§ Mrs. LaitTo ask the Secretary of State for Health what assessment he has made of the NSPCC's report on Betts Way Children's Residential Centre, SE20; and what plans he has to review the law on evidence given by children with severe learning difficulties. [21762]
§ Jacqui SmithThe National Society for the Prevention of Cruelty to Children investigation into allegations of abuse at Betts Way Residential Centre was conducted with the full co-operation of Bromley Social Services Department, the Ravensbourne National Health Service Trust and local police. A copy of the NSPCC's summary report has been made available to departmental officials. In the context of the terms of reference established for this investigation the NSPCC concluded that no young person at the centre could be identified as having suffered significant harm or abuse. The report also found no evidence that there had been, or was, widespread poor practice or that there was a culture of institutionalised risk for services users at Betts Way.
However, the report did recommend a review of policy and practice. Bromley Social Services Department and the other relevant agencies are taking this forward together. The London borough of Bromley has also recently commissioned an independent review of the investigation process to identify what further lessons can be learned from the Betts Way case about conducting investigations of this nature with service users whose needs are complex. Officials from the Department have asked to be kept informed about progress.
Part II of the Youth Justice and Criminal Evidence Act 1999 sets out a range of special measures to assist vulnerable or intimidated witnesses to give evidence in court. These include the use of video-recorded statements, screens, live TV links, clearing the public gallery and an intermediary to put questions to a witness. The categories of persons eligible to apply for special measures under the first chapter of Part II of the Act are: children under the age of 17; those who suffer from a mental or physical disorder, or have a disability or impairment that is likely to affect their evidence; and those whose evidence is likely to be affected by their fear or distress at giving evidence in the proceedings. The special measures are part of a much larger programme to implement the "Speaking Up For Justice" report, which contains over 70 recommendations designed to encourage and support vulnerable or intimidated witnesses to give their best evidence in criminal proceedings.
The Act also changes the law on competency. It will allow someone who is unable to understand the implications of taking the oath to give unsworn evidence, 167W providing that they can understand questions asked of them in court, and can answer in a way that can be understood.