Exclusive:Fettes: More former pupils come forward after landmark abuse report as payout expected to reach 'millions'
Leading lawyer expects total payouts to reach ‘millions’
A senior lawyer involved in high-profile abuse cases against one of Scotland's most esteemed private schools has said more former pupils have come forward in the light of a damning report which detailed a decades long catalogue of suffering at the establishment.
Laura Connor, a partner at Thompsons Solicitors, said Lady Smith's report into the sexual and physical abuse meted out to children at Fettes College marked a "very important" step in the quest for justice, and expected the total compensation layouts to those affected to run into millions of pounds.
Lady Smith’s findings relating to the provision of residential care for children, published as part of the ongoing Scottish Child Abuse Inquiry, stated that Fettes “wholly failed” to protect children from “appalling” sexual and physical abuse over the course of at least four decades.
She said a headmaster and several teachers were among the perpetrators of the suffering, and said pupils could have been saved from the abuse they endured had complaints been heeded and acted upon.
In the wake of the report’s release, the governors of Fettes said they apologised “unreservedly” to those affected, and stressed that the “culture of safety and welfare at our school now is unrecognisable from the past.” However, the school’s governing body continues to face legal action relating to the historic abuse.
Four years ago, Ms Connor, head of the life impact team at Thompsons, helped secure a historic damages payout of £450,000 on behalf of a former pupil at Fettes who said he was abused by a former teacher at the school. The former pupil said he had pursued his case against Fettes to ensure “they fully appreciated the gravity of the harm that we suffered as children there.”
Ms Connor said that the publication of Lady Smith’s report and the subsequent publicity it received was having a near immediate impact.
“We have already had further pupils contact us, some about their own cases and others to offer support, which is very much appreciated,” she told Scotland on Sunday. “Clients tell us that they are encouraged to speak by hearing others reflect on their own similar experiences through the media. This is a very important source of support to a wider community of people.”
Ms Connor said the report confirmed what Thomsons’ clients "already knew through their own experiences, and those of others,” explaining: “We already had strong evidence of the abuse and negligence on the part of the school which is why we have been, and continue to, settle civil claims for damages against Fettes.
“The report raises public awareness and is a very important part in the overall journey towards justice. We will continue to pursue and settle cases but will be ready to refer to the evidence within this public document if efforts are made to defend them.”
Ms Connor said several cases represented by Thompsons had been settled to date, with several ongoing, and expected the overall settlement would be substantial. “The total figure secured will be millions,” she said. She falso expressed hope that Lady Smith’s report would make such a process easier.
“The defenders, in my opinion, could deal with the cases in a far better manner and with a trauma informed approach, ensuring the survivor's health and wellbeing is at the centre of all decision making,” she added. “I very much hope that they improve their processes as they reflect on the findings of this report.”
There have been several other civil actions brought against the school by other legal firms. Only last week, a former pupil who was repeatedly sexually assaulted by a teacher at Fettes was awarded more than £97,000 in damages.
Judge Lord Young said the victim, who was granted anonymity as part of the proceedings at the Court of Session, estimated the abuse happened two or three times a week from 1977 until 1979.
The high-profile of the inquiry’s hearings and findings to date has helped other survivors in their pursuit of justice by encouraging others to come forward with their own experiences and allegations of abuse.
Indeed, Lady Smith’s report points out that following the evidential hearings into abuse at Fettes, and subsequent media coverage, several petition warrants were granted detailing numerous charges against the former teacher, Iain Wares, who is named in her report as someone who conducted “prolific” abuse involving “very many children.”
Wares, who also taught at Edinburgh Academy, currently lives in South Africa where extradition proceedings to return him to Scotland are ongoing.
Another prominent law firm involved in civil actions against Fettes also welcomed Lady Smith’s report, and stressed that the journey for justice for other survivors did not end with the publication of her findings.
Richard Pitts, partner at Digby Brown solicitors, said: “This is one of the most highly anticipated rulings to come out of the Scottish Child Abuse Inquiry as many people have waited years for Lady Smith’s ruling,” he explained. “The findings will therefore be welcome recognition to the former pupils of Fettes who were preyed upon by some of the most toxic, perverse and dangerous individuals in recent history.
“The important thing as we move forward is to remember that the pursuit of justice for Fettes survivors does not stop with the publication of the findings - in fact, I hope this document serves as a catalyst for more people to speak out and seek the justice for what happened to them at that school.”
A spokesperson for Fettes College said: “We have considered and engaged respectfully with all civil claims, working very closely with our insurers and lawyers throughout to resolve these where appropriate as swiftly and compassionately as possible. In doing so, we have sought to be fair and to seek appropriate outcomes for all, the first claim being settled in 2022.”
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