National Confidential Forum - A consultation on the creation of a Forum for Adult Survivors of Childhood Abuse in Residential Care

Confidentiality and other Protections

26. The experience of TTBH demonstrated the need for the Forum to operate within a general climate of confidentiality (although full confidentiality could never be assured as information would require to be passed to the police if the Forum became aware of an ongoing risk to someone). The Forum will have a duty to report any ongoing crime that is apparent from the hearings. It will also support participants who wish to report to the police allegations of criminal abuse that took place during their time in residential care.

27. TTBH had to develop practices to mitigate any risks that information provided in confidence might require to be disclosed. Since the new Forum is to have a statutory basis, we are considering other protections which might be put in place to bolster the confidentiality of the Forum. These include giving the Head of the National Confidential Forum and others sitting with him or her at the hearings some protection from being sued and, if possible, restricting the extent to which confidential information would have to be disclosed under other statutory requirements. It may be that protection is also needed for participants in the National Confidential Forum and we are seeking views on this.

Q8. Do you think that the participants should be protected from legal action in connection with their participation in the Forum?