Former head of abuse inquiry loses legal action

The former chair of Scotland’s child abuse inquiry has lost a £500,000 damages claim against the Scottish Government. Susan O’brien QC resigned in June last year after formal proceedings were launched to remove her following claims she made comments that were “offensive” to survivors.

The lawyer said she took the decision because she could not reassure the public that the inquiry would be conducted independently of government and had been left with no alternative.

A case at the Court of Session in Edinburgh was lodged against the Scottish Government that the motion to remove her from chairing the inquiry “constituted a material breach of contract” and was against her rights under the European Convention on Human Rights.

She was seeking damages of £500,000 but a written judgment by Lord Pentland ruled the action “must be dismissed”.

In his conclusion, the judge said: “The pursuer has not pled a relevant case of breach of contract or infringement of her Article 8 rights. In consequence, the action must be dismissed.”

A Scottish Government spokesman said: “We welcome this decision, which confirms that ministers acted lawfully in exercising their responsibilities under the Inquiries Act 2005.”