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john hemming the families champion
There are now 5 Early Day Motions that I have tabled at the House of Commons relating to Social Services and Childrens issues.
Three of them relate to the activities of Professor David Southall. This is very relevant to Public Family Law as he was one of the key
proponents of diagnosing MSbP (now FII).
proponents of diagnosing MSbP (now FII).
The five are
EDM 2768 WORK OF PROFESSOR DAVID SOUTHALL (No. 2) 17.10.2006
That this House notes that over a large number of years Professor Southall has performed risky, interventionist, non-therapeutic,
experiments on babies and young children that have been demonstrated to have caused medical difficulties for some of the babies
and young children; further notes that project E5 involved over sedating babies, misleading parents as to the discomfort and risk faced
by their babies and giving carbon monoxide to babies with respiratory problems; further notes that this has been reported to the General
Medical Council; and calls for the General Medical Council to explain why no action has been taken.
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=31383&SESSION=875
experiments on babies and young children that have been demonstrated to have caused medical difficulties for some of the babies
and young children; further notes that project E5 involved over sedating babies, misleading parents as to the discomfort and risk faced
by their babies and giving carbon monoxide to babies with respiratory problems; further notes that this has been reported to the General
Medical Council; and calls for the General Medical Council to explain why no action has been taken.
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=31383&SESSION=875
EDM 2767WORK OF PROFESSOR DAVID SOUTHALL 17.10.2006
That this House notes that according to the report written by Professor David Hull for North Staffordshire Trust about the work of Professor
David Southall in the report written for the University Hospital of North Staffordshire by Professor McLeish and Dr Durbin, Professor McLeish
said that Professor Southall `pursued multiple clinical research studies that were poorly designed and therefore were unlikely to produce
new knowledge of worth. More worryingly he appears to have had insufficient regard for the ethical standards that should surround all
clinical studies in babies'; believes that such comments are important comments that require proper consideration; is surprised that the
University Hospital of North Staffordshire is unable to find a copy of this report; calls for the hospital to find a copy of this report and publish
its contents; and further calls for an independent judicial or Parliamentary inquiry into the research and clinical activities of Professor David
Southall, the failure of the regulatory system to prevent unethical experiments on babies managed by Professor Southall and the misuse of
child protection and judicial procedures both to prevent parents from raising complaints about his research and procure children for his
research.
David Southall in the report written for the University Hospital of North Staffordshire by Professor McLeish and Dr Durbin, Professor McLeish
said that Professor Southall `pursued multiple clinical research studies that were poorly designed and therefore were unlikely to produce
new knowledge of worth. More worryingly he appears to have had insufficient regard for the ethical standards that should surround all
clinical studies in babies'; believes that such comments are important comments that require proper consideration; is surprised that the
University Hospital of North Staffordshire is unable to find a copy of this report; calls for the hospital to find a copy of this report and publish
its contents; and further calls for an independent judicial or Parliamentary inquiry into the research and clinical activities of Professor David
Southall, the failure of the regulatory system to prevent unethical experiments on babies managed by Professor Southall and the misuse of
child protection and judicial procedures both to prevent parents from raising complaints about his research and procure children for his
research.
EDM 2688INDUCED ILLNESS IN CHILDREN 10.10.2006
That this House notes that guidance from the Department for Education and Skills, entitled Safeguarding Children in Whom Illness is Induced
or Fabricated by Carers with Parenting Responsibilities, says that `when a "possible" explanation for the signs and symptoms of illness is
that "they may have been fabricated or induced by a carer", and as a consequence the "child's health or development is or is likely to be
impaired", a referral should be made to the social services department'; further notes that the effect of the above is to require parents alleged
to have induced illness in their children to prove their innocence, rather than to require those accusing parents of inducing illness in their
children to prove the guilt of parents; and calls for a review of this guidance.
or Fabricated by Carers with Parenting Responsibilities, says that `when a "possible" explanation for the signs and symptoms of illness is
that "they may have been fabricated or induced by a carer", and as a consequence the "child's health or development is or is likely to be
impaired", a referral should be made to the social services department'; further notes that the effect of the above is to require parents alleged
to have induced illness in their children to prove their innocence, rather than to require those accusing parents of inducing illness in their
children to prove the guilt of parents; and calls for a review of this guidance.
EDM 2679 TAKING CHILDREN INTO CARE 09.10.2006
That this House notes that taking fewer children into care would facilitate the provision for better services for those who have been taken into
care; further notes that many children have been taken into care in error in the past; further notes that there is a conflict of interest between
social services acting as a supportive service and social services acting as an enforcement-based service; and calls for the Secretary of State
for the Department of Education and Skills to review the option of taking the enforcement role out of social services and into a specialist agency.
care; further notes that many children have been taken into care in error in the past; further notes that there is a conflict of interest between
social services acting as a supportive service and social services acting as an enforcement-based service; and calls for the Secretary of State
for the Department of Education and Skills to review the option of taking the enforcement role out of social services and into a specialist agency.
EDM 2678 PROFESSOR DAVID SOUTHALL'S RESEARCH CASE FILES 09.10.2006
That this House notes that Professor David Southall has maintained Special Case files including details of research he has managed on many
thousands of babies over a number of years; further notes that it is the view of the Chief Medical Officer that copies of such information should
be given to the patients who range throughout England and Wales from Birmingham, through Barnsley to Banbury and Bristol; regrets that the
University Hospital of North Staffordshire National Health Service Trust has not as yet done so; and calls for the UHNS Trust to act to rectify
this situation.
thousands of babies over a number of years; further notes that it is the view of the Chief Medical Officer that copies of such information should
be given to the patients who range throughout England and Wales from Birmingham, through Barnsley to Banbury and Bristol; regrets that the
University Hospital of North Staffordshire National Health Service Trust has not as yet done so; and calls for the UHNS Trust to act to rectify
this situation.
The URL for each of them can be used to track with MPs have signed them.
A lot has happened over the past month or so that has some substantial effect on "the system".
There are a couple of cases in the Family Court system that, although important, cannot be commented on in this email. One is in Scotland
the other in the West Midlands (Birmingham).
the other in the West Midlands (Birmingham).
The judgement of Justice Mumby relating to the Webster Family is an important judgement.
The Times have posted it in full online (in 4 pages). It is worth reading.
The Webster family have been allowed to take Brandon home whilst the court proceedings continue.
Simon Clayton's judgement also has helped to put cracks in the secrecy of the family court. It might be that there will be a further similar
action from a child victim of the system in the near future (discussions are afoot).
action from a child victim of the system in the near future (discussions are afoot).
Obviously Marianne Williams' case was important. The excellent legal team of Bill Bache and Andy Scott managed to prove her innocence.
It would be nice if the system needed to prove her guilt, but with witch hunts that never happens.
It would be nice if the system needed to prove her guilt, but with witch hunts that never happens.
Quoting from EDM 2892
MEDICAL EVIDENCE IN COURTS
31.10.2006
That this House welcomes the work of the Chief Medical Officer in relation to expert witnesses relating to medical issues,
but expresses concern that medical professionals with conflicts of interest have been allowed to promote prosecutions
such as that of Marianne Williams; notes with concern that a false diagnosis of chronic sexual abuse by a medical
professional, followed by multiple unacceptable errors by social workers, in a recent case caused a family to be separated
for some years when in fact there was no actual evidence of abuse; expresses its continuing support for opening up the
family courts so that errors made by professionals are more readily detected and hence prevented and the consequent
miscarriages of justice avoided; and calls for a review as to what extent witnesses as to facts should be involved in Crown
conferences in criminal cases
I am not allowed to identify the case referred to where chronic sexual abuse was diagnosed, but in fact when looked at properly there was no
evidence of any sexual abuse, but it appears that the RCPCH may have recognised the nature of this problem.
evidence of any sexual abuse, but it appears that the RCPCH may have recognised the nature of this problem.
The conflicts of interest in the expert witnesses for the Marianne Williams case have been recognised by the media.
One of the reasons why it is worth reading the full judgements is clear when people read the Court of Appeal judgement relating to Roy Meadow.
Much that it was initially reported that Meadow had been found "not guilty" of "serious professional misconduct". The fact was that all three
judges believed he was guilty of "professional misconduct". One thought it should be on the basis of one trial "serious professional misconduct"
judges believed he was guilty of "professional misconduct". One thought it should be on the basis of one trial "serious professional misconduct"
He should now face more allegations in front of the GMC.
This brings us to the role of the GMC. There has been a tendency for doctors to remove themselves from the register rather than face
proceedings at the GMC. I am personally concerned that the GMC seem to be more interested in sex than massively unethical research projects.
proceedings at the GMC. I am personally concerned that the GMC seem to be more interested in sex than massively unethical research projects.
Some of the allegations against David Southall (who according to Keele University has been nothing to do with them since late 2004) will be
considered at a hearing starting on 13th November along with other allegations against one or moreother paediatricians relating to unethical
use of child protection procedures.
considered at a hearing starting on 13th November along with other allegations against one or moreother paediatricians relating to unethical
use of child protection procedures.
I am currently attempting for a meeting with the RCPCH to find their view on research project E5 as identified and reported on in the report of
Professor Sir David Hull that is now in the public domain.
Professor Sir David Hull that is now in the public domain.
The University Hospital of North Staffordshire have hidden as a result of requests for them to provide copies of the secret medical files. They
have now been reported to the Information Commissioner, but are steadfastly avoiding saying whether or not they will tell patients that theyhave
secret medical files.
have now been reported to the Information Commissioner, but are steadfastly avoiding saying whether or not they will tell patients that theyhave
secret medical files.
A meeting on secrecy of family courts was held last Monday (30th Oct)
Tamm'y story is interesting
New Parliamentary Session
Because there is a new parliamentary session all the EDM's will fall and need to be retabled. This will be done some time in the new parliamentary
session. It is, therefore, worth holding back for a few weeks before chasing MPs about the EDMs. The old numbers will still be visible
on edmi.parliament.uk
session. It is, therefore, worth holding back for a few weeks before chasing MPs about the EDMs. The old numbers will still be visible
on edmi.parliament.uk
If you haven't seen the EDMs previously try looking at them at
http://edmi.parliament.uk - look for the ones that I am the primary sponsor of.
I am looking at holding a "no more witch hunts"event in the House of Commons. If anyone would wish to attend please get them to email or
write to me at
write to me at
John Hemming MP
Freepost
House of Commons
London SW1 0AA
The event itself would be free, but people would have to find their own travel costs.
Please note my previous campaignreport available online:
Southall in Front of GMC
Hearings with David Southall in front of the General Medical Council Fitness to Practise Committee commence on Monday. I have expressed
a particular concern that the issue of historic research, particularly project E5 where the facts are accepted as in the Hull Report,is not being
considered by the committee. However, it will mean that some of the issues which have been concealed for decades will come to the fore.
a particular concern that the issue of historic research, particularly project E5 where the facts are accepted as in the Hull Report,is not being
considered by the committee. However, it will mean that some of the issues which have been concealed for decades will come to the fore.
and a press release which is available on his web space
There have been two interesting articles in the times
one by John Batt
relating to MSbP and FII
one byAdrian Keane
about unreliable evidence.
A contrary argument for professional secrecy occurs here from Jonathan Gornall
I have asked him to explain why professionals should be allowed to give evidence in secret.
Metaphyseal Fractures
I have written to the College of Radiologists to ask for their formal evidenced position on Metaphyseal Fractures.
This paper
demonstrates that Metaphyseal Fractures in isolation do not prove Child Abuse.
RCPCH
I have written to the RCPCH to ask for a meeting about research protocols. No response has been received as yet (about 2 weeks).
Useful recent URLs (in previous reports)
The judgement of Justice Mumby relating to the Webster Family is an important judgement.
Court of Appeal judgement relating to Roy Meadow.
Tammy's story demonstrates the difficulty of Contested Adoptions forced through on the basis of flawed evidence, on the balance of
probabilities in secret. There is an effect both on the child, the birth parents and the adoptive parents. I am calling for a hold on contested
adoptions whilst the process is reviewed.
probabilities in secret. There is an effect both on the child, the birth parents and the adoptive parents. I am calling for a hold on contested
adoptions whilst the process is reviewed.
EDMs when retabled will appear at.
The Family Proceedings (Amendment No 4) Rules 2005
Simon Clayton's hearing into secrecy
The reference is to Daily Mail and Times Online articles about Simon Clayton obtaining the right to talk publicly about his private law Family
Court Case. I don't have the original case materials to hand. However, it gives a mechanism whereby people can obtain court orders to talk
publicly about their cases.
Court Case. I don't have the original case materials to hand. However, it gives a mechanism whereby people can obtain court orders to talk
publicly about their cases.
Consultation on opening up proceedings in family courts
This is an important consultation into a more widespread opening up of access to Family Court Cases. The consultation remains open. An
area where concern remains is mechanisms to prevent continual perjury in Family Courts.
area where concern remains is mechanisms to prevent continual perjury in Family Courts.
Children and Families Comprehensive Spending Review
The government is reviewing expenditure in each budget heading. People may wish to argue that money spent in assisting families in looking
after their children would be more cost effective than expensive residential and foster care.
after their children would be more cost effective than expensive residential and foster care.
Joint HM Treasury and Department for Education and Skills
Children and Young People's Review: terms of reference (DfES/HMT)
http://www.hm-treasury.gov.uk/media/3DE/13/cyp_statement050706.pdf
Children and Young People's Review: terms of reference (DfES/HMT)
http://www.hm-treasury.gov.uk/media/3DE/13/cyp_statement050706.pdf
A number of things have kicked off this week. The GMC hearings into Southallhave started with an attempt to gag the parents. I challenged
the GMC as to why they were keeping the parents anonymous and they claimed court orders. They, however, could only find three orders.
In any event this did not bind anyone else so I published the names on my web log. (and spoke about this in the House of Commons yesterday)
the GMC as to why they were keeping the parents anonymous and they claimed court orders. They, however, could only find three orders.
In any event this did not bind anyone else so I published the names on my web log. (and spoke about this in the House of Commons yesterday)
I also referred the GMC's lack of action on the research to the Council for Health Care Regulatory Excellence.
Justice for Families
I am pleased that Bill Bache, the legal advisor to Sally Clarke and Marianne Williams (amongst others) has agreed to be the legal advisor to
Justice for Families. There will be planning for the "No more witchhunts" meeting over the next week or so.
Justice for Families. There will be planning for the "No more witchhunts" meeting over the next week or so.
The following campaigns are now affiliated.
- Fassit
- Dare To Care
- A campaign about Forced Adoption
- Grandparents Action Group UK
- Unity Injustice
- FASO
Speech as part of Queens Speech Debate
I spoke yesterday during the Queens Speech debate covering the surface ofa number of issues. I am hoping to get this uploaded to youtube.
You can see it from the parliamentary website, but you get it in the middle of other speeches.
You can see it from the parliamentary website, but you get it in the middle of other speeches.
Medical Ethics Debate Kicks off on BMJ
There has been some debate on the issue of medical ethics and the family courts on the BMJ website. It is good news that the contrary views
are being debated in public as this is necessary to achieve change.
are being debated in public as this is necessary to achieve change.
New EDMs started
I have tabled the EDMs from the previous session. Once they have all gone down I will issue the numbers. There is a limit of 2 per sitting day.
I have added a new one about forced adoptions as well (see speech for details).
I have added a new one about forced adoptions as well (see speech for details).
Lay Legal Support
More progress has been made developing support systems for Litigants in Person. Anyone interested in this should email me
(hemmingj@parliament.uk)or Tom Paul (paultj@parliament.uk)
(hemmingj@parliament.uk)or Tom Paul (paultj@parliament.uk)
Contacts for each Social Services Area
We are establishing a list of contacts for each social services area so that advice literature can be provided for families needing advice.
If you are willing to volunteer for your area please email Tom Paul on paultj@parliament.uk We also need regional contacts to coordinate
each region. Don't worry if you don't know what region you live in, but if you are willing to help in a region please email Tom.
If you are willing to volunteer for your area please email Tom Paul on paultj@parliament.uk We also need regional contacts to coordinate
each region. Don't worry if you don't know what region you live in, but if you are willing to help in a region please email Tom.
Literature
Any suggestions for what needs to be in literature needs to be emailed to Tom Paul so he can pass it to the people doing the drafting work.
Shaken Baby Syndrome
I have identified two cases recently (one in London one in Wales) where the system is trying to remove a child because a sibling of the child
was diagnosed as being shaken. In both cases it appears that a metabolic disease such as glutaric aciduria is the probable cause of the
subdural haematomata and retinal haemorrhages. There is a strong argument requiring three symptoms including some damage to the head
before concluding on the probable cause. I have written to the RCPCH about this with a view to seeing if they have formalised advice on this.
was diagnosed as being shaken. In both cases it appears that a metabolic disease such as glutaric aciduria is the probable cause of the
subdural haematomata and retinal haemorrhages. There is a strong argument requiring three symptoms including some damage to the head
before concluding on the probable cause. I have written to the RCPCH about this with a view to seeing if they have formalised advice on this.
One of the cases has started the process of judicial review.
A biomechanical study of SBS
Is a report which indicates that for a baby's brain to be sufficiently damaged by shaking damage to the spinewould happenand without the
signs of damage to the spine (or bruising to the head) a proper diagnosis should be that SBS does not apply. This is an extension of the
above point really.
signs of damage to the spine (or bruising to the head) a proper diagnosis should be that SBS does not apply. This is an extension of the
above point really.
Wikipedia is also helpful on this giving reference to a hearing in the USA about the admissibility of claims of SBS without other damage
Clearly this is not a binding precedent on the UK, but it is an important point.
Secrecy
I have looked further at the Mumby judgement and analysed what I think it means at.
This is important as it means that people can talk publicly about the cases they were involved in - when it has finished -as long as they don't use
any of the court documents or discuss what actually happened in court. That is without applying for permission.
any of the court documents or discuss what actually happened in court. That is without applying for permission.
The amended information rules from 2005
mean that you can send a copy of the judgment to any elected representative or Peer. Elected representative means an MP, AM or MEP. That
does not have to be your own elected representative. Anyone with concerns abouta judgment can send details to me with a copy of the judgment.
Remember, however, that I cannot deal with any substantial load of casework and, therefore, are working in conjunction with affiliated campaigns
on casework. It does allow some central recordkeeping as to the nature of problems, however.
does not have to be your own elected representative. Anyone with concerns abouta judgment can send details to me with a copy of the judgment.
Remember, however, that I cannot deal with any substantial load of casework and, therefore, are working in conjunction with affiliated campaigns
on casework. It does allow some central recordkeeping as to the nature of problems, however.
Southall
Lawrence Alexander has collated much of the press information about Southall here.
For those that have followed the different justifications Southall has given for holding the secret files here is one of the stories
There are about 4,499 special case files according to Southall. The hospital continues to fail to answer the question as to whether or not they will tell
people what is in their special case files. I am working to get an electronic transcript of the hearing. We have paper copies.
people what is in their special case files. I am working to get an electronic transcript of the hearing. We have paper copies.
SIDS research
Reports how it is the failure of a brain system that reponds to hypoxia (low oxygen) or hypercarbia (high levels of CO2) that causes SIDS. There is
chinese research that demonstrates that primates can develop tolerance to hypoxia as a result of exposure to hypoxic environments. In other words
when they are exposed to low oxygen levels it damages the response system so that they are more likely to fail to respond to low oxygen.
chinese research that demonstrates that primates can develop tolerance to hypoxia as a result of exposure to hypoxic environments. In other words
when they are exposed to low oxygen levels it damages the response system so that they are more likely to fail to respond to low oxygen.
The original paper is here
Opposite view
In the above article Jonathan Gornall arguing a contrary view. He argues that a paper relating to sudden infant deaths occurring within a family is flawed.
The argument for the validity of "Meadow's law" is that SIDS has no genetic element (which would conflict from the argument about the seratonin system
above). In essence he is arguing that Meadow's law was not the load of rubbish that almost everyone else knows it was.
The argument for the validity of "Meadow's law" is that SIDS has no genetic element (which would conflict from the argument about the seratonin system
above). In essence he is arguing that Meadow's law was not the load of rubbish that almost everyone else knows it was.
St Neot's sign up
The main list of affiliated campaigns is here
A mother's story on YouTube
I haven't been able to watch this 6 minute video, but it is about forced adoptions.
Family Law Weekly relating to Family Court Secrecy
Much the same conclusions as I came to
Elizabeth Marsh has launched the following e-petition on the downing st Website
We the undersigned petition the Prime Minister to Empower and Restore the Family Unit
she says in support of it
What is Child Abuse? There is little clear definition. Succeeding generations provide different insights, confusing many
professionalsand the general public alike.
professionalsand the general public alike.
When the Social Service framework by way of the Family Courts merely has to indicate that abuse is "probable"
rather than demonstrate that it is actual, to require the forced removal of a child from its home, how can this ever benefit
any child? Any procedure must only commence with parental consent not in spite of it.
The single most effective means of restoring the fragmented family unit is to respect it and to acknowledge that, as in
Criminal Law, parents and carers are innocent until proven otherwise.
Without this basic fundamental, an ever-deepening breakdown of trust will continue, thereby eroding the foundations of
the family unit and family life.
rather than demonstrate that it is actual, to require the forced removal of a child from its home, how can this ever benefit
any child? Any procedure must only commence with parental consent not in spite of it.
The single most effective means of restoring the fragmented family unit is to respect it and to acknowledge that, as in
Criminal Law, parents and carers are innocent until proven otherwise.
Without this basic fundamental, an ever-deepening breakdown of trust will continue, thereby eroding the foundations of
the family unit and family life.
SOFAP - Petition
SOFAP have also launched a petition on the Downing St Website.
Metaphyseal Fractures
I have received a helpful letter from the College of Radiologists about Metaphyseal Fractures.
It is on my website at:
RCPCH public Child Protection Companion
This has been published at
More EDMs tabled
EDM 448 MEDICAL SPECIAL CASE FILES 07.12.2006
That this House welcomes the fact that 4,499 hitherto medical special case files will be incorporated into the medical records at the
University Hospital of North Staffordshire and Royal Brompton hospitals; expresses concern that the doctor responsible for this
unacceptable situation will be in a position to filter the information that is kept out of the proper medical records; notes with incredulity
that the University Hospital of North Staffordshire continues to refuse to indicate whether it will tell patients individually whether medical
files on them have been held; and calls for an independent body to be brought in to handle the process of rectifying the medical records.
University Hospital of North Staffordshire and Royal Brompton hospitals; expresses concern that the doctor responsible for this
unacceptable situation will be in a position to filter the information that is kept out of the proper medical records; notes with incredulity
that the University Hospital of North Staffordshire continues to refuse to indicate whether it will tell patients individually whether medical
files on them have been held; and calls for an independent body to be brought in to handle the process of rectifying the medical records.
EDM 447 USE OF MEDICAL RECORDS IN COURT 07.12.2006
That this House notes the admission of Dr David Southall during General Medical Council Fitness to Practice hearings that incomplete
medical records have been provided when requests were made for medical records as part of contemplated legal proceedings; further
notes that unless people specifically asked for the contents of medical special case files they would not have been provided with them;
appreciates that the content of these medical special case files may have had some considerable bearing upon a number of cases; and
calls for a review of all cases where such evidence was kept from the court, so as to ensure that there have been no miscarriages of justice.
medical records have been provided when requests were made for medical records as part of contemplated legal proceedings; further
notes that unless people specifically asked for the contents of medical special case files they would not have been provided with them;
appreciates that the content of these medical special case files may have had some considerable bearing upon a number of cases; and
calls for a review of all cases where such evidence was kept from the court, so as to ensure that there have been no miscarriages of justice.
______________________________________________________________________
Medical Ethics Speech
I do want to upload this somewhere. The House Authorities are getting stressed about it being uploaded to YouTube. That is a bit silly as
there is no good reason why it should not be uploaded to YouTube, but can be uploaded to my own website.
there is no good reason why it should not be uploaded to YouTube, but can be uploaded to my own website.
James Lefanu has sent me a copy of his Feb 2005 article on the wrongful diagnosis of child abuse and I have published it on the web.
Camilla Cavendish has an interesting story in The Times
It appears that The Times' lawyers have stopped her giving real names. Actually under the new interpretation of the law there is no
difficulty giving out the real names.
difficulty giving out the real names.
I have posted a more detailed story on my blog.
UHNS have threatened to sue me overa letter I wrote asking for them to tell parents about secret medical files. This has been reported
in the Birmingham Post
in the Birmingham Post
http://icbirmingham.icnetwork.co.uk/birminghampost/news/tm_headline=hospital-may-sue-mp-over-file-row%26method=full%
26objectid=18338608%26siteid=50002-name_page.html
26objectid=18338608%26siteid=50002-name_page.html
Times story about legal aid budget
http://www.timesonline.co.uk/article/0,,2-2521059,00.html
http://www.timesonline.co.uk/article/0,,2-2521059,00.html
Times editorial about care
http://www.timesonline.co.uk/article/0,,542-2520862,00.html
I have written to make the point that children are wrongly taken into care.
http://www.timesonline.co.uk/article/0,,542-2520862,00.html
I have written to make the point that children are wrongly taken into care.
EDMs as a mechansim for driving interpretation of the law.
I have written a note about how potentially material changes in the rule of law can be obtained without necessarily using statutory procedures.
This debate on the BMJ website has continued relating to SIDS and false allegations
Meeting Dates (one in March, one in September)
Both on Saturdays
First Meeting provisional timing 1pm-4pm Saturday March 3rd, Birmingham Council House.
_Leaflet.
We are suggesting that you print out a few hundred copies of the leaflet and hand them to visitors at local Maternity hospitals at visiting hours.
We recommend that yougo with someone else for company.
We recommend that yougo with someone else for company.
The attempt of the family referred to in Camilia Cavendish's Times article (See Report 6) to get a stay of execution (to prevent the adoption
of his daughter)based upon the fact that the case is going to the ECHR sadly failed. He was told that he needs to apply to the judge who
issued the original order. This does seem somewhat unjust. He is, however, investigating this.
of his daughter)based upon the fact that the case is going to the ECHR sadly failed. He was told that he needs to apply to the judge who
issued the original order. This does seem somewhat unjust. He is, however, investigating this.
Rights for Grandparents petition
Emergency Support Team
Appeals in the Court of Appeal
Starting with a case in the North West we have created a small emergency support team which we hope to grow. Using a case in the North
West as a test case we have issued judicial review proceedings which ended up in the Family Division. We have also taken the same case
to the Court of Appeal. We hope to grow the number of cases handled in this way. This will need further volunteers who should contact Tom
Paul or me. Email or write to me at the House of Commons. Ideally people with court experience, but we can train people as Mackenzie Friends.
West as a test case we have issued judicial review proceedings which ended up in the Family Division. We have also taken the same case
to the Court of Appeal. We hope to grow the number of cases handled in this way. This will need further volunteers who should contact Tom
Paul or me. Email or write to me at the House of Commons. Ideally people with court experience, but we can train people as Mackenzie Friends.
External Pressures for Change
We are investigating reporting England and Wales and possibly the UK for contravening the UN Convention on the Rights of the Child for the
way in which children are taken off their families so that local authorities can hit adoption targets and other legalised child abuse that arises
from the operation of Social Services. It may be also possible to look at this at the Council of Europe level.
way in which children are taken off their families so that local authorities can hit adoption targets and other legalised child abuse that arises
from the operation of Social Services. It may be also possible to look at this at the Council of Europe level.
I have tabled a couple more commons motions about the topics.
http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=32301&SESSION=885
EDM 626 LOCAL AUTHORITY ADOPTION TARGETS
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.
EDM 626 LOCAL AUTHORITY ADOPTION TARGETS
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.
EDM 673 BREASTFEEDING AND BABIES IN CARE
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.
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.
There is a mild row going on about EDM 626 between MPs. It goes to the nub of the debate about public family law and the motivations of social
work managers. In essence babies are being taken off birth families where there is no "risk of significant harm" because the social work managers
want to hit targets. Some of the figures appear in the following blog entry.
work managers. In essence babies are being taken off birth families where there is no "risk of significant harm" because the social work managers
want to hit targets. Some of the figures appear in the following blog entry.
This has also hit the BBC website and should appear in other outlets.
I am collating figures to try to work out exactly how many children a year are taken off their birth families and adopted that were previously left
with their birth families. This takes some work with the DFES. I wish to distinguish between additional babies taken into care and those which
would have been taken into care, but would have returned to their birth families.
with their birth families. This takes some work with the DFES. I wish to distinguish between additional babies taken into care and those which
would have been taken into care, but would have returned to their birth families.
An article by Cllr Emily Cox about breast feeding and care.
A campaign in Camarthenshire about openness in the Family Courts.
Meeting in Birmingham on Saturday 3rd March.
Please contact Tom Paul on paultj@parliament.uk if you intend coming to this. Please give the numbers of people coming with you as well.
Meeting 3rd March
1pm The Council Chamber, The Council House, Birmingham B1 1BB
please tell Tom Paul if you are coming and the numbers coming with you. (paultj@parliament.uk)
AGENDA
1. Introduction - John Hemming MP
2. Main Speakers
Bill Bache - Solicitor
Brian Morgan - Investigative Journalist
Penny Mellor - Parents Advocate - experience of campaigning
Von and Tammy Coulter (Unity Injustice) - the history of false adoption
Ian Josephs - Stopping forced adoption
Beverley Beech (Association for the Improvements of the Maternity Services) - the effect of baby snatching on mothers
Marianne Keys - story recently in Daily Mail
Jack Frost - this isa national problem
FASSIT - There will be a named speaker from FASSIT - not clear who yet
Shaun O Connell FLINT
3. Points from the floor
A number of people will make 1 minute statements - if you wish to do this please notify Tom Paul in advance (paultj@parliament.uk)
4. Questions
Questions will be asked of the experienced people present.
5.The Way forward
John Hemming MP will summarise and talk about the way forward.
A petition asking for an investigation into the damage done by the state to children and families
Adoption too expensive for councils
Mass challenge and potential appeal to the European Court of Human Rights
The state stole our children (Marianne Keys)
Meeting in Birmingham
The meeting in Birmingham went well. People's response is that they would like the meeting to be chaired a little more tightly and to allow
more time for networking. We will probably arrange some workshops on mechanisms for fighting the system.
more time for networking. We will probably arrange some workshops on mechanisms for fighting the system.
Pre birth issues.
One of the issues that needs to be handled is what happens when a new baby is born. We are investigating a mechanism to test the
arguments in advance of birth.
arguments in advance of birth.
Statistics from DfES
A considerable amount of work has gone on to try to get a better analysis of the situation.
Salt Poisoning and SBS
It was good news to see the result of the retrial of Ian and Angela Gay. It was important not only on the issue of salt poisoning, but also on the
issue of Shaken Baby Syndrome as they were alleged to have harmed Christian through shaking as well.
issue of Shaken Baby Syndrome as they were alleged to have harmed Christian through shaking as well.
DCA Consultation
Oldham Case
Southall
There have been a number of articles in the Sunday Express recently relating to Dr David Southall. Should be more on Sunday.
Demonstrations outside Family Courts
A number of small demonstrations outside Family Courts are being organised. One outside the RCJ went quite well. One is planned outside
Downing St (Forced Adoption HQ)
Downing St (Forced Adoption HQ)
Bristol Foster Care Scandal and my comment
Miscarriage of Justice Lobby of Parliament
Oldham Family Court Miscarriage
This got sorted out in the end, but long lasting misery was created in the mean time.
Camilla Cavendish on Secrecy
and on adoption targets
Various Entries following the Justice for Families Parliamentary lobbies are on my weblog
UN Submission
Statistics on Adoption
(more legible than in the Submission)
The videos can also be seen via this
Petition for inquiry into system
Comment from Charles Pragnell:
Supporters and followers of the FASSIT website will be aware that I have submitted a Petition to the Prime Minister of Britain,
the Rt Hon Tony Blair, to appoint a Royal Commission to conduct an investigation into the Child Protection system in Britain and to
recommend appropriate reforms and changes to that system.
Every year in Britain there are some children who are being abused by their parents or carers and in a very small number of cases,
by strangers. Such children have the right, under national and international laws, to be protected from such abuse by not only the
State Authorities but also by their relatives, neighbours, and by other adults in the communities in which they live.
But for over thirty years the Child Protection system in Britain has been lurching from crisis to crisis whereby children under the care
and supervision of child protection workers and professionals have been seriously harmed and many have died whilst such
professionals looked on, squabbling among themselves as to who should take responsibility for the child, or occupying themselves
with pursuing cases which would bring them personal esteem and enhance their reputations amongst other professionals, such as
occurred with Munchausen Syndrome By Proxy. The dead children could not speak during or after the occurrences which destroyed
their lives and the relevant professionals ignored their plight.
On the other hand, there have been repeated and frequent instances where groups of children and their families have been subjected
to unnecessary and unwarranted and intrusive child protection investigations from professionals who had been brainwashed into
unquestioningly and uncritically accepting unproven and scientifically fraudulent theories of child abuse, such as Munchausen Syndrome
By Proxy, Satanic Ritual Abuse, Repressed Memory Syndrome, Sudden Infant Death Syndrome, Shaken Baby Syndrome etc, etc.
Invariably such events destroyed and devastated the lives of numerous children, their parents, siblings, and often their wider families.
After many of these instances, Public Inquiries were set up to inquire into what had gone wrong and on each occasion these Inquiries
were dominated by the agencies which had caused the these disasters who invariably sought to blame the cause of the disasters on
`a shortage of resources’ and inadequate legal powers. Repeatedly these Inquiries found evidence that the primary reasons for the failures
was in the respective agencies failing to work together and although they were urged to do so in the future and systems were changed to
make them do so, such working together has failed again and again. Many of the Inquiries also recommended massive increases in
resources for the agencies involved and increases in their workforces and changes in legislation to considerably increase their powers.
Many new and improved bureaucratic procedures have been introduced which have largely been to protect the agencies involved from
criticism, rather than providing a valid system of protection for children.
“Lessons have been learnt” was an oft repeated statement by agency heads after these Inquiries but it is plain to anyone with a
modicum of intelligence and rational thought, that lessons have not been learnt when the same mistakes are repeated over and over again.
“Damned if we do, and damned if we don’t” has also been a familiar excuse yet no professional can be condemned if they carry out their
legal duties in a conscientious and fair-minded manner. The problem has always been that such basic principles were absent from the
way they conducted themselves.
At the time of the Cleveland Scandal, I was a senior manager with the now-defunct Cleveland Social Service Department and was responsible
for research and management information systems and having previously been a trained child protection social worker, I and several other
managers within the Department, voiced my concerns at what has happening many months before it became a hapless tragedy for so many
children and their families. (My account of those events is already recorded on the Internet). Our voices however were powerless.
The subsequent Inquiry uncovered some of the truth of what had occurred but by no means all of the truth as agencies disclosed only
information which was favourable to themselves – after all, they were unlikely to be self-critical. The children involved in the Cleveland Scandal
received only a meager amount in compensation for their traumas – if they had been imprisoned wrongly they would have received far more.
I left Local Authority social work management three years later, still deeply concerned at the systemic harm which had been caused to
those children and their families and within a very short time I became a advocate and representative for children in State Care and for their
families. This was a very chastening experience for me as social workers treated me with contempt, hostility, and gross disrespect, as they
did the children and families who I sought to represent.
This became an enormous learning experience for me as I quickly realised that the major events in Cleveland, the Orkneys, Rochdale,
Nottingham, Durham. Shieldfield Newcastle, the Isles of Lewis etc etc, were not isolated events but were part of a much bigger pattern
and picture. That Cleveland was dwarfed by the numbers of individual cases where injustices and unfairness were occurring every day of
every week of every year somewhere in Britain but because such occurrences were not within a single geographic area like Cleveland, then
it was unnoticed by the media and by the public. Some of these injustices were that parents and children were denied legal or any other
kind of representation in child protection proceedings and when the matter came before the Courts, they were often denied legal aid, or
effective legal representation. This was often in the face of what parents claimed was evidence which had been embellished, distorted, and
even fabricated in order to prove the case against them.
Since that time, I have been avalanched with letters, emails, and phone calls from distraught children and parents and relatives, telling of
the injustices they have suffered by the abuses and misuses of powers by child protection workers and how their lives have been
devastated and destroyed by the interventions of those child protection workers. Such correspondence continues to this day.
I am not alone in my concerns regarding the Child Protection system in Britain as many of these concerns are shared by researchers,
academics, and many fellow medical and social work professionals, some of whom are trying to change the system from within, but
fruitlessly and despairingly.
Sadly, my advice and support for children and their families is of little avail, mainly due to the intransigence and rigidity of the system,
which even when proven to be unfair and to have acted inappropriately, cling to the belief that the system is always `right’. This can be
seen for example in those who still cling to the belief that the professionals involved in the Clark/Cannings trials and the child protection
workers on Cleveland did nothing wrong.
Some parents formed themselves into Protest and Campaign Groups and made some inroads into bringing these matters to public attention
but it was not until the tragic cases of Sally Clark and Angela Cannings that a small tip of a huge iceberg of false accusations of child abuse
began to be exposed. Their cases were eventually exposed by the more transparent processes of the Criminal Courts and its appeal
systems, but the thousands of children who have been wrongly condemned to a life in State Care or adoption by strangers, cannot be
similarly exposed because of the secrecies of the Family Courts and the lack of an effective appeals system.
Some politicians have become involved and have similarly seen some of the injustices which have and are occurring but they are also
limited in what they can do. Probably every politician in the British Parliament has at some time received representations from parents
who feel they are wrongly accused of child abuse and have been frustrated in their attempts to defend themselves, but such politicians
quickly realize their impotence in such situations and cab be easily dissuaded from further involvement by the prevarications and
procrastinations of the child protection agencies. They too are constrained by not being able to make fully public these instances
of injustice and unfairness due to the need to protect the identities of the children involved. The interventions in Essex by politicians
on behalf of children families and their subsequent efforts being repulsed are not uncommon.
If a Royal Commission is acceded to, then of critical importance is that the testimonies of the children and their families who have
suffered under the present Child Protection system are given utmost priority by the appointed Commissioners. Only that will the full
truth immerge and the requisite reforms and changes are identified.
Charles Pragnell - sponsor of petition
the Rt Hon Tony Blair, to appoint a Royal Commission to conduct an investigation into the Child Protection system in Britain and to
recommend appropriate reforms and changes to that system.
Every year in Britain there are some children who are being abused by their parents or carers and in a very small number of cases,
by strangers. Such children have the right, under national and international laws, to be protected from such abuse by not only the
State Authorities but also by their relatives, neighbours, and by other adults in the communities in which they live.
But for over thirty years the Child Protection system in Britain has been lurching from crisis to crisis whereby children under the care
and supervision of child protection workers and professionals have been seriously harmed and many have died whilst such
professionals looked on, squabbling among themselves as to who should take responsibility for the child, or occupying themselves
with pursuing cases which would bring them personal esteem and enhance their reputations amongst other professionals, such as
occurred with Munchausen Syndrome By Proxy. The dead children could not speak during or after the occurrences which destroyed
their lives and the relevant professionals ignored their plight.
On the other hand, there have been repeated and frequent instances where groups of children and their families have been subjected
to unnecessary and unwarranted and intrusive child protection investigations from professionals who had been brainwashed into
unquestioningly and uncritically accepting unproven and scientifically fraudulent theories of child abuse, such as Munchausen Syndrome
By Proxy, Satanic Ritual Abuse, Repressed Memory Syndrome, Sudden Infant Death Syndrome, Shaken Baby Syndrome etc, etc.
Invariably such events destroyed and devastated the lives of numerous children, their parents, siblings, and often their wider families.
After many of these instances, Public Inquiries were set up to inquire into what had gone wrong and on each occasion these Inquiries
were dominated by the agencies which had caused the these disasters who invariably sought to blame the cause of the disasters on
`a shortage of resources’ and inadequate legal powers. Repeatedly these Inquiries found evidence that the primary reasons for the failures
was in the respective agencies failing to work together and although they were urged to do so in the future and systems were changed to
make them do so, such working together has failed again and again. Many of the Inquiries also recommended massive increases in
resources for the agencies involved and increases in their workforces and changes in legislation to considerably increase their powers.
Many new and improved bureaucratic procedures have been introduced which have largely been to protect the agencies involved from
criticism, rather than providing a valid system of protection for children.
“Lessons have been learnt” was an oft repeated statement by agency heads after these Inquiries but it is plain to anyone with a
modicum of intelligence and rational thought, that lessons have not been learnt when the same mistakes are repeated over and over again.
“Damned if we do, and damned if we don’t” has also been a familiar excuse yet no professional can be condemned if they carry out their
legal duties in a conscientious and fair-minded manner. The problem has always been that such basic principles were absent from the
way they conducted themselves.
At the time of the Cleveland Scandal, I was a senior manager with the now-defunct Cleveland Social Service Department and was responsible
for research and management information systems and having previously been a trained child protection social worker, I and several other
managers within the Department, voiced my concerns at what has happening many months before it became a hapless tragedy for so many
children and their families. (My account of those events is already recorded on the Internet). Our voices however were powerless.
The subsequent Inquiry uncovered some of the truth of what had occurred but by no means all of the truth as agencies disclosed only
information which was favourable to themselves – after all, they were unlikely to be self-critical. The children involved in the Cleveland Scandal
received only a meager amount in compensation for their traumas – if they had been imprisoned wrongly they would have received far more.
I left Local Authority social work management three years later, still deeply concerned at the systemic harm which had been caused to
those children and their families and within a very short time I became a advocate and representative for children in State Care and for their
families. This was a very chastening experience for me as social workers treated me with contempt, hostility, and gross disrespect, as they
did the children and families who I sought to represent.
This became an enormous learning experience for me as I quickly realised that the major events in Cleveland, the Orkneys, Rochdale,
Nottingham, Durham. Shieldfield Newcastle, the Isles of Lewis etc etc, were not isolated events but were part of a much bigger pattern
and picture. That Cleveland was dwarfed by the numbers of individual cases where injustices and unfairness were occurring every day of
every week of every year somewhere in Britain but because such occurrences were not within a single geographic area like Cleveland, then
it was unnoticed by the media and by the public. Some of these injustices were that parents and children were denied legal or any other
kind of representation in child protection proceedings and when the matter came before the Courts, they were often denied legal aid, or
effective legal representation. This was often in the face of what parents claimed was evidence which had been embellished, distorted, and
even fabricated in order to prove the case against them.
Since that time, I have been avalanched with letters, emails, and phone calls from distraught children and parents and relatives, telling of
the injustices they have suffered by the abuses and misuses of powers by child protection workers and how their lives have been
devastated and destroyed by the interventions of those child protection workers. Such correspondence continues to this day.
I am not alone in my concerns regarding the Child Protection system in Britain as many of these concerns are shared by researchers,
academics, and many fellow medical and social work professionals, some of whom are trying to change the system from within, but
fruitlessly and despairingly.
Sadly, my advice and support for children and their families is of little avail, mainly due to the intransigence and rigidity of the system,
which even when proven to be unfair and to have acted inappropriately, cling to the belief that the system is always `right’. This can be
seen for example in those who still cling to the belief that the professionals involved in the Clark/Cannings trials and the child protection
workers on Cleveland did nothing wrong.
Some parents formed themselves into Protest and Campaign Groups and made some inroads into bringing these matters to public attention
but it was not until the tragic cases of Sally Clark and Angela Cannings that a small tip of a huge iceberg of false accusations of child abuse
began to be exposed. Their cases were eventually exposed by the more transparent processes of the Criminal Courts and its appeal
systems, but the thousands of children who have been wrongly condemned to a life in State Care or adoption by strangers, cannot be
similarly exposed because of the secrecies of the Family Courts and the lack of an effective appeals system.
Some politicians have become involved and have similarly seen some of the injustices which have and are occurring but they are also
limited in what they can do. Probably every politician in the British Parliament has at some time received representations from parents
who feel they are wrongly accused of child abuse and have been frustrated in their attempts to defend themselves, but such politicians
quickly realize their impotence in such situations and cab be easily dissuaded from further involvement by the prevarications and
procrastinations of the child protection agencies. They too are constrained by not being able to make fully public these instances
of injustice and unfairness due to the need to protect the identities of the children involved. The interventions in Essex by politicians
on behalf of children families and their subsequent efforts being repulsed are not uncommon.
If a Royal Commission is acceded to, then of critical importance is that the testimonies of the children and their families who have
suffered under the present Child Protection system are given utmost priority by the appointed Commissioners. Only that will the full
truth immerge and the requisite reforms and changes are identified.
Charles Pragnell - sponsor of petition
The stats below are important as they demonstrate the effect of the government's adoption targets on younger children.
The Scottish Question - comparison of statistics from Scotland
Another EDM - please encourage MPs to sign theEDMs. Best to write to your own MP.
Another consultation re openness in family courts
Some statistics
There isa range of statistics here many of which have appeared recently in the media.
Stories in Sunday Telepgraph
A request for a court order to allow the reporting of malpractise and publication of anonymous judgments has gone to the High Court.
Quite a bit has happened in terms of activity in public family law over the past month or so.
Parliamentary Campaigning
Parliament is not sitting at the moment. That means that MPs cannot sign Early Day Motions. It remains, however, that it is
worth writing to MPs asking them to sign the EDMs once parliament returns.
worth writing to MPs asking them to sign the EDMs once parliament returns.
EDM 2021 SOLICITORS AND THE FAMILY COURT PROCESSES
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.
This EDM was tabled as a result of information from a practitioner about how firms he had worked with had acted to undermine theirparents 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.
own clients. It remains that there are good firms of solicitors. However, there are also those that people cannot trust to act in their
best interests. This is quite a strong EDM and MPs may not wish to sign this unless they have personally seen such behaviour.
The problem remains, however, that sending details of such misbehaviour is a contempt of court from a lay advisor. A solicitor can
report another solicitor. However, Lay advisors cannot report anyone. The details of who can talk to whom are here:
http://www.opsi.govuk/si/si2005/20051976.htm
EDM 1931 FAMILY COURTS (No. 2)
That this House notes the growing concerns over miscarriages of justice in family courts in cases where children have been removed
from families and adopted; believes that financial payments to social services authorities to meet adoption targets introduce an
unacceptable, perverse incentive in complex cases; further notes that cases are heard and decided in secret without any public
scrutiny; notes that the Government brought forward proposals last year to open up family courts; regrets that the Government has
announced that it will not now proceed with these proposals; and calls for a public inquiry to examine the system in its entirety
and to make recommendations for reform so as to secure the best interests of children and justice for innocent parents.
from families and adopted; believes that financial payments to social services authorities to meet adoption targets introduce an
unacceptable, perverse incentive in complex cases; further notes that cases are heard and decided in secret without any public
scrutiny; notes that the Government brought forward proposals last year to open up family courts; regrets that the Government has
announced that it will not now proceed with these proposals; and calls for a public inquiry to examine the system in its entirety
and to make recommendations for reform so as to secure the best interests of children and justice for innocent parents.
This EDM was tabled by Norman Lamb with my support. It asks for a public inquiry. Generally MPs should be willing to sign this
unless they think everything is OK.
unless they think everything is OK.
EDM 1766 FAMILY COURTS
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.
This was an EDM that I tabled jointly with Eric Pickles MP.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.
Legislation
There will be a bill on children in care. The question is whether or not that will allow amendments relating to how children are
placed in care. There is a group of MPs concerned about the current system who would put forward proposals for change.
Extra parliamentary campaigning
A series of demonstrations are being organised.
http://www.stopinjusticenow.com/The_Northern_Demo_Mini_Tour.htm
Selected Media Stories
Where's the Judgment
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/05/nadopt105.xml
This story highlights two cases where the judge failed to give a judgment in writing. That prevented the parents from appealing
the case.
Community Care Debate
http://www.communitycare.co.uk/Articles/2007/08/02/105350/hemming-responds-to-your-views.html
This is a slightly edited version of my response to criticisms from people working in Public Family Law. It may be that the
Community Care Magazine (which is effectively the trade magazine for social work) will arrange some meetings to discuss
the problems in childrens social services.
It is quite clear that there is a bullying culture in the management of many local authorities childrens social services departments.
This is part of the cause of the bad practise and also results in people leaving for other jobs.
Deaths in Care
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/07/29/nsalma129.xml
http://www.thisislondon.co.uk/news/article-23406246-details/Toddler+'drowned+in+pool+as+her+foster+parents+partied'/article.do
There have been two sad deaths in care recently where the local authority is being asked to do a proper inquiry independent of the
social care sector.
Changes to case management
As a result of larger numbers of people contacting my office and organisations like Fassit we are trying to improve the way in which
volunteers offer support. A set of procedures have been written and we will be trying to make sure that volunteers feel supported themselves.
http://john.hemming.name/national/familylaw/jff/procedures.html
Local Branches
Local branches are also being arranged via Fasitt
Research Information
This is an interesting document which demonstrates that the Local Government Association warned that the effect of adoption targets
could be to stop children staying with their birth families.
could be to stop children staying with their birth families.
see p44 about targets
There is also this article
in which Felicity Collier then of BAAF
"remained concerned that the targets could skew adoption work from pursuing appropriate rehabilitative measures
to return children to their birth families."
to return children to their birth families."
Three articles in the Sunday Telegraph
One about how secrecy protects professionals
An opinion piece (you can guess by whom)
The editorial comment
More in the telegraph
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/19/nsocial219.xml
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/19/nsocial119.xml
Face The Facts: Forced Adoptions BBC Radio 4 Friday 24th August 12.30pm repeated
Sunday 26th at 9pm. The programme will be available on listen again after 3pm this Friday here: http://www.bbc.co.uk/radio4/facethefacts/ .
Comments can be emailed via the website.
Halifax Courier
http://www.halifaxcourier.co.uk/local-news?articleid=3126563
Campaign Report
Quite a few things have been happening recently. Fran Lyon's case has been highlighted as an example of the money made out of allegations of Munchausen's syndrome by Proxy. Rachel Pullen's case where the local authority's expert stopped her from being able to instruct a solicitor and the Official Solicitor stepped in has also highlighted a further problem in the system.It is worth me writing a bit more about Rachel's case (which appears in the press cuttings below). Between 1st January 2006 and 22nd October 2007 there were 340 cases like Rachel's where the Official Solicitor acted. The Official solicitor is someone (Alistair Pitblado is in charge of the organisation) who acts when people don't have the "mental capacity" to make decisions and in theory don't have anyone else to make decisions for them. What this means is that Rachel was not allowed to say "no" or contest the local authority.
It takes a few moments for this to sink in as to how evil this is. What it means is that the local authority's expert can say someone is incapable of instructing a solicitor so the adoption case goes through "on the nod". Yes it is that bad. There is an EDM about this.
We are also working to stop the secret jailings. We have managed to get the government to admit that secret jailings are illegal and if anyone is imprisoned then the judge must say for how long and what for - even if the trial is in secret. A parliamentary question has been asked about 71 year old Charles Roy Taylor who is currently in HMP Nottingham. This should elicit what is by law required.
I am also working with other MPs to produce parliamentary petitions about things that are going wrong. Parliamentary Petitions are covered by Article 9 of the 1688 Bill of Rights and hence issues that would otherwise be covered by the 1960 Access to Justice Act are not.
The article below from Community Care (about things being worse since Laming) is important because it demonstrates that our argument that in the rush to recycle children those at risk are being missed is true.
We will be running more parliamnentary lobby events as well. Particularly the voice of children needs to be heard.
We are holding training meetings with volunteers on 11th and 12th of November. I think there are still a few places if anyone else wishes to be a volunteer advisor. Email Emily Wilson-Gavin on emilyw_g@hotmail.com if you are interested.
Key campaigning activity is to encourage your MP to sign the Early Day motions (see later). We aim to be doing some street theatre as well as demonstrations outside the family courts.
Demonstrations planned for Southampton and Bristol - click for details
New Forum
A new forum has been created at http://justiceforfamilies.freeforums.org/
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.Using EDMs, therefore, is a good mechanism for lobbying. You can ask your MP to do something and check by looking at the online records (see links for each EDM) whether they have done it or not.
Every Queens Speech all the EDM's stop and cannot be signed and a new set of numbers starts up. I retabled all of these on the day after the Queen's Speech.
The following URL givesa list of the EDM's that I have tabled.
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
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.
Online Petition
http://www.thepetitionsite.com/takeaction/539543596
Various stories from other online sources (thanks due to Ali and Wendy for collecting them)
Baby died after ignoring warnings
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=487755&in_page_id=1770&ito=1490
The Websters who won the right to keep their baby son after having three older children forcibly adopted, have been granted legal aid to appeal the adoptions No better after Laming
http://www.communitycare.co.uk/Articles/2007/11/05/106345/victoria-climbi-foundation-head-calls-for-child-protection-probe.html
A story about a failed adoption
http://www.dailymail.co.uk/pages/live/femail/article.html?in_article_id=492346&in_page_id=1879 http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=486071&in_page_id=1770&in_page_id=1770&expand=true#StartComments
Tuan Nguyen is a suspected victim of child trafficking and now missing from a Salford care home. thought to be 11-14. They are unsure of his age or origin and it sounds as though they have not bothered to get him an interpreter.
http://www.communitycare.co.uk/Articles/2007/10/05/105957/suspected-trafficking-victim-missing-from-care-home.html
Rachel Pullen’s story in Nottingham
http://www.thisisnottingham.co.uk/displayNode.jsp?nodeId=134436&command=displayContent&sourceNode=134094&contentPK=18778033&folderPk=78480&pNodeId=133993
Talking to babies is child abuse according to staff at Calderdale Royal Hospital.
http://www.faascotland.co.uk/new%20baby%20abuse%20scares.htm
Social worker struck off for breaching user's confidence sharing information provided by an abuse victim with the alleged perpetrator.
http://www.communitycare.co.uk/Articles/2007/10/05/106028/social-worker-struck-off-for-breaching-users-confidence.html
Officials from the top of Government to lowly council officers will be given unprecedented powers to access details of every phone call in Britain under laws coming into force tomorrow.
http://www.dailymail.co.uk/pages/live/articles/news/newshtml?in_article_id=484752&in_page_id=1770&ct=5
Judge Nicholas Critchton on the family courts.
http://www.thecnj.co.uk/camden/092707/forum092707.html
Parents of obese children to get official warning letters.
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/10/22/nfat122.xml
Up to 50,000 assaults on care staff every year, LGA claims.
http://www.communitycare.co.uk/Articles/2007/10/22/106197/up-to-50000-assaults-on-social-care-staff-every-year-lga-claims.html
Christian Judge unable to separate his personal beliefs to perform fairly in court.
http://business.timesonline.co.uk/tol/business/law/article2714401.ece
Jack Frost’s article in the Irish Press
http://john.hemming.name/national/familylaw/reports/jackfrost.html
The Garvey children returned after their grandparents campaigned for two years. The grandparents, in their forties, had been looking after the children because their daughter had been suffering P.N.D. The article states that only one percent of families who campaign against this council win. other papers who helped this story, Plymouth and Devon port column.
http://www.eutruth.org.uk/cfp5all.pdf
National adoption week-pictures of kids
http://www.thesun.co.uk/sol/homepage/news/article426226.ece
Christian couple win right to carry on fostering
http://www.timesonline.co.uk/tol/comment/faith/article2787896.ece
chrisitan magistrate in gay adoption row
http://business.timesonline.co.uk/tol/business/law/article2714401.ece
southall
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=490025&in_page_id=1770
magistrate
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=489125&in_page_id=1770
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, Nov 16 2007, 4:14 PM EST
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