Legal battle over Jersey care abuse evidence

The inquiry cannot use evidence from the X-Children

Jersey's Minister for Health is fighting a legal bid by abuse victims to have evidence from their case against the States used in an inquiry.

Three siblings are suing the States over nine years of abuse after concerns were first raised in 1999.

The so-called X-Children - two of whom are now adults - want confidential expert reports to be used in Jersey's care inquiry into historical abuse.

The inquiry has redacted copies but cannot use them to question witnesses.

'Huge public interest'

The children's lawyer, Advocate Timothy Hanson, told Jersey's Royal Court on Tuesday the reports could help the inquiry and improve social services for future generations.

He said he saw no reason to oppose the move other than the fear of embarrassment for the States.

"The inquiry says these reports are clearly relevant across a whole range of subjects," he said.

"There is a huge public interest in helping the inquiry."

The court heard the inquiry supports the children's bid, but did not send anyone to Tuesday's hearing.

The inquiry declined to comment on the X-Children case.

Advocate Debbie Corbel, acting for the Health Minister, said the inquiry had already seen these particular documents, and should be able to reach its own conclusions without publishing the reports.

She also criticised the inquiry for mistakenly posting the confidential reports on a website for interested parties.

Commissioner Pamela Scriven, presiding, said she would consider the arguments and relevant case law, before issuing a written judgement.

In August, Frances Oldham QC, who chairs Jersey's inquiry into historical child abuse, accused various States departments of hampering the inquiry by withholding documents, saying delays would add to costs.