HELLO !!! LET ME INTRODUCE MYSELF
Ian Josephs M.A. (Oxon)
ABOLISH FORCED ADOPTION !!
My name is IAN JOSEPHS . Social services have never hurt me,my family,or my friends,but their wicked abuse of power has simply shocked me into action ! Many will say that I overstate and exaggerate my case thereby undermining it.I promise you that on the contrary I am understating it as things are now far worse than the public could possibly imagine or accept as credible if I revealed all !After all can anyone answer this question?
HOW CAN SOCIAL SERVICES JUSTIFY THE REMOVAL OF BABIES AT BIRTH FOR "RISK OF EMOTIONAL ABUSE" AND THEIR SUBSEQUENT FORCED ADOPTION BY STRANGERS ?
I live and work in Monte Carlo where I own and run a language school. I have an Oxford University law degree but I am not a solicitor or a barrister. So. . . . Who am I really ? and Why do I do what I do ?
I am NOT repeat NOT another "mother Teresa"and I rarely give to charity (in case I end up paying for the director's rolls royce!) but fighting the often brutal actions of Social Services is a cause very close to my heart. Social Services have never hurt me, my family or anyone close to me so I have no personal axe to grind but I HATE THE ABUSE OF POWER and particularly the way the bullies in social services ruthlessly destroy the very families they are supposed to protect. As a matter of principle I never charge a fee and never accept any money whatever for any expenses
My book is available at cost price:- £6.82p (229 pages) or download for FREE! by clicking here: www.lulu.com
If you don't have a credit card you can buy a copy directly from the author by sending a cheque or a postal order payable to Ian Josephs for £11 (this includes postage) to:
Ian Josephs
HLI
20 Avenue de Fontvieille
MC 98000 Monaco
This is the situation!!
1:-There really are SECRET COURTS in the UK. 215 MPs of all parties signed the "early day motion" below.
EDM 869
WORKING OF THE CHILDREN ACT 2004
26.10.2005
Pickles, Eric
That this House urges the Government to remove the veil of secrecy from the workings of the Children Act 2004; considers that the closed door policy of the family courts breeds suspicion and a culture of secrecy which does nothing to instil confidence in those using them, which affects not just the courts but the social services departments of local authorities; and believes that it is possible to preserve the anonymity of children involved in the proceedings without the cumbersome rules which obstruct parents from receiving advice and support, which in particular works to the disadvantage of parents with special learning difficulty.
2:;-These courts take children from loving parents who have committed no crime.
3:-These parents lose their children for ever to adoption by strangers. The children adopted are refused access to records of their birth parents or siblings at least until they are 18, and usually for the rest of their lives;
4:- Parents are GAGGED and regularly sent to prison in secret proceedings if they reveal what went on in court.
5:-Establishment judges make decisions to take thousands of babies for risk of possible future emotional abuse.
(Extract from The Times, Aug 23 2007: “Emotional abuse” has no strict definition in British law. Yet it now accounts for an astounding 21 per cent of all children registered as needing protection, up from 14 per cent in 1997. Last year 6,700 children were put on the child protection register for emotional abuse, compared with only 2,600 for sexual abuse and 5,100 for physical abuse. Both of the latter two categories have been falling steadily. Meanwhile emotional abuse and “neglect” - which replaced the old notion of “grave concern” in 1989 - have been rising. Both are catch-alls. But emotional abuse is especially vague. It covers children who have not been injured, have not complained, and do not come under “emotional neglect”.
6:-No jury would take babies from mothers because some expert made predictions of their future behaviour.
(Extract from The Sunday Times, Nov 18th 2007):A review is still going on of 700 cases in which bogus forensic scientist Gene Morrison gave evidence. Morrison, 48, from Manchester who was sentenced to five years for fraud in February, admitted he pretended to be an expert witness and bought his qualifications on the internet because it “seemed easier” than getting real ones.
For many of the genuinely qualified experts, legal work is a lucrative sideline, and if they are perceived to be able to “tailor” their evidence convincingly, the commissions keep flowing in. John Hemming, a Liberal Democrat MP campaigning about the misuse of medical evidence, says fees for a basic written opinion, based on reading through existing files, start at £4,000. If the expert concludes there is a case to answer, they attract court attendance fees as well.
“I have known experts get as much as £28,000 for one report,” said Hemming, who is lobbying for experts to be required to produce the scientific publications on which their opinion is based: “Unless we start using evidence-based evidence in court, we will get nowhere.”)
7:-Criminals facing 6+ months in prison can demand a jury;parents losing their children for life cannot.
8:-Pregnant mothers with no criminal records or disabilities are told their babies will be taken at birth!
9:-Local authorities are rewarded by central government for reaching "adoption targets" hence adoption is prioritised.
10:- Fosterers get up to £400/week/ child,special schools up to £7000/week,adoption agencies,experts lawyers all cash in lavishly!
SO :- What to do?
- Stop the secrecy and the gagging of parents.
- Stop adoptions of children for emotional abuse or for "risk",and open adoption records to children already adopted.
- Stop judges deciding cases of long term fostering or adoption,and give juries the final decision. Better still abolish forced adoption altogether !
- Stop excessive rewards for those who live off the misery caused by this wicked system!
This would be a very very good start!
THE GOLDEN RULES!!
Do PLEASE remember the golden rules :- (By all means print this off and keep the copy near at hand if SS approach!Show these rules to your lawyer or social worker to prove that you KNOW your rights!)
REMEMBER THESE EVEN IF YOU FORGET EVERYTHING ELSE I HAVE ADVISED!
1:- Never contact social services for help or advice .Usually you should not report a partner who batters you or even a stranger who sexually assaults your young child, as if you do the SS will as often as not take your children into care(and later for adoption) to "protect them" from risk !If they have your children and you are fighting to get them back,NEVER NEVER tell social workers how you think you are going to defeat them, or what you are going to do next !Remember ,without mentioning it to "them",that even if your children are "in care" social workers do not have the legal power to stop your children going to a call box to phone you or even meeting you for a meal as long as they return "home" to the fosterers afterwards!
2:- Never believe a word they say and always insist they put their promises down in writing.Always be pleasant and polite to social workers,and remember that they may deliberately try to provoke you into shouting or violence that they will exaggerate in court leaving you with a criminal record and no children!When they shout at you forget your "pride" and look very hurt saying "why are you being like this to me?" or"I thought you were so nice until now, please don't bully me!" Be very respectful "tongue in cheek", but never follow their "helpful advice" especially if they say your only chance of getting your children back is to split from a partner, or parent you love and respect! They will try and turn you against each other as the "divide and rule" principle makes sure you are confused and demoralised when you lose your case and your children too ! Quite often they arrange deliberately awkward contact times with your children. This can result first in the loss of your job and then as a consequence of that ,your accommodation also.Object loudly and forcefully in court to their plans and fight hard to keep your job and your house or appartment.
3:- NEVER,NEVER,NEVER, sign any documents they present to you,even if they say "you have to!" Social Workers rely on BLUFF.In reality they have NO POWER and no right to threaten you or give you orders of any kind!Only a COURT via an order from a judge can give you orders,and you always have the opportunity to contest those orders in court either before or after they are given to you.No matter what threats,or promises they make ,you can be 100% sure that if you get intimidated into signing they will break their word and expect you to keep your's! so, DO NOT SIGN !!
4:-Never, never agree to let your children go into foster care (especially if they say it is temporary) Never "agree" the thresholds even if you are advised that this will ensure the return of your children,because if you do you will have admitted neglecting or abusing your child and the only question left will be to decide if you have really repented and are capable of "change"! Usually the answer is no !Sometimes your own lawyer may tell you to agree the thresholds and/or agree to an interim care order otherwise "you will never see your children again !"That is a wicked lie designed to save the lawyers work and to help you LOSE your children ! BEWARE !
5:-Never answer questions at case meetings , in court, or when you are being assessed by so called "experts,"(psychiatrists,therapists,psychologists, counsellors,professionals, and the like) with more than 5 or 6 words (they write down anything unhelpful you may let slip). Try indeed to answer "yes" or "no" whenever possible . Never explain or elaborate as this only gives extra material to those who wish to discredit you.
6:-Protect yourself against social workers barging uninvited into your home by fitting a small chain inside your front door.This means that if you do not unlatch the chain when you see who is calling that person would have to push the door hard enough to break the chain which would be a "forced entry "and a criminal offence if committed without a document from the court such as a "recovery order" specifically allowing entry using reasonable force .Unless they have good reason to believe someone in the house is in danger of severe physical harm police also would have to have a warrant before breaking the chain . Usually they will not have one and would have to convince a judge that a serious crime had been or was about to be committed before one was granted.
7:-If social services request a look at your medical records (probably to try and find something to discredit you) ALWAYS write to any doctor or psychiatrist that has seen you as follows:-
"I respectfully request you to keep all my medical notes strictly confidential as I intend to take legal proceedings against social services and any other persons who might obtain my medical details without my express authorisation".
8:-Never write a letter to anyone connected to Social Services as you might include something that could damage your case in the family court.Only accept a solicitor if he/she promises to allow you a free hand to speak in court! You should be asked this simple question in the witness box "Have you anything you would like to say to the court?"Without this promise you may be "gagged" and you can lose your case without being allowed to say a word!
Represent yourself if you can ,but if you really do need the assistance of "professionals" the following contacts can be useful!
USEFUL CONTACTS:- (Actually on your side not that of social services !)
SOLICITOR:
Sandra Bradley
PRINCIPAL
Bretherton Law
First Floor
Alban Row
27-31 Verulam Road
St Albans
Herts AL3 4DG
DX 6101 St Albans
T. 01727 869293
F. 01727 853767
BARRISTER:-
DARREN WATTS, TANFIELD CHAMBERS, 2-5 WARWICK COURT, LONDON
WC1R 5DJ. Telephone Number (0207) 431-5300.
- SOLICITOR:--Wm Bache tel 01722713370 Website= www.williambache.co.uk and through him I advise
BARRISTER Andrew Scott described by "The Telegraph" as " the people's champion
BARRISTER.- Dr John Fox
Chambers of Ami Feder,
Ground Floor,
Lamb Building,
Temple,
London EC4Y 7AS
DX 1038 (Chancery Lane)
Tel: 020 7797 7788
Fax: 020 7353 0535
e-mail: clerks@lambbuilding.co.uk
Out of hours tel: 07721 339232
PSYCHOLOGIST:- Dr Lowenstein tel 02380692621 and website = www.drludwigfredlowenstein.com
Here are 4 important questions that SHOULD be answered by social services or by family court judges but which have so far been systematically ignored !
1: - It must surely be the right of parents and anyone else in a democratic country wishing to complain against injustice to go to the media with details of everything that happened to them in the family court Most judges in family courts refuse leave to appeal and solicitors always back them up so the idea of appealing when leave has been denied is nearly always a "non starter". Parents are at present denied their democratic right to go to the media to get public and political support followed by possible reform ! How can this be justice?
2: - Harriet Harman,(minister of state, Department of constitutional affairs )said in Parliament "Last year something like 200 people were sent to prison by the family courts, which happens in complete privacy and secrecy."
Surely those who still deny these facts cannot believe she was lying to Parliament! How can imprisonment with no public process be justice?
3: -Extract from The Times, Aug 23 2007: “Emotional abuse” has no strict definition in British law. Yet it now accounts for an astounding 21 per cent of all children registered as needing protection, up from 14 per cent in 1997. Last year 6,700 children were put on the child protection register for emotional abuse, compared with only 2,600 for sexual abuse and 5,100 for physical abuse.
How can taking newborn babies for "risk of emotional abuse" possibly be justified when the effect is to punish parents and abuse their babies not for anything they have done but for something that some hired prophet thinks they might perhaps do in the future,How can this be justice?
4: -Any burglar facing a prison sentence of 6 months or more can demand a hearing before a jury so how can it be right or just that parents who risk losing their children for life to "forced adoption" are denied this option . Juries consider complicated medical evidence in cases such as murder, and compensation for injuries, also complicated tax laws in cases of fraud, and insider dealing. The simple decision whether a mother accused of risk of emotional abuse should keep her newborn baby or not would I think we must all agree be more likely to favour the mother if considered by a jury but records show that such cases nearly always favour the social services if decided by a judge. That is probably why juries are banned from the family courts but allowed to decide libel cases in other civil courts! To take a newborn baby from its mother and give it away for adoption by strangers is a far far worse punishment for her than any jail sentence as it condemns the mother to a life sentence and the baby to probable death later in life if it should require a kidney or bone marrow transplant or other medical attention in which a birth family member was needed but could not be located! How can this be justice?
The 4 obvious reforms would be:-
1;- Remove the gag from parents involved in family court proceedings
2:-Forbid judges in the family courts to imprison any parent without a public hearing.
3:-Abolish "risk" as a reason to remove children from a sane parent unless in addition to risk it can be clearly shown and proved that such children have already suffered significant physical harm.
4:-Any parents facing the possibility that their children could be removed for long term fostering or adoption without parental consent should have the right to demand that the final decision be made by a jury not a judge.Better still abolish forced adoption altogether !
Re K D [1998] 1 AC p.812 letter B Lord Templeman stated; ‘The best person to bring up a
child is the natural parent. It matters not whether the parent is wise or foolish, rich or
poor, educated or illiterate, provided the child’s moral and physical health are not
endangered. Public authorities cannot improve on nature
My comments on the recent House of Lords debate concerning identification of sperm or egg donors are as follows:-
- So called "experts" in the secret family courts make crystal ball type predictions of "risk of future emotional harm" or "risk of neglect" .Few families can defend themselves against future "predictions"so compliant family court judges almost inevitably "go along" with social service requests that the children be placed for adoption with strangers!Even when very rarely,parents are cleared by the courts ,once the adoptions have been rushed through they are forbidden to know where their children are or to have any contact with them whether the children want it or not !
A parliamentary question revealed that more than 200 parents a year are secretly jailed for daring to reveal details of those who accused them in court or for contacting their own offspring contrary to a court order.Parents are often forbidden from knowing whether their offspring are alive or dead ,and if the latter they usually find out a very long time after the deaths occured.
Children are all too often split up and adopted by different families. This must be contrary to their human rights as all too often they are forbidden to contact their siblings and may not even know of their existence .If many years later a child needs a replacement kidney or bone marrow transplant the birth family records are rarely revealed and very often declared "lost" .so the unfortunate child whose needs are supposed to be "paramount" is in fact callously left to die for want of a family donor !
No complicated Bill is needed to remedy this situation. Quite simply every child should have access to their original and truthful birth certificate clearly identifying parents where known whether they be natural or donors.
The State should outlaw the production of deliberately fake birth certificates and should tell all children the truth about their parentage when asked.Forced and closed adoptions are both recent and equally undesirable innovations.They serve to demonstrate once again that parents should never be deprived of knowing where their children are, or worse still be jailed for trying to find out!
Judges condemn ‘foul play’ on adoptions
Rosemary Bennett, The Times 2/5/2008
Two senior judges have strongly criticised a local authority that forced through the adoption of a baby girl against the wishes of her father.
Lord Justice Thorpe accused East Sussex County Council of being determined to have the child adopted “by means more foul than fair”, while Lord Justice Wall accused it of “disgraceful” conduct.
He ordered that copies of their ruling, handed down at the Court of Appeal yesterday, be sent to all family judges and every adoption agency in the country as a warning that the wishes of both parents had to be taken into account in care proceedings.
The case involved a child, known as J-L, who was adopted earlier this year. She was born in November 2006 after a casual relationship between her mother and father, known as MC. He only knew that he had a daughter after the local authority contacted him last summer to tell him care proceedings were under way and asked for a DNA test.
The mother had been living with her baby daughter in a special unit, but had abandoned the baby there. The local authority recommended adoption and placed J-L with foster parents in the meantime.
The father said that he was unable to take part in the initial care proceedings because he was in hospital after a heart attack. When he discovered that adoption plans were well advanced, he went to solicitors who immediately contacted the local authority to try to stop them. However, his intervention through a solicitor’s letter was ignored and never recorded formally at subsequent meetings. The local authority then allowed the adoptive parents to begin to look after the baby girl the day before the father’s legal case went to court.
A further attempt by him to stop the adoption was blocked by the council using the 2002 Adoption and Children Act. Yesterday’s ruling was in response to the father’s appeal on grounds of a breach to his human rights.
“The council’s failure to answer that letter and subsequent placement on the eve of the hearing give rise to the clearest inference that the council was out to gain its ends by means more foul than fair,” Lord Justice Wall said.
“There are many who assert that councils have a secret agenda to establish a high score of children that they have placed for adoption. When such suspicions are rife, a history such as this only serves to fuel public distrust in the good faith of public authority.”
People still find it hard to believe that in the UK secret family courts are taking thousands of children annually from parents that have never been accused or charged, let alone convicted of any CRIME.Yet that is exactly what is happening right now ! These children are split up permanently from their grief stricken families for the rest of their lives. They are then given up for adoption to anonymous strangers so that government adoption targets can be met . Local authorities can then be rewarded by massive extra funding from central government under public service agreements.Just look at this answer to a parliamentary question by the Secretary of State !
Adoption: Standards
Tim Loughton:
To ask the Secretary of State for Children, Schools and Families which local authorities have received payments from central Government for achieving adoption target levels; and how much each received in each of the last three years. [151067]
John Healey:
I have been asked to reply.
30 local authorities have been rewarded for successfully achieving adoption targets in their local public service agreements (LPSA). The better outcomes and amount of ‘performance reward grant’ (PRG) each has received over the three years 2004/05 to 2006/07 in relation to their performance in these targets is set out in the following table. In addition, 13 local authorities did not achieve the adoption targets in their local PSA and hence received no PRG for this target. One local authority is still to make a claim
Local PSAs—which are negotiated between local authorities and central Government policy departments, facilitated by the DCLG—have helped to incentivise local authorities and partners to provide better public services to their citizens around priorities for improvement locally. Evaluation shows they have been successful in doing this, with real benefits in improved outcomes for local people and communities.
| Local PSA adoption and placement targets: payments made to date under local PSAs |
| Local authority |
Amount of ‘reward grant’ paid (£) |
|
Barnsley Metropolitan Borough Council
|
210,173.00
|
|
Blackburn with Darwen
|
307,367.00
|
|
Bristol City Council
|
307,512.00
|
|
Buckinghamshire County Council
|
526,958.00
|
|
Bromley (LB)
|
499,440.00
|
|
Camden (LB)
|
318,916.50
|
|
Cheshire County Council
|
685,134.00
|
|
Doncaster Metropolitan Borough Council
|
578,333.00
|
|
Durham County Council
|
502,675.00
|
|
Enfield (LB)
|
244,963.00
|
|
Essex County Council
|
2,469,200.00
|
|
Gloucestershire County Council
|
612,209.00
|
|
Greenwich (LB)
|
580,996.00
|
3 Sep 2007 : Column 1703W
|
Halton Borough Council
|
153,938.00
|
|
Hampshire
|
1,675,619.00
|
|
Hounslow (LB)
|
165,019.00
|
|
Kensington and Chelsea (LB)
|
339,117.00
|
|
Kent County Council
|
2,156,583.00
|
|
Lewisham (LB)
|
602,854.00
|
|
Liverpool City Council
|
347,404.00
|
|
Luton Borough Council
|
400,027.00
|
|
Manchester City Council
|
984,877.00
|
|
Merton Borough Council
|
358,708.00
|
|
Northamptonshire County Council
|
1,119,115.00
|
|
Sheffield City Council
|
1,025,000.00
|
|
Southwark (LB)
|
435,242.00
|
|
St. Helens Metropolitan Borough Council
|
83,845.00
|
|
Wandsworth (LB)
|
387,627.00
|
|
Warwickshire County Council
|
231,061.00
|
|
York City Council
|
203,620.00
|
GOOD NEWS!
Thanks in some small measure to this site and all the others who have campaigned adoption targets will be abandoned on April 1st 2008.
More than 100 children have been adopted in the borough during the last three years, after the Council met a target from central Government target that many experts thought would be unachievable.
The Government target, known as a Local Public Service Agreement (LPSA), challenged the Council to successfully achieve 101 adoptions or secure placements during the last three year period in return for £500,000 of funding.
At the time, the Council felt that the bar was set too high, as in the previous three year period only 71 children had been adopted - a figure that was then considered to be very high.
However, H&F’s adoption team swung into action and pulled out all of the stops in order to meet the target.
A TRUE STORY
T'was the night before Christmas,the four children slept
The "ss" were coming,their mother just wept !
Five burly policemen soon broke down the door,
We've come for your children,we must take all four!
The "ss" have told you "keep perfectly calm"
Your kids are at risk of emotional harm !
So struggling and kicking and screaming with fright
Four little children went off in the night !
The mother sat weeping,her children were lost
Adoption the target,and don't count the cost!
The welfare of children ,that is the thing,
And think of the cash that adoption will bring !
IAN JOSEPHS
WHO PROFITS FROM THE ADOPTION RACKET?
Local Authorities(stars,beacon status, and financial rewards under public service agreements .(see above)
Very highly paid "professionals" presume to "assess" the parenting skills of distraught mothers who have had their children taken into care.(around £3000 per 2-3 hour session ),"legal aid lawyers" (a case in the family courts costs an average of £70,000 per day so total legal costs of over £500,000 for one case are not unusual! ,)Therapists, psychiatrists , and counsellors who are paid around £3000 for a few hours work eagerly predict that parents might "emotionally abuse" their children at some time in the future. Tame medical experts somehow always side with social services against the parents.(They also receive around £3000 for one afternoon session plus a report)
Foster parents(up to £400per week per child plus allowances for Xmas and holidays)Special schools charging up to £7000 per week per child(as shown on tv channel 4,) Adoption and fostering agencies charging up to £18,000 per placement.
Do we get value for money? Well this is what the BBC had to say!
Wednesday 15th MAY 2002
Can children in care avoid prison?
David Akinsanya was raised by the state and in a special BBC Two documentary he asks why so many kids leaving the care system end up in prison.
Government statistics show that 49 per cent of children in care go straight to prison. With 56,000 children in the British care system today, that means 28,000 are set to receive custodial sentences.
David Akinsanya believes the problem lies with the care system itself.
He says the care system is inflexible and does not offer appropriate care to young people.
Research found that 42 per cent of young prostitutes had been in care at some point
Published: 14 December 2006 By the "INDEPENDENT"
The Government's own research highlights how the care system is not simply a negligent parent but at times probably more dangerous than the family from which some children have been taken. A study commissioned by the Home Office has looked at the link between hard drug use, sex work and various vulnerability factors. The results are astonishing, if not heartbreaking.
Less than 1 per cent of the child population is looked after by the state, but the research found that 42 per cent of young women prostitutes interviewed had been in care at some point in their lives. "This is an extraordinary figure, which demonstrates that looked after children are very vulnerable to involvement in drug use and sexual abuse through prostitution," the report concluded.
Extract from the Telegraph:-
Official figures show that only six per cent of the 60,000 children in care gain five or more A* to C GCSEs and more than a third are not entered for a single GCSE.
Conviction rates for young people in care are three times the rate for other juveniles. One in four girls leaving care is pregnant or already a mother. A recent case which caused outrage involved a 12-year-old living in a children's home in Blackburn who became pregnant while working as a prostitute.
Dismal outcomes are the norm despite the £2.5 billion a year spent looking after them. It costs £100,000 a year to keep a child in a children's home, more than four times the fees at top private schools such as Eton or Winchester.
Fostering can cost up to £30,000 a year, compared with the £7,500 a year that state boarding schools charge parents for accommodation, with the £5,000 cost of education covered by the local authorities.
Harriet Harman (Minister of State, Department for Constitutional Affairs) Link to this | Hansard source
My hon. Friend raises an extremely important point, which she has put to me in a written question, so I know what the answer is. Last year something like 200 people were sent to prison by the family courts, which happens in complete privacy and secrecy. The idea that people are sent to prison without any reports of the proceedings makes even more important the work that we are undertaking with the family courts, and with the important intervention of the Constitutional Affairs Committee, to open them up so that they act in the public interest while maintaining personal privacy
Only in the SECRET family courts are punishments(losing their children to long term fostercare or worse still adoption by strangers) imposed on persons(parents) who have neither committed a crime nor even been accused of committing any crime! THERE IS NO OTHER CASE IN UK LAW WHERE THIS CAN HAPPEN!
--------------------
British justice: a family ruined
A chilling example of our secret State where a mother and child are forced into hiding
by Camilla Cavendish,The Times, February 21, 2008
Last autumn a small English congregation was rocked by the news that two of its parishioners had fled abroad. A 56-year-old man had helped his pregnant wife to flee from social workers, who had already taken her son into care and were threatening to seize their baby.
Most people had no idea why. For the process that led this couple to such a desperate act was entirely secret. The local authority had warned the mother not to talk to her friends or even her MP. The judge who heard the arguments from social services sat in secret. The open-minded social workers who had initially been assigned to sort out a custody battle between the woman and her previous husband were replaced by others who seemed determined to build a guilty case against her. That is how the secret State operates. A monumental injustice has been perpetrated in this quiet corner of England; our laws are being used to try to cover it up.
I will call this couple Hugh and Sarah. Neither they nor their families have ever been in trouble with the law, as far as I know. Sarah's only fault seems to have been to suffer through a violent and volatile first marriage, which produced a son. When the marriage ended, the boy was taken into temporary foster care for a few months - as a by-product of the marriage breakdown and against her will - while she “sorted her life out” and found them a new home. But even as she cleared every hurdle set by the court, social workers dreamt up new ones. The months dragged by. A psychologist said the boy was suffering terribly in care and was desperate to come home. Sarah's mother and sister, both respected professionals with good incomes, apparently offered to foster or adopt him. The local authority did not even deign to reply.
For a long time, Sarah and her family seem to have played along. At every new hearing they thought that common sense would prevail. But it didn't. The court appeared to blame her for not ending her marriage more quickly, which had put strain on the boy, while social workers seemed to insist that she now build a good relationship with the man she had left. Eventually, she came to believe that the local authority intended to have her son adopted. She also seems to have feared that they would take away her new baby, Hugh's baby, when it was born. One night in September they fled the country with the little boy. When Hugh returned a few days later, to keep his business going and his staff in jobs, he was arrested.
Many people would think this man a hero. Instead, he received a far longer sentence - 16 months for abduction - than many muggers. This kind of sentence might be justified, perhaps, to set an example to others. But the irony of this exemplary sentence is that no one was ever supposed to know the details. (I am treading a legal tightrope writing about it at all.) How could a secret sentence for a secret crime deter anyone?
Sarah's baby has now been born, in hiding. I am told that the language from social services has become hysterical. But if the State was genuinely concerned for these two children, it would have put “wanted” pictures up in every newspaper in Europe.
It won't do that, of course, because to name the woman and her children would be to tear a hole in the fabric of the secret State, a hole we could all see through. I would be able to tell you her side of the story, the child's side of the story. I would be able to tell you every vindictive twist of this saga. And the local authority knows perfectly well how it would look. So silence is maintained.
And very effective it is too. The impotence is the worst thing. The way that perfectly decent individuals are gagged and unable to defend themselves undermines a fundamental principle of British law. I have a court order on my desk that threatens all the main actors in this case with dire consequences if they talk about it to anyone.
Can that really be the way we run justice in a country that was the fount of the rule of law? At the heart of this story is a little boy who was wrenched from the mother he loves, bundled around in foster care and never told why, when she appears to have been perfectly capable of looking after him. When she had relatives who were perfectly capable of doing so. In the meantime, he was becoming more and more troubled and unhappy. To find safety and love, that little boy has had to leave England.
What does that say about our country? The public funds the judges, the courts, the social workers. It deserves to know what they do. That does not mean vilifying all social workers, or defending every parent. But it does mean ending the presumption of guilt that infects so many family court hearings. It does mean asking why certain local authorities seem unable to let go of children whose parents have resolved their difficulties. It does mean knowing how social workers could have got away with failing to return this particular boy, after his mother had met all the criteria set by a judge at the beginning. It is simply unacceptable that social services have put themselves above the law.
We need these people to be named, and to hear in their words what happened. We need to open up the family courts. We need to tear down the wall of secrecy that has forced a decent woman to live as a fugitive, to save her little boy from a life with strangers, used like a pawn in a game of vengeance. Even if the local authority were to drop its case, it is hard to see how Sarah could ever trust them enough to return. At home, for their God-fearing congregation, the question is simple: what justice can ever be done behind closed doors? And in whose name?
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Jailed: The man who helped his wife flee abroad as social workers threatened to take their baby
By FIONA BARTON, Daily Mail 7th Feb 2008
A father is in jail and his wife is in hiding abroad with her children after he helped them flee the country to escape social services, it emerged yesterday.
The businessman's wife was heavily pregnant with their first child - and was terrified the baby would be taken at birth by social workers - when he drove his family to Dover, and then on to Paris.
She had a second reason for fleeing - she believed her eight-year-old son from a previous marriage was to be adopted against her wishes.
Her 56-year-old husband was arrested on his return to Britain, and later jailed for 16 months for abducting the eight-year-old, known as Child S.
The boy's mother, who is a professional woman in her 40s but cannot be identified for legal reasons, has since given birth prematurely to a girl and is struggling to cope far from friends and family.
Her plight raises further disturbing questions about the secret family courts which only last week were in the spotlight when social workers illegally snatched a newborn baby from its mother.
Such cases are shrouded in the heaviest secrecy - with families threatened with jail if they discuss their fears that their children are being removed unjustly.
But the story of the father and his family in hiding can be revealed for the first time because he appealed in a criminal case - which can be reported - begging for his 16-month jail sentence to be reduced.
His plea to the High Court was dismissed and the father, who has never seen his baby daughter, was led away in tears.
A teacher friend of the father was also in tears.
The friend said: "This isn't justice. They are a law-abiding family with respect for the police, but putting him in prison for protecting his family makes the law an ass. What good does it serve?"
The three appeal judges were told yesterday how Child S's parents had separated in 2004 after a volatile and violent marriage.
The mother claims she was told the boy would be taken into temporary foster care until she "sorted her life out".
But when she asked for his return, social services refused.
After months of legal battles, a family court judge sided with the council's plan to put the boy up for enforced adoption. By this time, the mother was pregnant.
A friend said: "She was led to believe by social services she would have no chance of keeping the child she was carrying, which is outrageous. She was in despair."
According to papers before the appeal court, she then made contact with her son at school last September and whispered instructions to him through the playground fence.
In the early hours, Child S "crept out" of his foster home to meet his mother and stepfather and the escape plan was under way.
The mother left a note which claimed: "We had to go." The court was told that detectives believed the mother and children were in Spain or France.
Dismissing the appeal, Mr Justice Bennett acknowledged the "powerful emotions" involved, but said: "Such proceedings taken by a local authority must be respected by parents.
"Those who act must expect a prison sentence because a real punishment is called for and to deter others who might be subject to the same pressures."
The judge expressed his disbelief that the father did not know the whereabouts of his wife.
The father - who has adult children from a previous marriage - is being destroyed by prison, a friend said outside court.
She added: "He is absolutely shell-shocked by the actions of the courts. Basically, they have said you are not allowed to be human in your responses.
"What parent wouldn't act to stop their child being taken from them? He has aged ten years and gone grey with the worry of it all."
Free the 'Grandfather One'
Is it really in the public interest that a grandparent is jailed for not avoiding his grandson?
Camilla Cavendish, The Times, December 13, 2007
Two MPs have put down an early day motion in the House of Commons to bring attention to what they believe is a miscarriage of justice. It notes that a man named Charles Roy Taylor has been sent to prison for 20 months for being in contact with his stepgrandson. It “wonders if this is a good use of scarce prison resources; and calls for the Secretary of State for Justice to consider whether he should be released for Christmas”. Jack Straw no doubt has bigger things on his mind. And no story like this is ever as simple as it looks. But it deserves attention.
Charles Roy Taylor is a 71-year-old with a heart condition. He knew that a jail sentence was the penalty he might pay if he did not take steps to avoid his stepgrandson. But this seems desperately unfair. The teenager, whom we shall call John, has been in care since his mother died of an overdose. He has been phoning his grandparents and running away to see them for some time. In the end, social services became concerned that the grandparents were “undermining the care plan” by continuing to see John. It does not appear to be clear to the grandparents what the care plan is. But it does not seem to include them, even though they could presumably be John's first port of call when he leaves the care system at 18.
It is not the local authority's fault that this child had a difficult childhood. In taking responsibility for him, social workers were doing their best. Neither he nor his grandparents sound like the easiest people to deal with. But as in so many cases of this kind, bitterness between the family and the authorities appears to have escalated into a ludicrous situation, which simply cannot be in the best interests of the child.
After a great deal of argy-bargy that I cannot go into for legal reasons, Mr Taylor last year gave an undertaking not to communicate with John until he was 18. But asking a man not to pick up the phone to a child, not to take him in when he turns up at the front door, is a harsh demand. It is tantamount to asking him to deny that the child exists, when what that child may need most is attention.
In stalking cases, when Person A is ordered to avoid Person B, it is usually at the explicit request of Person B, who fears assault. In this case, Person B was apparently desperate to see his grandparents. He seems to see them as his best hope. So in whose interests was such an order? If he has broken his undertaking, Mr Taylor has surely been responding as humanely as most of us would. A jail sentence seems wholly disproportionate.
When I first learnt of this case I felt that there must be more to it. That perhaps the grandparents were suspected of abuse. I can find no evidence of any such allegation. Indeed, the authorities initially seemed happy to leave them in contact with John. What appears to have happened is that the exchanges between the family and social workers became increasingly bitter, all of whom no doubt believed themselves to be in the right.
The council cannot comment on individual cases. It will say only that “Mr Taylor was sentenced by the High Court after he breached a court order”. It cannot comment on John's treatment in care. John seems unhappy. He has apparently asked to be discharged. But his voice can only be heard within the system, a system he seems determined to rebel against.
There is a growing campaign on the internet to release Mr Taylor. This has two parts. The first is that a 20-month jail sentence is preposterous when the prisons are so overcrowded that dangerous criminals are being released early. The second is that Mr Taylor was allegedly committed to jail in a “secret court”. This seems unlikely. But it is an allegation that is made frequently. Legally, you cannot send someone to jail in a secret court. In practice, it is questionable whether a judge sitting in a family court from which press and public are excluded, who declares the court open for a few minutes to pronounce sentence, is really “open”.
This matters, because the view of the legal profession increasingly seems to be that the less we know the better. The justification for keeping family courts closed, despite the recommendations of the Commons Constitutional Affairs Select Committee, is to protect children's privacy. Yet this argument is no longer confined to the family courts. It is increasingly being trotted out in criminal cases too.
In the past month, one court has ruled that the defendants in a witchcraft trial, who were alleged to have done unspeakable things to children, could not be named in case this led to the identification of their victims. Another court banned publication of anything about a mother accused of poisoning her child with salt, in case the information affected her surviving child. The Times has recently succeeded in overturning yet another ruling, that a man who pleaded guilty to making indecent images of children could not be named in case his relatives might suffer. The Court of Appeal found that the man should be named, and that the attempts to restrict the proceedings were invalid.
The law must not become a secret process. Some lawyers seem convinced that the media want to identify vulnerable children, but it is always possible to write these stories without doing so. Seeing that justice is done is a fundamental part of law.
What is sad is that our elaborate system of child protection, which is designed to put children first, has sometimes become a way of avoiding accountability. The two MPs are right to ask whose interests Mr Taylor's jailing serves. Presumably, the last thing John wants is for his grandfather to be in jail. They are both victims of a system that asks us to take on trust that it knows best. But prison is surely the wrong place for Charles Roy Taylor.
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My baby had cancer but social workers falsely accused me of child abuse and took all three of my children
By SUE REID
Daily Mail, 22 February 2008
One November afternoon at just after two o'clock, Louise Mason stood in a hospital ward and kissed her 11-week- old baby goodbye.
She had dressed the little girl with care, packing a suitcase of tiny clothes and soft toys. Inside, she had placed a handwritten letter to the foster parents who would look after her in the future.
On that day five years ago, Louise felt as though her heart would burst.
"I wrote down everything about my daughter," she told me this week.
"I said she had colicky attacks at six in the evening, and should be rocked until she slept. I said she needed to be coaxed to take her milk."
After writing that sad note, the young mother from Northampton was forced to hand over the baby girl to social workers, who carried her off to her new home.
Louise, 32, then returned to her house, with its empty cot, in the seaside city of Derry, Northern Ireland. It must have been one of the loneliest journeys of her life.
The baby girl - now aged five - has never been returned to this wholly innocent mother who, because she was wrongly accused of harming her baby, also subsequently had two other children taken away from her.
This week, though, a High Court revealed there had been a terrible miscarriage of justice, and ordered that Louise must be reunited with all her children.
Furthermore, the judge, Mr Justice Gillon - in an age where children are removed from their parents by family courts sitting in secret - took the extremely unusual step of allowing Louise to be named, and for the tragic details of her case to become public.
In a statement he said: "The workings of the family justice system in this case are matters of public interest, and do merit public discussion. Public confidence in the process is necessary, and the emergence of the changing circumstances of this case merits an open discussion."
He went on to list the extraordinary catalogue of events which began when, worried out of her mind, Louise took her sickly month- old baby daughter to her GP, begging for help.
These shocking details shed light on a family justice system normally hidden from view.
Of course, there are parents who harm their children and deserve the full punishment of the law.
But in the family courts, thousands of children are removed from their parents to adoption or foster care in deeply dubious hearings which never become public.
If anyone speaks about the details - to a neighbour, to a friend, to a relative - they are in contempt of court.
Crucially, the courts' culture of secrecy means that if a social worker lies, or fabricates notes, or a doctor makes a mistake, then no one finds out, and there is no retribution.
It is only because Louise was charged with a criminal offence in an open and public court - like other innocent mothers wrongly accused of infanticide, such as Angela Cannings and the late Sally Clark - that her harrowing story can be heard.
Louise was born in Northampton, the youngest of three. Her father had a plastering business, and her mother raised a close, caring family.
By the time she was in her 20s, Louise was running a successful restaurant. A few years later, she met her boyfriend, who came from Derry, and the couple had a baby. They moved to Northern Ireland to set up home.
Louise says now: "I came here in 2001, thinking Derry was the perfect place for children to grow up."
The couple had a second baby - another girl, born a healthy 7lb. But then she and her partner split up, leaving Louise a single mother.
"I was quite able to cope with the toddler and the baby, who was very placid," explains Louise. "I was a full-time mother and proud of it."
Then came the bombshell. One Saturday, when the baby was just four weeks old, Louise noticed that she was looking very ill, as though she was about to collapse.
In fact, it is now known that without medical care she would have died within an hour.
"I rushed my daughter around to our local doctor, who immediately rang the Derry hospital. I hurried there with this little bundle in my arms.
"The baby was taken off me in the children's ward. I next saw her five hours later, at 7pm.
"One of the doctors then sat me down and said: 'It is touch and go'" The team mentioned right away that it might be cancer. I remember that as though it were yesterday," says Louise, crying this week at the memory.
"The next morning, they again said cancer was suspected."
A day later, on the Sunday, the baby was taken by ambulance to the Royal Belfast hospital 60 miles away. She had a blood transfusion and tests. By the Tuesday, three days after the emergency admission, Louise was hoping that she would get a proper diagnosis.
But further investigation had showed that the left kidney and the area around it was swollen, and among medical staff there was a wide variety of opinion about the cause. Before long, doctors became highly suspicious that this was, in fact, caused by an injury.
Louise was called into a room and confronted by a doctor.
"He asked me if I had done anything to hurt my baby. He said he had called the social services and the police. I promised him I had done nothing to my child."
Her words fell on deaf ears. Back home, her elder daughter, who was being cared for by a neighbour, was collected by social workers and taken into foster care.
Yet still the trusting Louise thought it would all be sorted out in a few days. How wrong she was.
Seven weeks later, on November 15, 2002, the police contacted her.
"They asked me to attend the police station for an interview under caution. They said I was suspected of grievous bodily harm with intent."
The interview dragged on. At lunchtime, Louise was put in a cell. She was distraught.
"I was frozen with fright," she recalls.
"I kept telling them that there was no bruising or redness found on the baby, so how could I have hurt her?"
Four days later, worse news followed: her baby daughter was to be taken into foster care, too.
At the hospital, she was told by social workers to get the 11-week-old baby she was accused of harming ready. Her fingers trembling, Louise dressed her baby and kissed her goodbye.
From then on, she was allowed to see her children at a special supervised centre for only four-and-a-half hours a week.
They were delivered to the centre from their foster homes by social workers, and then taken away again.
"The eldest one could remember me," says Louise, "but I had hardly had a chance to bond with the new baby before she was taken from me."
All the time, Louise faced a barrage of accusations. The authorities claimed that she was a potential killer.
A leading member of the social work team told her: "I do not think you are safe to be left in a room alone with any boy or girl."
In January 2004 - a little over year later - a formal application to take the children into care was made in the family division of the Northern Ireland High Court in Belfast.
The medical evidence given by five doctors from the hospitals was damning. They said Louise had deliberately hurt the baby girl with great force.
"It was then that they began to make noises about adoption,' says Louise. 'My legal team were fighting hard, but it was a battle we could not win because we did not have the medical evidence." The children remained with their foster parents.
That autumn, Louise was brought before a criminal court in Derry facing two charges of causing grievous bodily harm to the baby girl.
It was only then that anyone listened to her.
In an emotional outburst, she blurted out to the jury that she wanted to take a lie detector test to prove that she had done nothing wrong. It was the turning point. The jury believed her, and in November 2004 she was acquitted of the charges. However, her children remained in care.
Meanwhile, the story of the mother begging for a lie detector test was reported in the local Press. By chance, the consultant radiologist who had treated Louise's baby girl at the local hospital on the very first day she was brought in, read the article and was appalled.
He remembered the case and the wide divergence of medical opinion, yet had never known that Louise was under suspicion or that she was to have been prosecuted. He was convinced then that the child was suffering from a rare form of cancer of the left kidney, called neuroblastoma, which could have caused the bleeding.
Dr D - as he was called in Mr Justice Gillon's judgment this week - contacted Louise's solicitor and offered to help clear her name.
"It was a miracle," Louise told me.
"That doctor was my guardian angel. The last years have been very hard for me. I was pilloried. It felt like torture having my children taken from me."
Even though she had been acquitted, the social workers appeared to ignore the verdict.
But Dr D told Louise's solicitor that he was struck by the "power" of her request to the jury to have a lie detector test.
He offered to help, suggesting that a team of independent paediatricians, including experts on kidneys, cancer and non-accidental injury, should be asked to give their own opinions on the findings of the five hospital doctors.
Significantly, the independent experts thought that the baby's internal bleeding had occurred naturally. And when their testimony was produced by Louise's lawyers at a Court of Appeal hearing, the judges quashed the family court rulings.
As a result, in June last year the Foyle Health and Social Services Trust, which covers Derry, said it no longer intended to pursue their action to keep Louise's children in care or have them adopted. It was an almighty climbdown.
By then, however, another tragedy had happened on the say-so of the social workers.
In 2005, a year after she had been acquitted, Louise had became pregnant for a third time.
She is reluctant to talk about the father, or name him, although they are no longer together - but at Christmas time, when she was heavily pregnant, the social workers called and told her they planned to take the latest addition away from her at birth.
"I couldn't believe my ears," says Louise.
"I had been declared not guilty in a criminal court - yet they still had both my children and were wanting my new baby. It was torture."
The baby was born early in 2006. True to their word, Louise had just given birth and was trying to breastfeed when the social workers arrived at Altnagelvin Hospital, Derry.
The nurses, on the instructions of the social workers, took the newborn baby away to safety in another ward while Louise's solicitor remonstrated with them that it was cruel to do such a thing.
It was five hours before the baby was returned to Louise in the maternity unit.
Ten days later, when she was about to leave hospital, the social workers returned and seized the child, placing the baby with foster parents.
Only recently - following the collapse of the Social Services Trust case - has Louise been given back the baby, and her eldest child, too.
She has missed a whole chunk of their early years.
But perhaps the saddest thing of all is that the little girl who was so sick as a baby may never return home again. She has known no mother or father apart from her foster parents, and has bonded with them very closely.
Although she has now recovered - significantly, it was a form of cancer that can go into remission of its own accord, without the need for surgery or chemotherapy - her left kidney does not function normally.
But she is happy with the couple whom she calls her Mummy and Daddy.
Recently, as part of a phased plan to reunite her permanently with her natural family, she came back to stay with Louise for a night.
"She cried terribly for her foster parents all the evening - it made us all unhappy," says Louise, sadly.
"She knows me, but will only call me Mummy Louise. It breaks me into pieces.
"She may never come home and live with me again because she wants to be with the only people she has ever recognised as her parents. It may be cruel to take her back now."
It is, by any standards, a tragic indictment of the child protection system.
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What do our MPs who represent us in parliament think about all this?
Prime Minister Responds on Adoption
Q6. [163661] John Hemming (Birmingham, Yardley) (LD): In England in 2006, 4,160 children under five were taken into care and more than 60 per cent. of them—2,490—were adopted. However, in Scotland 574 left care and 373, roughly 64 per cent., went home to their parents. Can the Prime Minister explain why in England children under five who leave care get adopted, while in Scotland they go home to their parents?
The Prime Minister: Social work legislation in the two countries is, of course, different. I shall look at the figures that the hon. Gentleman has put before me. But as is known, we have made strenuous efforts to try to ensure that children in difficulty are given the proper upbringing, whether that is by returning to their parents or, where it is essential, by being fostered or adopted. I will continue to look at the matter, but the hon. Gentleman has to understand that social work practice in the two countries is different.
This does go to the nub of the issue. What is so different between parents in England and parents in Scotland that means that it is "essential" for under 5s to get adopted in England, but they can go home to their parents in Scotland?
Early Day Motions
EDMs are motions in parliament. Normally they don't get debated. However, they are a sort of petition signed only by Members of Parliament. You can ask your MP to sign an EDM. You need to say which number EDM it is. MPs who are members of the government cannot sign EDMs, but you can ask them to write a letter to the minister in support of the EDM.
http://edmi.parliament.uk/EDMi/EDMByMember.aspx?MID=4735&SESSION=891
EDM 124
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34214&SESSION=891
That this House notes that local authorities and their staff are incentivised to ensure that children are adopted; is concerned about increasing numbers of babies being taken into care, not for the safety of the infant, but because they are easy to get adopted; and calls urgently for effective scrutiny of care proceedings to stop this from happening.
EDM125
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34215&SESSION=891
That this House believes that mothers should be encouraged to breastfeed as this is in the interests of the long-term health of babies; recognises that for newborn babies this means breastfeeding on demand; further believes that newborn babies in care should also be breastfed on demand where this does not result in any risk to the baby; and calls for the Government to introduce guidelines to ensure that facilities are provided to ensure that newborn babies can be breastfed on demand.
EDM 126
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34216&SESSION=891
That this House notes the comments of a senior social worker that meetings have been held during which solicitors acting for parents have discussed how to undermine the cases of their clients; further notes that there are many odd cases in which solicitors fail to oppose care proceedings or accept that the section 31 threshold has been met notwithstanding the opposition of their clients; recognises that reporting and obtaining the investigation of such behaviour outwith parliamentary proceedings remains a contempt of court for hon. Members; and asks the Solicitors Regulatory Authority to review the implementation of the new solicitors' code of conduct and how this relates to conflicts of interest in the Family Court.
EDM127
To sack your solicitor and your barrister just download form N434 !
N434 - Notice of change of solicitor (Court Service)
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Download Form N434, Notice of change of solicitor, Court Service Forms, Administrative Court.
Local solicitors and barristers often already enjoy a close and friendly "working relationship" with the local authority.These legal aid lawyers are widely known in the trade as "PROFESSIONAL LOSERS !" and justifiably so as they make a point of losing every single case they undertake when opposing social services! You cannot win if you have "enemies in your own camp" so if your lawyers start conceding every point to the opposition and stop you from saying anything in your own defence ,then be brave! Get rid of them !
In many courts if you represent yourself you can get technical help with documents etc from the PSU (PERSONAL SUPPORT UNIT).In London they are to be found in room M104,Royal Courts of Justice,the Strand tel 02079477701/7703 or 4th floor Room 408,first avenue house,high holburn, Principal Registry of the Family Division Tel 02079477737.
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http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34217&SESSION=891
That this House regrets the Government's proposals to retain secrecy within the family courts; believes that this secrecy permeates bad practice throughout the whole system of children services; feels that it is possible to protect the identity of the child while allowing parents to talk and seek advice publicly about their treatment in the family courts, and that professional witnesses should be uniquely identified to monitor consistency; further believes that every case should have an anonymised judgement handed to the parents that they can discuss publicly; and calls on the Government to recognise that there are very serious problems in the system that have been postponed rather than resolved by the limited proposals contained within the consultation document.
EDM128
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34218&SESSION=891
That this House notes that in an email dated 24th October 2000, John Radford, Doncaster's then Director of Public Health, described the issue of research on babies by Dr David Southall at Doncaster Hospital in the late 1980s as `potentially a hot potato as to my recall the intervention resulted in increased deaths and didn't have proper consent'; expresses concern that the details of this research and its outcomes have been covered up by the health authorities; expresses particular concern that the research protocol specifically required that no action be taken to prevent cot death in the children selected until sufficient data had been collected; notes that the inquiry into CNEP ignored CNEP in Doncaster; and calls for a public inquiry into this and other research managed by Dr Southall to identify why the checks and balances in the system failed.
EDM129
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34219&SESSION=891
That this House notes that it is common practice for a firm of solicitors to perform outsourced work for a local authority and also to represent parents when parties in cases against the same local authority; notes and is surprised that this conflict of interest is acceptable under the professional conduct rules; understands that some parents would be surprised to find that this is the case; and calls for the Law Society to require that parents be asked to confirm in writing that they recognise that the firm they are instructing is conflicted in this way as part of the client engagement process.
EDM130
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=34220&SESSION=891
That this House notes that from time to time the advice given by an expert appointed by one party to a court case is used to permit the exclusion of capacity of a further party to that case and then the Official Solicitor is brought in to act on behalf of the latter party; believes that it is an unacceptable conflict of interest; and calls, notwithstanding the duty of experts to the court, for the Government to introduce legislation to prevent this from occurring.
Don't just take my word for the rest of my allegations.Please read the following articles from the Daily Mail,and the Sunday Telegraph as they very accurately depict the mounting and highly justified public disquiet over the secret family courts and the "adoption industry".
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=465563&in_page_id=1770
Courts won't reveal rulings in adoption cases
By Ben Leapman, Home Affairs Correspondent, Sunday Telegraph
Last Updated: 1:44am BST 08/08/2007
Pauline Goodwin’s baby was taken from her but she was denied a copy of the judgment. The court service has now apologised
Family courts are refusing to tell mothers why their babies are being taken away and put up for forced adoption.
Two mothers have told The Sunday Telegraph that their pain at losing their children was made worse by not knowing the grounds on which judges took the decisions.
Both women had their requests for copies of the judgments turned down repeatedly. As a result, they were prevented from launching legal battles to win their babies back, because appeals cannot be lodged without -written judgments.
Critics claimed that the cases are an extreme example of the secrecy that runs throughout the family court system. Earlier this summer, the Government abandoned plans to open up hearings to the media.
John Hemming, the Liberal Democrat MP and chairman of Justice for Families, said: "It seems quite strange that somebody can have their child removed and adopted, and the system will not give reasons.
"This arises from the secrecy of proceedings and the fact that people are allowed to misbehave professionally in the family courts without any fear of sanctions against them."
The cases are the latest in a series highlighted by this newspaper which have raised concerns about the workings of the family courts and social services.
It included a professional couple who had their daughter taken away because the mother has a history of mental illness and the father was "confrontational" towards social workers, while another couple were told they cannot have their two daughters back despite being cleared of allegations of abuse.
Last year, 2,120 babies were taken for adoption before their first birthday, almost three times as many as a decade ago. Adoptions leapt after councils were offered cash incentives to increase the number.
One of the latest cases involved Pauline Goodwin, 39, from Merseyside, who suffered a breakdown after her marriage ended. As she struggled to cope, her baby girl, born in 2005, was taken away by social services at birth.
At a court hearing in June last year, held at a time when she was temporarily homeless, Judge Wallwork ruled at Liverpool Family Court that the baby should remain in foster care.
The mother says she was told that despite the outcome of the case, the judgment would not be critical of her. However, in the 14 months since the hearing, her repeated requests to obtain a copy of the judgment have proved fruitless. She has been told by social workers that her daughter has now been adopted.
She said: "They had my baby adopted, then they said they make no findings against me, but they won't give me the court order. I need the judgment because I want to lodge an appeal. It's supposed to be within 28 days but it has been more than 12 months.
"If they give me the transcripts I can prove the whole thing was wrong, and my baby wouldn't be where she is now, she would be with me."
Sharon Harkness, 37, also from Merseyside, won the first round of her courtroom battle when social workers tried to take her baby son away. In August 2005, at the High Court in London, Mr Justice Holman turned down a bid by a local authority to take the boy, then only three months old, into foster care.
However, at Liverpool Family Court in November, Judge Roddy reversed the earlier decision and granted the council a care order. The baby was removed from his family and is now living with prospective adoptive parents.
In the intervening 21 months, repeated requests by Mrs Harkness for a written judgment have been refused or ignored. She said: "It's within my rights to at least see the kind of care order they've put my son on. It's like they've taken my baby and forgotten to give me the receipt."
At one point she tried to go to the European Court of Human Rights in Strasbourg, only to be told that the court could not consider her case because she had no written judgment on which to base it.
At the end of last week, after The Sunday Telegraph took up the cases with the Judicial Communications Office in London, officials issued an apology within hours and finally pledged that both women would receive the vital documents within days.
In Miss Goodwin's case, a spokesman said: "Her Majesty's Court Service would like to apologise that in this case, the transcripts were not provided as requested. There appears to have been a breakdown in communications. The transcription company will prepare the transcripts next week and once they are approved by the judge, the court will send them out."
Regarding Mrs Harkness, the spokesman said: "There was an ambiguity in the original order which had not been corrected and caused a delay in the process. The transcript has now been produced and is with the judge, prior to being sent to the family next week."
Pauline (story and photo above) has learned a lot during her 3 year struggle with the "SS" .She now helps and advises other parents in distress and also organises demonstrations.
Contact:- 07956371132
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My baby will be taken from me the moment it's born
By HELEN WEATHERS
Daily Mail 6th September 2007
The link below connects to a video of a very informative itv programme:-
http://www.stopinjusticenow.com/Media/Bill-Bache_John-Hemming_Fran-Lyon_ITV-This-Morning02-11-07.wmv
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The daughter of teachers and with a glittering academic future, Fran was delighted when she became pregnant. But social services discovered the illness she thought she'd put behind her - and will confiscate her daughter when she is born...
Fran Lyon is due to give birth to her first child - a daughter she has already named Molly - on January 3. But the prospect, far from being one of joyous anticipation, fills her with a dread that keeps her awake at night.
It's not because Fran doesn't want the child. She does. Desperately. And not because she is frightened of the pain of labour. She is prepared for that.
It is what happens afterwards that fuels Fran's anxiety. And there can be no preparation for that pain.
For within 30 minutes of birth, barring any medical complications, Molly will be handed by doctors to social workers. They have instructions to take away Fran's newborn baby and place her in foster care.
The 22-year-old will then be transferred from the maternity wing to a gynaecological ward, because Northumberland Council has decided that Fran - who has never harmed anyone in her life - is potentially a risk to other mothers and their babies.
Fran has no idea if she will be able to touch her baby, even for a minute, before leaving hospital alone, or if she will ever get her daughter back. Her biggest fear is that she won't, and that Molly will be put up for adoption.
'It is incredibly upsetting not knowing if I will be allowed even to hold my baby,' says Fran, a charity worker. 'Until social services became involved in my life, I was having a normal pregnancy and was full of excitement.
'They have taken away what should be the most precious time in my life - and I will never get that back. I'm already in love with my baby. I can feel her moving, I talk to her. I've bought her baby books and clothes. You just can't undo that attachment.'
Fran is an intelligent and articulate woman. She has nine A- starred GCSEs, five grade A A-levels and is in the third year of a neuroscience degree at Edinburgh University - which she is completing at home in Hexham, Northumberland.
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However, what concerns Hexham Children's Services, which is part of Northumberland Council, is Fran's medical history.
Having had a difficult relationship with her parents, who are teachers in good state schools, from the age of 15, she started selfharming. Fran spent three years - on and off - in psychiatric hospitals.
Her problems appear to have begun when she was raped by an acquaintance at the age of 14. Diagnosed with a borderline personality disorder, she was discharged from a therapeutic facility in 2002, where she had spent 13 months, and spent nine months as an outpatient.
Today, she needs no medication and, according to her former psychiatrist, Dr Stella Newrith, 'has made a significant recovery to the point where her difficulties are indistinguishable from those of much of the general population'.
In a letter to Northumberland Council, Dr Newrith, who treated Fran for a year when she was 16 and has known her for many years, stated: 'There has never been any clinical evidence to suggest that Fran would put herself or others at risk, and there is certainly no evidence to suggest she would put a child at risk of emotional, physical or sexual harm.'
Furthermore, she said: 'I would view the removal of Fran's baby as an extraordinarily heavy-handed gesture. It is also my professional opinion that doing so would be an infringement of Fran's human rights, as it would be much the same as removing a child from someone from the general population.'
Yet on August 16, a child protection case conference recommended that Fran's baby should be taken away at birth - a decision based in part on the contents of a letter from consultant paediatrician Dr Martin Ward Platt, who has never met Fran and could not be present at the meeting.
In his letter, Dr Ward Platt states that 'even in the absence of psychological assessment, if the professionals were concerned on the evidence available that [this woman] probably does fabricate or induce illness, there would be no option but to put the baby into foster care at birth pending a post-natal forensic psychological assessment'.
However, he warned that it was necessary first to establish as far as possible whether or not Fran does suffer from this illness - something Fran claims they have failed to do.
Fran has never been diagnosed with this condition, yet she has nevertheless been deemed by Northumberland Council as someone likely to suffer from Munchausen's Syndrome by Proxy, a controversial and unproven condition in which a parent - usually the mother - makes up or induces an illness in her child to draw attention to herself.
And so, unless a judicial review next week rules in Fran's favour, her baby Molly will almost certainly be taken away at birth.
'I can understand why they might have concerns about my past, but the speed with which they have come to this conclusion, despite the evidence of my own psychiatrist, is terrifying,' she says.
'I was at the case conference and it lasted just ten minutes.
'This letter from Dr Ward Platt was given to me just five minutes before the meeting started, and when it was produced, the chairman said there was no point - in the light of what this letter stated - even considering the other evidence which I wanted to present, which was letters of support from psychiatrists.
'I think they simply panicked, and when people panic they make, in my opinion, bad judgments. I left that meeting numb with shock. I'd had absolutely no time to digest the letter or argue my case, and I was so horrified at what they'd said that I just couldn't even begin to respond to it.
'I have never harmed anyone in my life. I have no criminal convictions. I believe I can be a good mother to Molly - but they are not even prepared to give me a chance to prove that.
'I have offered to stay in a mother and baby unit after Molly's birth for as long as they want, and to be monitored. I would be prepared to stay there for 18 years if it meant I could be with my baby. But that, it seems, is not even an option.'
Fran's case is far from unusual. Two thousands babies under one year old were taken from their parents last year by social services - three times the number ten years ago. Critics believe councils are doing this to help meet government adoption 'targets'.
Liberal Democrat MP John Hemming, chairman of the Justice for Families campaign group, certainly thinks so.
'How can it be in the child's best interests to take a baby away from its mother at birth? The reason why they do it is because it's much harder to take away a baby the longer it spends with its mother, and a healthy newborn baby is so much easier to find adoptive parents for.
'It is estimated that 97 per cent of babies taken away from their mothers at birth, on the basis that the mothers are "capable of emotional abuse", are never returned to them - and that is simply scandalous.
'Of course, there are cases where it is right to do so, but the whole public family law system is corrupt because of the secrecy which surrounds it. Decisions are based on opinion and conjecture, rather than fact and evidence.
'What does Fran's case tell us? That no woman who has been raped or had mental health problems can be allowed to have a baby, even years later?
'What could be more traumatic than for a mother to have her baby taken away at birth? It's monstrous. That, in itself, can cause mental health problems, which is then used by social services against the mother as a reason not to return the baby. It becomes a self-fulfilling prophesy.
'There has been a massive increase in younger babies being taken into care, before there is even any evidence of harm - and you have to ask why that is.'
Despite her own troubled past, Fran Lyon is convinced she can be a good parent, and is desperate to prove that. From the start, she has been open and honest with social workers about her medical history, but she feels this has been used against her.
Although she describes her childhood as 'difficult', she refuses to elaborate, other than to say that she is close to her mother and younger brother, but has no contact with her father.
The catalyst for her severe mental health problems was, she says, the rape she suffered when she was 14.
She told police that she was attacked while working as a Saturday volunteer in a charity shop in Northampton, when the shop's founder - a middle-aged man - drove her to an empty warehouse supposedly to pick up supplies for the shop.
When Fran reported the rape, he was interviewed by police. Three more women claiming they, too, had been attacked came forward and agreed to testify against him. However, in 2001 the man killed himself before the Crown Prosecution Service could decide whether to proceed.
'After the rape, I became clinically depressed,' says Fran. 'I lost a huge amount of weight and was admitted to a psychiatric hospital after trying to kill myself with an overdose of tablets. It wasn't a cry for help; I wanted to die because of what he had done to me.'
She spent the next three years, on and off, in residential psychiatric hospitals in Oxford, Nottingham and London after being diagnosed with a borderline personality disorder, in her case characterised by self-harming, instability and suicidal tendencies.
For the final 13 months, Fran went to a therapeutic residential clinic, where she attended individual psychotherapy sessions and group analysis before being discharged as an outpatient.
By the time she was 18, she appeared to have put her problems behind her.
She started to flourish, taking five A-levels at Orpington College in Kent and applying to study neuroscience at Edinburgh University.
At the same time, she worked for two mental health charities, Borderline and Personality Plus. It was through that job, two years ago, that she met the man who is the father of Molly.
'Of course, I was worried when I fell pregnant. I wondered how we would cope as a couple, because we weren't living together,' says Fran.
'But once that wore off, I was excited. I would go shopping with my mum to baby departments, buying books and looking at prams.'
But a few weeks ago, all normality ended. Social services suddenly became involved when Fran phoned the police after what she describes as a 'disturbing incident' with her partner. Fran's relationship with him ended immediately.
'The case was referred to social services and I was interviewed by two social workers, who said from the beginning that they would have to look at the whole family, not just one person in isolation,' says Fran.
'At that first meeting, they asked about my concerns regarding the baby's father, but then it became clear through their questions that their investigation was centred on me. I have never made a secret of my mental health problems. I felt I had nothing to hide.'
Fran was co- operative, she says, because she naively thought children's services would offer her help and support. She was stunned when she received a letter informing her that a child protection case conference would be held on August 16.
'That's when I became frightened and thought for the first time: "Are they going to take my baby away from me?"
'I couldn't believe how everything had happened so quickly. When you are up against a big system such as social services, it is very easy to feel overrun and overwhelmed.'
Realising the seriousness of the situation, Fran instructed a solicitor and contacted her former psychiatrist, Dr Stella Newrith, who offered her full support.
A second psychiatrist, who Fran knew through her charity work, offered a character reference stating: 'I have no doubt that her diligence and capacity, particularly in dealing with complex emotional situations, will stand her in good stead for the rigours of parenthood.'
Yet these testimonials, Fran says, were never even read out at the conference after Dr Ward Platt's letter was produced.
Northumberland Council insists that two highly experienced doctors - another consultant paediatrician and a medical consultant - attended the case conference.
Neither they, nor anyone else present - including Fran solicitor - made any objection. Feeling stunned and intimidated by what she had heard, she felt unable to speak out.
Everything she wanted to say will now be heard - with the help of a new solicitor who specialises in such cases - at appeal.
According to MP John Hemming, Fran should win her case; but there is no guarantee that she will. Both he and Fran are particularly concerned that last week social workers contacted the psychiatrist who provided a character reference for Fran. They believe this was done with the intention of 'pressurising' the witness into withdrawing his support, and undermining Fran's appeal.
It was seemingly suggested by a social worker to the doctor in question that Fran had given incorrect details about her health to hospital staff: in short, doubt was cast on the reality of an ectopic pregnancy Fran suffered on Christmas Eve two years ago.
'Is it ethical for social workers to go behind my back and speak to my witnesses, discussing my private confidential medical history and suggesting to them that I might have made things up?' says Fran.
'I did have an ectopic pregnancy, and I have the scars to prove that I had abdominal surgery.' Mr Hemming goes further, describing such behaviour as akin to witness nobbling. He also claims it is not uncommon for social workers to pressurise witnesses - a punishable practice in the criminal courts.
'There is a culture in which the end is seen to justify the means, and sometimes the means employed would not be tolerated in any other court of law,' he says. 'Yet if anyone tries to speak out, they are guilty of contempt of court. The whole family court system, because of the secrecy which surrounds it, is vulnerable to bad practice. Social workers are under pressure not to lose cases.' Northumberland Council, while legally prevented from speaking about individual cases, insists there is nothing sinister in their actions.
A spokeswoman said it was the court whichwould make the ultimate decision, after hearing legal representation from both sides. 'Safeguarding children is our top priority,' said a spokeswoman. 'We speak to all sides without bias or pressure. 'We would welcome a review of the family court arrangements, and support transparency, as long as this is in the best interests of the children.
'Safeguarding arrangements have been praised as good following a rigorous inspection by a number of Government departments. It was specifically noted that "good action was taken to enable parents to keep their children safe in the home and the communityî. Our duty to safeguard children is our only motivation, and we strive to keep children with their families wherever possible, or extended families if that is not possible.
'We do not have numerical targets for adoption; nor have we received any financial rewards in relation to adoption figures.'
As for Fran, the final four months of her pregnancy are filled with stress and uncertainty, and the nagging terror that her worst nightmare will become a reality and her baby daughter will be snatched away from her. 'Some days I feel positive,' she says quietly.
'But others I feel totally overwhelmed. All I am asking for is a chance to prove that I will be a good mother.'
Sadly, that wish may not be granted her.
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IMPORTANT ! The miserable wretch who was chairman of the so called "Case Conference" that lasted 15 minutes should be dismissed in disgrace.His name is BOB HILL and he should never be allowed near any case conference ever again !
AND THEN? Fran flees the country,see the link below!
http://www.fassit.co.uk/inquiry_team_videos.htm
I try to help parents who are desperately trying to recover or at least make contact either with their children or worse still with "newborn babies" snatched by social services from mothers that have never caused them harm.Those social workers who snatch, and those lawyers,"experts"and especially the "ESTABLISHMENT JUDGES " who combine to help them should all be sent to prison for "CRIMES AGAINST HUMANITY" for a very long time ! I will explain and justify this later on.They can be beaten,but only if you fight from start to finish as the following shows!
June 22 2007
Dear Ian,
THANK YOU SO MUCH
You would not believe it but social services actually want nothing to do with us!
Para 49 in the case outline they actually said " Should the Court deem it in Tess's best in |