Neil Foden Case - Questions about accountability a year after a critical review...

Translated from Welsh to English.
Original article in Welsh by Elen Wyn, from S4C can be found here - 
https://newyddion.s4c.cymru/article/achos-neil-foden-cwestiynau-atebolrwydd-flwyddyn-ol-adolygiad-beirniadol

 

Neil Foden Case: Questions about accountability a year after a critical review.
 
Last November, the Child Practice Review into the Neil Foden case identified over 50 “missed opportunities”, but a year later, what has changed? 

 

Since the Review was published, councils, schools and public bodies say they have strengthened the way they safeguard children and young people

 

Foden was sentenced to 17 years in prison after being found guilty of abusing four girls over a four-year period between 2019 and 2023. 

Over recent months, an investigation by Newyddion S4C has uncovered previously unpublished information about how some organisations responded to the report’s findings, including internal reviews, changes to safeguarding arrangements, and decisions made following its publication. 

Questions remain
 

A number of public bodies have highlighted the changes introduced to strengthen safeguarding arrangements and to try to prevent similar failures in the future. 

 

The Child Practice Review describes dozens of failings. And although several organisations feature in the story, Gwynedd Council faces the most criticism.

 

Gwynedd Council says it has completed eight of the nine recommendations for Welsh councils, and has gone further than the requirements that applied only to them, with 55 actions 

in its Response Plan. 

They highlight specialist training with the NSPCC, a Safeguarding and Wellbeing Team, annual safeguarding visits to every school, and additional training for every chair and member of the governing body responsible for safeguarding.

Over recent months, Newyddion S4C has been asking what steps were taken in response to some of the review’s critical findings. 

Warnings

Gwynedd Council, and some other organisations, had received repeated warnings about Foden’s behaviour. Concerns that did not always receive the attention they needed.

There were many references in the Child Practice Review to Gwynedd Council’s safeguarding processes and decisions, and to the leadership of Ysgol Friars, noting a number of missed opportunities and comments about the “suitability” of some individuals to “work with children”

Through Freedom of Information requests and press enquiries it was asked whether any management, training or disciplinary steps were taken in response to this.

The council says it can neither “confirm nor deny” whether it held that information.

And although the council acknowledges there is a “public interest in accountability”, it says data protection rules prevent it from sharing details.

Interviews were also requested with the Leader of Gwynedd Council and the Chief Executive.
The council refused the request, saying the “clear political direction” was to deliver the work programme, embed the changes and measure their impact, and that the focus now was on “delivering the operational work”.

It also said it would not be possible for the Chief Executive or a senior officer to give an interview because “processes are currently underway that follow national statutory arrangements”, and that discussing employment matters publicly could “jeopardise those processes” and interfere with “individual workers’ rights to confidentiality”.

Naming individuals

The Child Practice Review did not name individuals, but instead referred to job titles.Among these was the role described as “Senior Manager GPaTh ALl1 (LADO)” (Local Authority Designated Officer), who is responsible for managing safeguarding concerns and allegations relating to people who work with children.

According to the review, a number of the “missed opportunities” were linked to the LADO role.Gwynedd Council confirmed that the officer described in the review as “Senior Manager GPaTh ALl1 (LADO)” no longer carries out LADO duties, or any similar safeguarding responsibilities on behalf of the council, but remains employed by Gwynedd Council.

The council said the LADO role responsibility is now “the responsibility of the Assistant Head of Safeguarding and Quality”.It also said it had reviewed the LADO “role” and had implemented every one of the Child Practice Review’s recommendations.

The council added that it had “invested over £650k to ensure our arrangements are of the highest possible standard”.

Newyddion S4C has asked the officer to respond via his employer, Gwynedd Council.

Failure

Gwynedd Council has previously said it appointed external consultants to deal with any disciplinary and employment matters relating to the Foden case.

The review also examined the actions of three members of Ysgol Friars’ core senior management team, named in the review as Core SMT 1, Deputy Head 2 and Core SMT 3.

“The failure of each of the three to report their concerns should have led to consideration of the suitability of each of these individuals to work with children,” the review said.It goes on to say that the situation could have led to “referrals to the EWC for breaches of professional standards and failure to safeguard children, with subsequent disciplinary action.”

Through Freedom of Information requests, Newyddion S4C asked what steps, if any, were taken in response to those findings.Gwynedd Council said school governing bodies, not the council, are responsible for staffing matters, but added that it had taken “every step expected of us as a responsible public body”, while adding that it would be inappropriate to comment on individuals’ HR (Human Resources) matters.

Questions were also sent to the Education Workforce Council asking whether it had received any referrals arising from matters considered in the review, including those relating to some of Ysgol Friars’ senior leaders.

The regulator refused to disclose that information, citing data protection exemptions under the Freedom of Information Act.However, they confirmed they had considered the report “in detail” and welcomed the recommendations, “especially those calling on statutory agencies to work more closely together to create strong, coordinated safeguarding arrangements.“ These are essential to safeguard learners and young people.”

They added: “We will continue to carefully review the report’s findings to identify any steps we can take to strengthen our regulatory work, and continue to build public confidence in the profession.“This includes collaborating with the relevant local authorities to discuss areas that are appropriate to our roles as the education regulator.”

Accountability and employment law

The tension between public accountability and employment law is not unique to the Foden case.Owen John, a Cardiff solicitor specialising in employment law, said public bodies can face competing legal rules when responding to questions about staff accountability.

“It’s a very, very difficult line to tread. In terms of the law, and employment law, employment law doesn’t really recognise the wider picture. 

“Employment law looks very narrowly at that relationship between the employer and the employee, but there is an element of public law here, isn’t there, which in a way conflicts with that, where public bodies are clearly accountable to the public – so there is an element of openness and transparency that is expected of public bodies.“ In a way, public law and employment law conflict here.”

Victim’s concern

A former pupil of Foden’s, who says she was abused by him in school and has previously appeared anonymously on BBC programmes, says she does not feel things have changed for victims since the Child Practice Review was published a year ago.To protect her, we are calling her Nia. This is not her real name.

“Gwynedd Council hasn’t always been open in my view,” said Nia.“

"From the very first day, they have been avoiding answering questions. They refuse to answer questions and hide behind employment law and processes."

“It doesn’t feel like accountability. It feels like they are protecting the organisation, not the children who were supposed to be protected.”

Nia, who contributed to the Child Practice Review, said she wanted to raise her voice “because it’s not just about getting things on paper. It’s about – do the victims feel safer? Do they feel they have been heard, believed – a year later?“At the moment, we don’t.”

The council’s response

A spokesperson for Gwynedd Council said: “We have now completed almost all of the recommendations that were in the independent Child Practice Review report and this has led to a transformation of all our arrangements in the field of child safeguarding in education.“We would be pleased to have any opportunity to spend time sharing information with anyone who wishes to know more about all this change, especially anyone with personal experiences from which we can learn.“

The voice of victims is crucial in the Justice Through Our Courage Report and we are proud that the child’s voice is given attention throughout all of Gwynedd Council’s arrangements by now.“

The Council has already confirmed that we are taking every step expected of us as a responsible public body.“We understand that some members of the public are frustrated that we cannot comment on human resources matters, but like every other fair and responsible employer across the country we follow normal national employment rules in matters like this.”

In addition to the north Wales local authorities, the Police have also introduced new safeguarding measures – such as additional training, strengthening multi-agency collaboration and appointing a youth officer.

Although there were no specific recommendations for North Wales Police in the Child Practice Review, there are many references to Ysgol Friars’ governance arrangements – noting that the chair and vice-chair of the board were officers with North Wales Police.

Essi Ahari was the chair when concerns were being raised about Foden.The review says he relied heavily on information and instructions from Foden and the school’s senior management team.

There were examples of Foden “drafting letters for the Chair of Governors to send in his own name” (page 71).And the former headteacher, according to the review, was “publicly taking advantage” of having “two North Wales Police officers as Governors” to “approve his decisions.”

Essi Ahari has now retired. 

But, following the child practice review, he has been assessed under police misconduct processes.

According to North Wales Police, the “Professional Standards Department” considered the report “in its entirety”, but “the case did not meet the threshold for serious misconduct.”

They also say that “new training” has been introduced for “police officers who are school governors” and that this was “as a result of the review”.

Newyddion S4C has been unable to contact Essi Ahari directly, but North Wales Police has passed on our details in case he decides he wants to respond.

Translated from Welsh to English.
Original article in Welsh by Elen Wyn, from S4C can be found here - 
https://newyddion.s4c.cymru/article/achos-neil-foden-cwestiynau-atebolrwydd-flwyddyn-ol-adolygiad-beirniadol