Freshfields and Lewis Silkin drawn into Save the Children misconduct scandal
Freshfields and Lewis Silkin named as advisers in letter sent to International Development Committee by charity's former chair
May 30, 2018 at 09:52 AM
3 minute read
Save the Children opted not to reopen a disciplinary investigation into allegations of inappropriate behaviour by former chief executive Justin Forsyth (pictured below), on the basis of advice given by Lewis Silkin and supported by Freshfields Bruckhaus Deringer, it has emerged.
The two firms' involvement was confirmed in a letter sent to the International Development Committee by the charity's former chair Sir Alan Parker earlier this month.
The letter states that both firms provided employment advice to the charity, with Freshfields approached on a pro bono basis in October 2015 to offer an opinion on advice the charity had already sought from employment specialist Lewis Silkin.
The firms advised on the way the charity handled staff complaints about Forsyth's conduct, made in January 2012 and March 2015. They looked at whether the charity should reopen an investigation into Forsyth after complaints about the way it was handled, but did not offer advice on the complaints themselves.
According to Sir Alan's letter, the charity was initially advised by Lewis Silkin that there would be "no good reason" to reopen the disciplinary matter after issues were raised by complainants about the handling of their reports, as there had been "no new allegations" against Forsyth.
As a result of this advice, the charity opened an internal review into the way it handles complaints, but did not reopen the disciplinary matter.
The charity subsequently turned to Lewis Silkin on a second occasion, with a separate partner confirming in September 2015 that a disciplinary matter should only be reopened in "exceptional circumstances".
According to the letter, the charity then called on Freshfields on a pro bono basis in October 2015, to again ask whether it should "reopen an investigation in relation to the original complaints made against Justin Forsyth". It states that Freshfields "agreed" with Lewis Silkin's advice and that the charity's trustees unanimously chose not to reopen the investigation after the internal review into the handling of complaints was completed.
The letter goes on to say that while the complainants were likely not aware of the legal advice, the charity had acted "specifically in accordance with the legal advice it received".
Sir Alan, who resigned as chairman of the charity in April this year, was last week questioned by a parliamentary committee investigating sexual abuse in the aid sector about the sums spent on legal advice, following allegations made against Forsyth and Brendan Cox, the widower of murdered Labour MP Jo Cox.
Conservative MP Pauline Latham accused the charity of spending £100,000 in legal fees with media firm Harbottle & Lewis "to shut the story down", however Sir Alan denied that Save the Children had sought to quash stories about sexual harassment allegations. He said: "It was not an attempt to close anything down – it was just an attempt to make sure the organisation was protected."
Lewis Silkin and Freshfields declined to comment.
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