive dataset on child abuse, an issue that has generated controversy, particularly regarding offender demographics in grooming gang cases. The government has commissioned Louise Casey, Baroness Casey, to conduct a rapid audit of existing data and has said it will respond to her findings. The court ruled that decisions on policy responses fall within the remit of government rather than the judiciary.
A further challenge relating to court powers over decisions affecting children in care was also dismissed on similar grounds, with the judge concluding that such matters are questions of public policy, not for judicial determination.
The forthcoming judicial review will now consider whether the government’s overall response amounts to a failure to meet legitimate expectations created by the inquiry’s findings.
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