The Scottish Child Abuse Inquiry was established in October 2015 to inquire into cases of abuse of children in care in Scotland. It started with opening statements on 31 May 2017. The Inquiry states that, subject to its Terms of Reference, "The overall aim and purpose of this Inquiry is to raise public awareness of the abuse of children in care, particularly during the period covered by the Inquiry. It will provide an opportunity for public acknowledgement of the suffering of those children and a forum for validation of their experience and testimony." The Inquiry is to "cover that period which is within living memory of any person who suffered such abuse, up until such date as the Chair may determine, and in any event not beyond 17 December 2014". It was to report and make recommendations within four years, but this deadline was later changed to "as soon as reasonably practicable". The inquiry had been criticised by abuse survivors after the three original members of the panel resigned over an eight-month period. Supreme Courts of Scotland judge Lady Smith was appointed as chairwoman of the inquiry in July 2016; since February 2017 she has been the sole member of the panel.
In September 2017, an investigation by BBC File on 4 and the Sunday Post revealed evidence that the bodies of up to 400 children from Smyllum Park had been buried in a mass grave. The orphanage looked after 11,600 children between 1864 and 1981. The investigation followed on from the discovery in 2003 of an unmarked burial plot in St Mary's cemetery, by campaigners searching for evidence of physical abuse which they believed many former residents had experienced. In addition to burial records examined in 2003 which reported that some children had died of malnutrition, the 2017 investigation uncovered allegations of abuse including beatings, punches, public humiliations and psychological abuse. A former resident at the home told BBC Stories of her own experiences of "systematic abuse" including an incident in which her arm was broken by a nun who discovered her being sexually abused by a priest. She stated "every child was beaten, punished, locked in a dark room, made to eat their own vomit and I would say that most of us had our mouths rinsed out with carbolic soap." Two representatives of the Daughters of Charity had given evidence to the Scottish Child Abuse Inquiry earlier in 2017, claiming that they could find no records of any abuse taking place. Following investigation by Police Scotland into the mass burial site, The Crown Office acknowledged the level of public concern but said there was currently no evidence of criminal activity. In response to questions asked in the Scottish Parliament, childcare ministerMark McDonald confirmed that at the time of the deaths there was no requirement for private burial authorities to keep a register of burial plots. In August 2018 police arrested and charged nuns and other former staff of Smyllum Park, eleven women and a man, regarding alleged child physical and sexual abuse; enquiries continued. In October 2018 the Scottish Child Abuse Inquiry found children at Smyllum Park orphanage were abused sexually and beaten with leather straps, hairbrushes and crucifixes. The children experienced "no love, no compassion, no dignity and no comfort." The inquiry report states that:
Children were sexually abused in Smyllum. Children were sexually abused by priests, a trainee priest, Sisters, members of staff and a volunteer.
There was also problematic sexual behaviour by other children.
Children were physically abused. They were hit with and without implements, either in an excess of punishment or for reasons which the child could not fathom.
The implements used included leather straps, the "Lochgelly Tawse," hairbrushes, sticks, footwear, rosary beads, wooden crucifixes and a dog's lead.
For some children, being hit was a normal aspect of daily life.
The physical punishments meted out to children went beyond what was acceptable at the time whether as punishment in schools or in the home.
Children who were bed-wetters were abused physically and emotionally.
They were beaten, put in cold baths and humiliated in ways that included "wearing" their wet sheets and being subjected to hurtful name-calling by Sisters and by other children.
Many children were force-fed.''
The Daughters of Charity responded that the events and practices described were not in accordance with their values, and that they would give the report "our utmost attention". They apologised to anyone who suffered abuse while in their care.
