Terms of Reference Designed to Deny the Truth

Terms of Reference Designed to Deny the Truth

The Rape Gangs Inquiry Is a Whitewash. Here Is the Proof.

The Government has published the draft Terms of Reference for the grooming gangs inquiry. These terms will decide what the inquiry is permitted to find. These Terms do not expose the officials who failed children. They protect them. The whitewash starts in the drafting, before a single witness sits down.

Independent Inquiry into Grooming Gangs: draft terms of reference

Conservative and Labour MPs have read the same Terms and reached the same conclusion. When politicians from opposing benches agree that an inquiry has been constructed to protect the guilty, the question is who wrote it this way and why?

Children were raped in towns across this country for decades. People in authority knew. Some of them chose not to act. Those decisions were recorded in emails and briefing notes. The officials who wrote those documents still exist. Some of them are still employed by the state. Some are in government.

This document was not written to find them. It was written so that nobody ever has to.

The Chair Can Ignore All of It

The Terms read

"The Inquiry may consider (as determined by the Chair): the nature, adequacy, and timeliness of organisational responses; missed opportunities for intervention; the response to individuals who reported grooming gang crimes; whether ethnicity, religion or culture played a role."

Every item on that list is optional. The Chair decides what gets examined. She may look at none of it and the Terms will have been complied with.

The Terms should state that the Inquiry must examine each of the following in every local area under investigation. Not may. Must. With a written explanation laid before Parliament for any item excluded, naming the item, naming who made the decision, filed publicly before the exclusion takes effect.

A single word was available to the people who wrote this document. Must. They chose may. That choice was made for someone.

The Perpetrators Were Predominantly Pakistani Muslim Men. The Victims Were Chosen Because They Were White. The Terms Will Not Compel Anyone to Establish That.

The Terms read

"The Inquiry should examine how ethnicity, religion or culture played a role in responses at a local and national level. It will also consider the background (including ethnicity, religion and culture) of perpetrators and victims."

Should examine how it played a role. Not whether Pakistani Muslim men deliberately selected White girls as victims. Not whether police commanders closed files to avoid accusations of racism.

Court transcripts show perpetrators specifically targeting victims because of their ethnicity. Evidence from multiple inquiries confirms that police and councils suppressed investigations because the perpetrators were of Pakistani origin. Internal communications exist in which community cohesion was cited as a reason to close active files on organised child rape. Those communications are sitting in council servers right now. The Inquiry is not required to demand them.

The Terms should require the Inquiry to establish with findings of fact whether Pakistani Muslim perpetrators selected White victims on racial and religious grounds, and whether police and council officers suppressed investigations to avoid accusations of racism.

Every internal communication in which community cohesion was cited in connection with a decision not to investigate must be disclosed in full, read into the public record and attributed by name to the individual who wrote it.

The Inquiry can conclude that ethnicity was a sensitive dimension of a difficult institutional environment and move on. The communications proving that officers left white girls with their Pakistani abusers to protect community relations stay in the servers where they have been sitting for twenty years.

Nobody Goes to Prison

The Terms read

"The Inquiry should make referrals to relevant professional bodies, as appropriate, where failures to carry out duties and responsibilities are suspected."

Professional bodies. Not the National Crime Agency.

A director of children's services who received written warnings about organised child rape and chose not to act has committed Misconduct in Public Office. That is a common law criminal offence carrying a maximum sentence of life imprisonment. A professional body will hold a confidential internal hearing staffed by people from the same world as the person under investigation. The outcome will not be published in full. Nobody will go to prison.

The Terms should state that where evidence meets the threshold for Misconduct in Public Office, referral to the National Crime Agency is mandatory and immediate. The Chair has no discretion. That obligation runs from the first day of hearings to the last and cannot be deferred to the conclusion of the Inquiry.

The people who drafted these Terms knew the difference between a professional standards panel and a prison sentence. They chose the one that keeps public officials, police officers and politicians out of court.

The Sentences That Let Rapists Walk

The Terms say nothing about sentencing.

Court transcripts released by Open Justice UK show that judges accepted the importance of perpetrators within their communities and families as mitigation. Some perpetrators walked out on suspended sentences for the rape of children. The children who gave evidence in those courts watched it happen.

The Terms should require examination of sentencing outcomes across all grooming gang prosecutions within scope, establishing by reference to named cases whether cultural or community standing was accepted as mitigation and whether the sentences handed down failed the victims who gave evidence to obtain them.

Judges who reduced sentences because a rapist was important to his community will not be asked to account for that. The Terms were written to ensure they never are.

The Cover Started Before 2000. The Inquiry Cannot Go There.

The Terms read

"The Inquiry should examine issues arising between 1 January 2000 and the setting-up date of the Inquiry."

The Hussain network in Rotherham involved trafficking and cross-regional criminal activity dating from the 1980s. Under these Terms it cannot be examined in full. The decisions made in the 1990s to ignore early victims and build the institutional cover that protected offenders for the decades that followed are outside scope.

The Terms should require the Inquiry to examine evidence predating 1 January 2000 wherever that evidence establishes how networks were formed or how individual officers and officials decided to look away. A date on a page does not define when a cover-up began.

Your Town May Not Make the List. There Is No Appeal.

The Terms read

"The Inquiry will not attempt to be exhaustive. The criteria used to select local areas will be agreed between the Government and the Inquiry within three months of the formal setting-up date."

No guaranteed locations. Selection agreed in private between the Government and the Chair after the process has already started, with no parliamentary oversight and no right of challenge.

BBC reporting has confirmed that children as young as 14 are being raped by grooming gangs in London right now. London does not appear on any guaranteed list because no guaranteed list exists.

The Terms should state that every area where evidence of grooming gang activity and institutional failure exists must be investigated. Selection criteria must be published before the Inquiry starts and approved by Parliament. No council has any power to limit, delay or veto a local investigation. Every investigator must have no prior employment by or contractual relationship with any body under examination.

If your town is not selected, you will be told it did not meet criteria written in private by the people whose institutions are under investigation. There is no mechanism to challenge that decision. That absence protects the institutions under investigation.

The Government Rewrites the Terms Investigating Its Own Councils

The Terms read

"These Terms of Reference must be reviewed on an annual basis between the Home Secretary and the Chair. These Terms of Reference may be amended to reflect that work schedule."

The Government reviews the Terms of the inquiry investigating its own councils. It does this annually, behind closed doors, with the power to rewrite them. There are no requirements to report publicly to Parliament. No fixed milestones. No mechanism that forces findings into the open before the three-year clock runs out.

The Terms should state that they are fixed at the outset and cannot be amended without a vote in Parliament. The Inquiry must report publicly to Parliament every six months with findings to date. The Government has no role in determining which areas are investigated, which individuals are examined or what the findings are before publication.

Instead, the Government that presided over councils that covered up the rape of children gets to sit down with the Chair every twelve months and review the Terms of the inquiry investigating those same councils. Nobody in the room at those meetings will represent the children.

South Yorkshire Police Investigates Itself

The Terms read

"Where there are lines of inquiry the Inquiry is unable to pursue due to ongoing criminal proceedings, this should be noted in the relevant report, but should not delay the timely delivery of that report."

If a live criminal investigation touches an area the Inquiry wants to examine, the Inquiry steps back, notes the gap and moves on. Criminal investigations run for years. The Inquiry runs for three. Enough ongoing investigations in enough relevant areas and the Inquiry produces a report full of documented gaps and calls it complete.

South Yorkshire Police officers have been exposed raping children in police cars in Rotherham. Those cases are now subject to police investigations.

This clause potentially protects police forces from investigation.

The Inquiry cannot examine South Yorkshire Police while those inquiries run. Not just any officers potentially in the dock. The entire force is off limits. Every commander who knew what their officers were doing and said nothing. Every superintendent who received intelligence and buried it.

South Yorkshire Police investigates itself. The Inquiry notes the gap and moves on.

The Terms should state that ongoing police investigations and criminal proceedings do not close any line of inquiry. The Inquiry must work in published, formal coordination with the National Crime Agency and an independently appointed force with no prior connection to South Yorkshire. A documented gap is not a finding. It is an admission that the structure was designed to produce one.

The commanders who knew what was happening in those police cars remain inside the institution that employed them, protected by proceedings that were never designed to reach them.

The National Network Has Never Been Examined

The Terms mention trafficking once, in the definition section, and do not return to it.

There is no requirement to trace financial links between offenders. No requirement to follow the movement of victims across towns or across borders. No requirement to investigate connections to organised crime networks operating internationally, including those with established links to Pakistan and Albania.

The structure of the Inquiry compounds this. It is built around distinct towns. Rochdale may get a local investigation. Rotherham may also gets a local investigation. Oldham gets a local investigation, if it makes the list. Each town is treated as a contained problem with its own contained failures. That framing protects the networks. It is the same framing used for thirty years to ensure the connections between those towns are never examined.

Men who offended in Rochdale were connected to what was taking place in Oldham. Victims were moved. Money moved. The networks shared personnel and in some cases the same organised crime infrastructure that extended well beyond the north of England. None of that can be found by an inquiry that investigates one town at a time.

The Terms should require the Inquiry to establish whether grooming networks operated across boundaries with shared logistics, finances and personnel and to investigate organised crime networks operating internationally, including those with established links to Pakistan. The fact that this has never been done in thirty years of local reviews is the reason it must be central to this one.

Every inquiry has stayed local. The national network has never been examined. The people who designed this inquiry knew that when they built it town by town.

Another Charter. No Guarantees.

The Terms read

"Victims and survivors must be at the forefront of the Inquiry's approach, with trauma-informed engagement and support appropriately provided. It must develop a charter about how victims and survivors can participate."

A charter. A promise to develop a document about participation.

Survivors gave evidence to local reviews that produced recommendations nobody implemented. They gave evidence to the Independent Inquiry into Child Sexual Abuse. That report sits unacted upon. They do not need another charter. They need mandatory referral to the National Crime Agency written into the Terms, their town guaranteed on the list, an inquiry the Government cannot rewrite annually.

The Terms should state that the process for survivor participation and the safeguarding provisions for those who come forward must be published before the Inquiry begins. Survivors must be represented by advocates with no prior employment by or contractual relationship with any body under investigation. Where survivor testimony meets the criminal threshold it triggers mandatory referral to the National Crime Agency. Those are obligations written into the document before it starts, not assurances offered during it.

A survivor who names a senior council official in testimony has no guarantee that name goes to the National Crime Agency. It goes wherever the Chair decides it goes. The Terms were written to keep that decision out of the document and inside one person's discretion.

Every Omission Was a Decision

An inquiry follows its instructions.

The local investigations may consider what matters, as determined by the Chair. Criminal referral goes to professional bodies, not the National Crime Agency. The cutoff date removes the years when the cover was built. Town selection is agreed privately between the Government and the Chair on criteria that do not yet exist. The Terms can be rewritten annually. The judiciary is untouched. International trafficking networks are untouched. Parliament receives nothing until the end.

Every one of those gaps has a remedy and every remedy is a sentence that was available to the people who drafted this document and was not written. Not by accident. By decision.

The children who were failed the first time are still waiting. They were failed by people who made choices. This document was written so the people who made those choices never have to answer for them in court.

That is what you are reading. Do not let anyone tell you otherwise.

The Government has opened a public consultation on these Terms. That consultation closes. When it closes, the Terms bed in and the window to change them shuts.

A cross-party campaign backed by Conservative and Labour MPs has published ten specific demands to strengthen the Inquiry. Each one addresses a gap identified in this piece. If you are in the UK you can add your voice to that consultation directly at groominggangjustice.uk. It takes less than a minute. The children who were failed by these institutions spent years waiting for someone to act. Spend the minute. Please. Here is the link.

Grooming Gang Justice — Strengthen the Inquiry
Campaign to strengthen the UK Independent Inquiry into Grooming Gangs. Read our 10 demands and add your voice.

I’m Raja Miah MBE. For seven years, I led a campaign that exposed how senior Labour politicians helped protect Pakistani rape gangs. The people of my town helped force the national inquiry.

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