On 5 November 2026, the Scottish Government published the terms of reference for the new public inquiry into group-based child sexual abuse and exploitation (CSAE) in Scotland. The inquiry is to be chaired by Professor Alexis Jay.
The inquiry will assess the extent to which state and non-state bodies and relevant institutions failed to protect children from this harm; investigate the prevalence of group-based CSAE to understand the factors that allowed such abuse to happen; and make recommendations that seek to ensure that past mistakes are not repeated.
The relevant institutions crucially list both state and non-state bodies. These will include the Scottish Government; the police; the Crown Office and Procurator Fiscal Service; local authorities; health services; schools; charitable institutions; and churches and other religious denominations and organisations.
The terms of reference specifically note the need to make reasonable efforts to minimise duplication of investigation, evidence gathering and reporting, regarding the work of any other established inquiry. In doing so, it will liaise with other public inquiries as necessary.
The terms of reference raise an obvious question: how will the Jay Inquiry interact with the existing Scottish Child Abuse Inquiry (SCAI)?
The two inquiries have distinct starting points.
The SCAI, chaired by Lady Smith, is concerned with the abuse of children in care in Scotland. Its remit includes children in institutional residential care, including care provided by faith-based organisations, and requires it to consider whether institutions and other bodies failed in their duty to protect children from abuse. Its historical remit extends to abuse occurring within living memory, with a cut-off no later than 17 December 2014.
The SCAI’s forthcoming Phase 11 includes the exploitation of children in care, together with the investigation and prosecution of complaints and the measures required to protect children from abuse in the future.
The Jay Inquiry has a different focus: group-based child sexual abuse and exploitation, and the response of institutions and agencies to it, from 1996 onwards.
A case involving a child in care who was groomed and sexually exploited by a group between 1996 and 2014 could therefore engage both inquiries.
The inquiries nevertheless approach the issue through different lenses. The SCAI’s central focus remains children in care and the responsibilities of those entrusted with their protection. The Jay Inquiry can consider group-based sexual abuse and exploitation across a wider population.
For organisations and public bodies, however, the boundary may sometimes be less clear. Evidence concerning safeguarding practices, reporting of allegations, information sharing and referrals to police or social work could potentially be relevant to both.
The creation of the Jay Inquiry does not remove exploitation of children in care from the SCAI’s remit. Indeed, in March 2026 Lady Smith expressly stated and encouraged survivors to provide evidence about grooming to the SCAI following the announcement.
In short, Scotland will have two statutory inquiries examining distinct but potentially intersecting aspects of child sexual abuse.
Going forward, a key issue will be how the inquiries coordinate their work, particularly where the same survivors, institutions or evidence could potentially fall within both remits, and how unnecessary duplication is avoided.
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