Award for Investigative Journalist supporting Abuse Survivors: Issues for the Church of England
by Gilo and Tony
Tony and Gilo are members of the Church of England’s Survivor Reference Group. They have done much work together to bring necessary daylight to the unethical operations of the Church’s legal and insurer framework. They were both also the catalysts for the Interim Support Scheme. It was their work with an advocate which created the template for the ISS which is now helping many dozens of survivors, and growing exponentially all the time.
The 2021 Headlinemoney Awards took place in the City of London this past week. These awards celebrate exceptional journalism from across the UK’s financial press and media. Headlinemoney website states that a central aspect of these awards is that “all the winners are decided by their peers following an extensive submission, shortlisting and judging process.” This is the industry recognising and validating its own, and signalling worthy journalists as voices to watch.
Jen Frost of Insurance Post has written half a dozen articles on the complex and often difficult-to-report experiences that survivors have of the insurance response to our situations. Frost won two awards at this week’s Headlinemoney event. The first, for General Insurance Journalist of the Year, was shared jointly with Dean Sobers of WhichMoney.
The second for Story of the Year Award was for her reporting on Tony’s case and the courageous exposure of the litigation strategies of Paula Jefferson (Berrymans Lace Mawer BLM) and Ecclesiastical Insurance (EIG). See the story below.
Why is this significant? It is the industry recognising Jen Frost as a serious investigative journalist. And crucially it is recognition of the valid criticism ranged at BLM and EIG for their unethical and aggressive litigation strategies in this case. Standouts in the story were Paula Jefferson’s use of a medical expert who delivered a report on behalf of the Church without even meeting the survivor. This was swiftly followed by sudden withdrawal of an earlier settlement offer whilst the survivor was in hospital on suicide watch. Causal percentages were applied in a derisory manner. Frost’s other reports also referenced callous language used about survivors by Ecclesiastical and BLM.
There will be embarrassment in many quarters. Not least for Mark Hews CEO of EIG who has been feverishly rescuing his company’s reputation with a £million giveaway to charities and a renewed effort to win the loyalty of clergy with sabbatical grants.
There will be acute embarrassment for Paula Jefferson who must by now be wishing she had acted with a modicum of ethical awareness in this as in many other cases. Jefferson will be aware that her working methods and the culture she has engendered at BLM has brought considerable damage to the reputation of their client the Church of England. We understand that EIG has been given clear instruction from the Church that any further deployment of Professor Tony Maden in these cases must now be considered unacceptable and unwelcome. Maden was for a long time Jefferson’s constant travel companion in the defence of other institutions in addition to the Church of England. It seems they worked in tandem and regularly deployed bewildering arguments such as ‘genetic predisposition’ and ‘cognitive predisposition’ in an alarming number of cases. In lay terms, the argument goes like this – the survivor was already pre-programmed through genetic history (birth, parental history) to develop such mental health conditions as Post-Traumatic Stress Disorder, depression, anxiety, bi-polar condition, etc. And abuse had little or nothing to do with it. You will see they used the argument against Phil Johnson below.
Abuse survivors, who typically have tried to suppress the trauma of the experiences for years (many for decades), need particular sensitivity and hand holding whilst within the civil claims process. Re-counting and re-living our experiences, as is necessary for the process, is extremely triggering and can render the survivor re-traumatised, muted and vulnerable from the cumulative impact and protracted timeline of it all. Church of England survivors instead, have been met by BLM lawyers, in expensive corporate suits, smartly disguising the strategy and ethical intention of a gangster’s disgruntled Rottweiler. The Church of England has been complicit in this gangsterism and then pretended disdainfully that this gangsterism has nothing to do with it, its hands are clean.
In Tony’s case there was an application of jiggery pokery abstract mathematics which resulted in a 5% causal figure – all of which had no relation whatsoever to his experience. These methods have been routine in the circus practised by Jefferson and her partners. This carefully calculated adversarial operation has managed the reputation and purse strings of their client. But this has been wholly at the expense of survivors who have had life-long impact arrogantly and patronisingly belittled, resulting in further bullying, betrayal and abuse of power.
This award should be embarrassing for Archbishop Welby and other bishops (Paul Butler, Martin Warner, and others) who were first told of Jefferson’s and EIG’s unethical tactics many years ago by Phil Johnson. It will be embarrassing for Sarah Mullally, Bishop of London, who had a golden opportunity to address the behaviours of the Church’s insurer following the Church of England’s Elliott Review – but chose instead to walk away and silence every request that the Church address the public dissembling by EIG. Ditto the NST who during the Graham Tilby era did likewise, presumably under instruction from their managers. Survivors were left to fend for ourselves against a cruel system of reabuse, and struggle to bring daylight to what had been going on.
It should be particularly embarrassing for William Nye, Secretary General of Archbishops’ Council, who has presided over a distinctly seedy culture in Church House of direct complicity with the insurer in a circus of reputation management. Under his watch Church House comms, legal department and disturbingly, the NST, all took part in a ‘retranslation’ of review recommendations for the purposes of reputation management for the insurer and the Church.
And yet despite the efforts of all involved within Church House to airbrush this from history.. a plucky young journalist has now been recognised by her industry peers for her exposure of the shadowy and unethical underbelly of what passes for civil litigation defence in this country in relation to survivors of abuse. The industry itself is having to wake up. Frost’s award follows hard on the heels of the Association of British Insurers issuing new guidelines to its members on many of these unethical practices that Frost has helped expose.
The Church is now having to create a Redress Fund in the region of £500m to £1billion to meet its responsibility for the repair of so many lives abused and institutionally re-abused and damaged. Ecclesiastical Insurance and its owner AllChurches Trust is being called upon by us to give £100m towards this Redress Fund as a mark of corporate repentance for its serial re-abuse of survivors.
Whether or not the Church continues to use the services of Paula Jefferson is up to them, but survivors have insisted that Jefferson and BLM are kept well away from any involvement in the Redress. Her approach to the care and repair of survivors is considered offensive and grotesque by us and renders her unfit to be involved in further work with survivors.
As to Maden? In April this year a new Practice Direction 1A protecting vulnerable witnesses came into effect (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01/practice-direction-1a-participation-of-vulnerable-parties-or-witnesses). Designed to specifically ensure that both sides of the civil case are on equal footing. It will significantly improve the handling of vulnerable parties. For the first time claimants can challenge what they might perceive as adversarial tactics if they give good reason why. This does not address past cases, but has already had an impact as the following approved court judgement from Liverpool County Court earlier this year demonstrates:
“I have come to the conclusion on balance that her seeing Professor Maden, in view of the information out there on him, in view of his acting for high profile Defendants, in view of his CV and the balance of his Defendant work, on the balance of probabilities would be likely to impede the evidence of the Claimant given to him. I, therefore, accede to the request that the Defendant should have a consultant psychiatrist of their choosing but not Professor Maden.”
Ouch!
We suspect that any embarrassment any of the above experience will remain hidden. The Church has been fearful of acknowledging its part played in the gangsterism of its lawyers and insurer. And has a remarkable ability to absorb embarrassment and pretend it is not there. But they must now move on swiftly with the repair and rebuilding of lives.
We close by saying Award Well Deserved! Congratulations Jen Frost.
Tony and Gilo
COMMENTS
Richard W. Symonds
Gilo and Tony Surviving Church Award for Investigative Journalist supporting Abuse Survivors: Issues for the Church of England
Perhaps this investigative journalist would consider investigating the pivotal role played by the Ecclesiastical Insurance Group [and ‘associates’] in the long-running Bishop Bell scandal?Last edited 18 hours ago by Richard W. Symonds Reply
Gilo Reply to Richard W. Symonds
As an insurance journalist working within the industry, Jen Frost would be unlikely to investigate the Bell case…. much as her investigative acumen might unearth interesting facets of the Church’s response. What is embarrassing for the Church though is that three agents employed in that review – Ecclesiastical, Jefferson, Maden – all come off looking pretty dodgy from her reports about their practices regarding survivors. I list her main reports below August 2021
Maden, where he features in her investigative reporting does not I think come across as particularly replete with integrity or scruple. The genetic predisposition argument he used against Phil Johnson (which we know he has used with frequency in other cases) is really a very strange device.
It would seem that what comes across is a certain amount of duplicity in a range of unethical strategies played out upon survivors when the Church has carefully looked elsewhere.
I suspect these agents may have been careful to mind their Ps and Qs in the Bell case. The situation was extremely high profile, controversial, and fell under widespread and critical scrutiny.
Gilo Reply to Gilo
Correction:
What is embarrassing for the Church though is that three agents regularly employed by the Church…
(EIG were not involved in the Bell case)
Rowland Wateridge Reply to Richard W. Symonds
Richard: Did EIG have an involvement? I understood that the claim was uninsured and for that reason was ‘handled’ wholly in house by the C of E. I no longer have a copy of the Carlile report. That investigation was so thorough and catalogued in detail all the shortcomings of the investigation, but I don’t remember any reference to EIG in an advisory role. I’m happy to be corrected if I am mistaken.
Richard W. Symonds Reply to Rowland Wateridge
David Bonehill of the Ecclesiastical Insurance Office EIO [parent company Ecclesiastical Insurance Group EIG] had much to say at the IICSA in his criticism of Lord Carlile’s recommendations regarding Bishop Bell.
Rowland Wateridge Reply to Richard W. Symonds
Richard: Thanks for that link. It makes depressing reading.
Richard W. Symonds Reply to Rowland Wateridge
From the George Bell Group:
“The original statement by the Archbishops’ Council in October 2015 claimed that none of the expert independent reports had found reason to doubt Carol’s veracity. But Lord Carlile discovered that the only expert consulted by the Church [Professor Maden – Ed] thought it very likely that Carol’s experience of abuse in her first marriage had affected her recall, and that the possibility of false memories was a real one”
Professor Maden comes in for much criticism – much of it justified – but it seems his analysis of ‘Carol’ in the Bishop Bell case was right.
From the George Bell Group:
https://richardwsymonds.wordpress.com/tag/professor-anthony-maden/ Reply
George Bell Group’s Martyn Percy:
http://www.georgebellgroup.org/reputation-righteousness-dec-2017/
Paragraph 178, pages 46-48.
Professor Maden, an expert on ‘false memory syndrome’, comments extensively on the case. He closes his remarks by stating that “I have no doubt that [the complainant] is sincere in her beliefs. Nevertheless it remains my view that the possibility of false memories in this case cannot be excluded. The facts are for the Court to determine. I do not believe that psychiatric or other expert evidence is likely to be of further assistance in establishing whether or not these allegations are true…”. Some members of the ‘Core Group’ did not read the whole of Professor Maden’s report, so “a fuller evidential investigation” that might have been called for to test the complainant’s claim never occurred. The ‘Core Group’ even failed to contact the complainant’s wider family (whom ‘Carol’ said she was close to), and who could have perhaps provided corroborating or dissenting testimony.
Janet Fife Reply to Richard W. Symonds
But if you read Gilo and Tony’s blog on Ecclesiastical Insurance (above), you will see that Prof Maden has been criticised for not taking sufficient trouble to ensure his expert opinions are soundly based. Reply
Richard W. Symonds Reply to Janet Fife
I’m sure the criticism of Prof Maden is justified in the ‘Gilo and Tony’ cases, but in the case of ‘Carol’ and Bishop Bell [in which Ecclesiastical Insurance was involved] that criticism does not, in my view, apply.
Prof Maden was consulted as an expert in ‘false memory syndrome’ and he gave his expert opinion in the case of ‘Carol’.
The trouble was Prof Maden’s expert opinion was ignored by the Church of England Core Group, resulting in a miscarriage of justice which still has not been resolved after six long years.
Prof Maden may well have been wrong in many cases, but in the case of ‘Carol’ and Bishop Bell it seems he was right.
Rowland Wateridge Reply to Richard W. Symonds
Richard: if you analyse the articles from Insurance Post linked by Gilo you will find that they are largely criticism of EIO. As far as I can see, only two cases involving Professor Maden are mentioned and both complaints have been dismissed by the General Medical Council. The link I added below in reply to Janet Fife, from March 2021, should be included in the list for fairness.
Richard W. Symonds Reply to Rowland Wateridge
Thanks for this Rowland.
The last sentence in one of the Insurance Post’s articles is significant – ‘Professor Tony Maden cleared on two counts in insurance expert witness complaints’:
“The GMC further noted in this case: ‘Dr Maden’s fitness to practise is not called into question by a decision made by the legal firm who had instructed him’”
Richard W. SymondsReply to Rowland Wateridge 11 hours ago
Thanks for this Rowland.
The last sentence in one of the Insurance Post’s articles is significant – ‘Professor Tony Maden cleared on two counts in insurance expert witness complaints’:
“The GMC further noted in this case: ‘Dr Maden’s fitness to practise is not called into question by a decision made by the legal firm who had instructed him’” Reply
Susannah Clark Reply to Richard W. Symonds
“Prof Maden may well have been wrong in many cases, but in the case of ‘Carol’ and Bishop Bell it seems he was right.”
There is no ‘right’ confirmation of Bishop Bell’s guilt or innocence.
Stating that some memories can be defective does not mean that ALL memories are defective.
Carol’s allegations were ‘credible’ but I think we have to face the fact that we shall probably never know whether he was guilty of innocent (though technically in legal terms that means he remains legally innocent – which is not the same as factually innocent).
As Maden says, ‘There is no way of determining…’ [without corroborating evidence] ‘whether or not recall is accurate.’
We simply don’t know. We can guess. But we cannot know.
It’s all very sad – and I make no comment on how this all has been handled (which is a separate issue) – because on the one hand there is a reputedly good man’s reputation and living relatives… and on the other hand there is a woman of good character who is widely believed to have been abused (she claims by the Bishop) and who feels her claims are ignored or traduced.
It is not sufficient to say that, because a person had power and a public reputation, that accusations against them are therefore likely to be untrue. As the Carlile Report says in response to supporters of the Bishop who argue this point:
“The perpetrators of sexual abuse can be extraordinarily devious, presenting a carapace of piety and respectability to the outside world; and adverse facts can be concealed skilfully. In other words, the fact that Bishop Bell was (and continues to be) highly regarded by others is not determinative of his guilt or innocence of this allegation.”
People with high status and respect sometimes do bad things. Bishop Bell may not have. Or he may have.
We simply don’t know, and that’s hard for both Carol and for the Bishop’s living relatives. Frankly, it’s never going to be solved.
I hope support can be given to the Bishop’s relatives, but in all compassion to a decent woman who has found herself at the centre of a very public campaign that goes on and on without any means of proving anything, I wish we could leave her in peace, and stick to discussions of process. She must be experiencing a second kind of abuse to be the talking point of such a public campaign.
She’s been abused once – possibly by the Bishop, possibly not – and it seems unfair to expose her painful case further.
Just accept we shall never know, and work on better process in the future. That would be more productive.
Richard W. Symonds Reply to Susannah Clark
“No doubt there will be people who are going to think there is no smoke without fire. I can do nothing about that except to say such an attitude would be wrong”
[Judge David Clarke in December 2000 – when dismissing the ‘sexual abuse’ case brought against the Southampton football manager David Jones]
Rowland Wateridge Reply to Janet Fife
To restore some balance here, this is a further article from ‘Post’. It merits careful reading, especially what the GMC’s Expert Examiner said about medical experts reporting without meeting a patient face-to-face.
Richard W. Symonds 3 hours ago
The alleged abused [and their defenders] are not always in the right.
The alleged abusers [and their defenders] are not always in the wrong.
That’s one reason why we have Courts of Law [and their defenders].
Thank God for them.
PERSONAL COMMENT BY RICHARD W. SYMONDS – THE BELL SOCIETY
“Are the abused and ignored thankful for the forensic work done by others in investigating and exposing false and wrongful accusations of abuse? If it wasn’t also for these diligent people, many miscarriages of justice would not have seen the light of day. Sometimes, it is only when false and wrongful accusations are fully investigated do the real abuses come to light”