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10.27 pm
Mr. Eric Clarke (Midlothian): I shall be brief, but I wish to identify myself with this affair, because Pathhead is in my constituency.
I congratulate my hon. Friend the Member for East Lothian (Mr. Home Robertson) on raising this terrible matter. Constituents in Pathhead drew my attention to it, fearing a gradual takeover of the village following the organisation's purchase of houses: they were afraid that it would be institutionalised under the auspices of the Algrade trust. The exploitation of the youngsters in the cafe was also drawn to our attention; what we did not know about was the abuse and cruelty meted out to handicapped children. That must be the greatest fear of the parents and grandparents of such children.
The Minister of State, Scottish Office (Lord James Douglas-Hamilton):
I congratulate the hon. Member for East Lothian (Mr. Home Robertson) on his success in securing this debate. I welcome this opportunity provided by him to set out the position on the Algrade trust and the action which has been taken. I am also grateful for the comments of the hon. Member for Midlothian (Mr. Clarke).
The Algrade home at Humbie in East Lothian opened in 1968 as a residential school for children with learning difficulties. It developed into providing accommodation also for adults, many of whom had been educated at Algrade. When it was established, it was well regarded by many residents, parents and independent parties. As a consequence, it was popular, and places in the home were sought after.
The home had charitable status, and was run by a group of trustees. Until mid-1995, it was run by its founding trustees. In 1982, the home was approved to provide 44 residential places and 70 day care places, but there has been a gradual reduction in the numbers, so that latterly Algrade provided accommodation for 33 adults.
As a social work establishment, Algrade was registered with the relevant social work authority--Lothian regional council--for most of its history. Thorough and regular inspections were carried out from the late 1980s, and
shortcomings were identified. These shortcomings related to management arrangements, staffing, the form of care, and general standards within the home. Meetings were held between the social work department and the trustees to discuss and agree on improvements. On each occasion, the trustees undertook to make the necessary improvements, but this did not always happen. Some improvements were made, but other points had to be returned to regularly.
In the 1990s, the concern of the registering authority increased, and serious concerns were reported by the social work department to Lothian social work committee.
In August 1993, Lothian social work authority decided that no further admissions should be made to Algrade. In September, the social work authority informed the chairman that one of the founding trustees should cease to have any involvement in the management of Algrade. She did not step down as asked. In 1994 the social work authority made a number of inspections, some unannounced, and held meetings with the trustees in order to keep a close eye on the implementation of recommendations for the improvement of the running of the home.
In October 1994, following further inspection, the social work authority gave notice to the board of trustees that the property could not continue to be used as a residential home. The reason was that the premises did not meet the necessary requirements. The building was not wind and watertight, and there were signs of damp in all the buildings. The heating was inadequate, and, in the winter months, temperatures were unacceptably low. Food storage and eating arrangements were unsatisfactory. There was also concern about the management, which had failed to comply with requirements.
In view of the importance of improving the management arrangements for the home, the social work authority approached the Church of Scotland, which very nobly agreed to take on the management of the home. This it did in October 1994.
I express my thanks to the Church of Scotland for stepping into this most difficult situation, for which it was in no way responsible. It placed its experience at the disposal of the trustees in order to bring about very necessary improvements. The new trustees are now responsible for the management of Algrade, and I have full confidence in their commitment and competence.
The Church of Scotland set as its main priority finding alternative accommodation for the residents. Many were attached to the community in Humbie, and had built up local friendships. However, it was important that their living conditions should be of a good standard.
The social work authority identified Wedderburn house in Musselburgh as a suitable temporary alternative. It was formerly a residential home for adults with learning difficulties, and was owned by the council. The regional council proposed to lease Wedderburn house to the trustees of the Algrade trust at a peppercorn rent of £1 a year. The Secretary of State's consent to this was received within a week of the proposal from the regional council.
The region's property committee gave its approval three weeks later. Some refurbishment was required, and the residents moved into their new home on 19 December 1995. Wedderburn house will now provide a home for the former residents of Algrade, for up to two years. In this
time, discussions will take place between the social work department and the trustees about more permanent accommodation arrangements.
The social work authority was also concerned about the arrangements for administering and looking after the money of residents at Algrade. The director of social work submitted a report to the Scottish Charities Office in October 1994. This was its first involvement. The Scottish Charities Office is a division of the Crown Office, established in 1992 and responsible for the supervision of charities and charities legislation. This legislation allows the Lord Advocate to make inquiries into concerns about misconduct or mismanagement in the administration of charities.
The report from the director of social work was not sufficient on its own to found a case. The Scottish Charities Office therefore initiated its own investigation. The allegations are complex, and are being investigated in detail by the Scottish Charities Office. Following the initiation of the investigation, the original trustees resigned, and, as I said, have been replaced by new trustees.
I pay tribute again to the new trustees, who have backgrounds in teaching, accountancy and medicine. They have taken on a difficult situation, and are already in discussion with the social work department, parents and guardians of residents. The new trustees have also been working with the Scottish Charities Office in its investigation of the previous administration.
The intervention of the Scottish Charities Office demonstrates our new charities legislation in action. It has allowed the charity to continue to function in the interests of those it looks after. It has saved the charity, in the best interests of its beneficiaries. It is investigating the allegations fully and fairly, in the interests of justice for the trustees. It would be wrong for me to comment further on the possible outcome of an investigation that is still in hand. If the hon. Member for East Lothian has evidence of fraud or embezzlement, he should send it to the proper authorities--in this case, the Lord Advocate--as a matter of duty.
On account of the complexities, the matters have been taking some time, but the resources of the Scottish Charities Office are sufficient for the work load. I am satisfied that there are no fundamental shortcomings in the supervision of charities legislation.
I turn to the allegations of sexual and other abuse.
Lord James Douglas-Hamilton:
May I answer some of the other points made by the hon. Gentleman? He can intervene later.
We regard the allegations of sexual and other abuse as very serious. I understand that, in October 1994, a resident made an allegation of sexual abuse against a male member of staff. The police investigated it and interviewed the member of staff concerned. The resident, however, withdrew the allegation, and the police had no basis on which to take forward the case.
More recently, as the residents have got used to the new arrangements and their confidence in the new Church of Scotland staff has grown, they have started to talk about their experiences, and eight complaints have been made about the same member of the former staff who was
concerned in the earlier allegation. The police are now investigating those complaints through their women and children unit, and are treating the complaints seriously. The member of staff ceased working there in October 1994.
The residents have also made other allegations of a serious nature. Those include physical abuse, being made to stand out of doors at night in underwear as a form of punishment, and the expression of concern about aspects of their diets. There has also been a complaint that the father of a man attending on a day basis at Algrade was pressurised to alter his will, linking it to the arrangements for the future long-term care of his son.
All those complaints are being investigated by Lothian and Borders police, who are working closely with the Scottish Charities Office, Lothian region social work department and, of course, the Church of Scotland. As all the allegations are under investigation, it would be wrong for me to comment on them.
The present position is that there are new trustees, new management in the form of the Church of Scotland, and new premises at Wedderburn house. Investigations are being pursued into allegations of sexual abuse and fraud. We are anxious to see what lessons need to be learned. In particular, I am asking the chief inspector of social work to visit the Church of Scotland so that we may learn what lessons its members think could usefully be learned in the light of their current responsibility for the residents,
I turn to the general issues raised by the case. As I have already said, we do not yet know fully what lessons may be learned. We are, however, clear about the importance of the inspection and registration function of local authorities in detecting and dealing with any problems which may arise in residential care homes. The Secretary of State is about to issue guidance to all authorities, particularly aimed at the new authorities, on their statutory responsibilities for inspection. It describes the key tasks to be carried out, giving particular attention to the issues that may be raised following reorganisation.
In addition, a Scottish Office internal working party, which includes full representation of outside interests, including the Church of Scotland, is discussing possible changes in registration arrangements for residential care homes. That working party reflects the issues raised with certain residential care homes and nursing homes for elderly people, but its remit extends more widely. It will certainly take account of any lessons which may be learned from Algrade. The group will be making recommendations to me and my right hon. Friend the Secretary of State very shortly. It might be helpful if I set out the current arrangements.
Local authorities are required to register private and voluntary residential homes. Registration is required where the whole or a substantial part of an establishment's function is to provide personal care or support as part of a planned programme.
As part of the overall responsibility for maintaining standards, the Social Work (Scotland) Act 1968 identifies three main aspects to which an authority should give particular consideration. Those who own and control an establishment should be "fit" persons to carry on the establishment; the premises should be "fit" for the purpose for which they are registered and the level and experience of the staffing should be appropriate; and registration should have regard to the way in which care is provided.
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