Archive for family courts
This item has been extracted from the Press Gazette website (here) to which full acknowledgement is given.
A senior judge named all the adults involved in a case in which a father was falsely accused of sexually abusing his daughter so that the public could know that the man was not a paedophile.
Sir Nicholas Wall, President of the Family Division of the High Court, took the unusual step yesterday in a case in which the mother of a little girl at the centre of a custody battle “manufactured” claims that the child’s father had sexually abused ...
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There is a very useful judgement handed down by the Appeal Court on the Bailli website.
Although the judgement does make for pleasant reading it is useful because it deals, which amongst other things, ‘truth and lies’, and best investigative practice in child protection matters.
There is also a very helpful summary of the respective merits of ….
Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Using Special Measures (the Guidance), which was published in a revised form in 2007. This is a long and important document and is self-evidently required reading for all ...
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There are two interesting articles in The Times law section this week
We aren’t allowed to see our grandchildren
A retired judge went to court over contact with his family. The hearing descended into a shouting match. He explains why the system is flawed
Without prejudice: what does it actually mean?
The words save time and money in keeping both parties out of court – but simply typing them on a document is not good enough
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Parents fighting in the family courts for contact with their children are being denied access to their personal files by a corrupt system, a leading parental rights campaigner has said.
Alison Stevens, head of Parents Against Injustice, has called for Jack Straw, the Justice Secretary, to force social services and individual courts to comply with the Data Protection Act.
She said: “Local authorities have to send the requested files within 40 days . . . but they are often not following public law guidelines. It’s corruption within the system. They are playing God, and there must be some reason why — perhaps ...
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Parents and carers have a right to see all the evidence against them
Sir, The comments by Sir Mark Potter (“Media must be allowed into family courts”, Oct 20) are long overdue but he is incorrect to say that it was “untrue” that parties were unaware of the case against them (for instance, when children were being removed into care) or that they were denied seeing the evidence before the courts.
In my oral evidence to the Commons select committee inquiry into looked-after children in June, I made MPs aware of cases where issues have been raised against a person in the ...
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This article appears in memory of the late George Williamson who wrote this article in 2003 and was F.A.C.T’s first lobbying co-ordinator.
Tony Blair apologised recently to those who had been wrongly convicted of IRA bombings. It made it easier for him that their imprisonment had not happened under his Government administration. These retrospective apologies by politicians have more than a hint of insincerity and a bit of political posturing about them. Significantly, the actual perpetrators of the injustices in the political, police and criminal justice system are never forced to make the apology. Many F.A.C.T. supporters will feel that government-initiated ...
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Details of private family court proceedings that led to a mother fleeing the country with her son after he was placed in foster care have been disclosed after legal action by The Times.
The highly unusual ruling allows the publication of undisclosed details of the case. The boy’s stepfather was sent to prison for 16 months for helping the mother to remove him from care and flee abroad.
She has since had another baby, the couple’ first child. The stepfather has been released from prison but is forbidden to contact his wife. (contd)
Acknowledgement: Rosemary Bennett, TImes, Social Affairs Correspondent
Other articles which may be ...
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There are two excellent articles in todays Times
When puzzles are more interesting than working out the truth
by David Pannick QC
This is an worrying but in many ways humouress account of misconduct by jurors
A moving response to our family justice campaign by Camilla Cavendish. The article begins …
“I am awed by the response to the family justice campaign that The Times launched last week. So many readers have e-mailed their MPs that I am getting calls from all three main parties. Several MPs have also raised their private concerns about how their own local authorities behave. It is uplifting to see democracy ...
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The Times newspaper has put its weight behind the campaign to open up the family courts. A leading article has been published today calling for greater reporting in the family courts to help prevent miscarriages of justice. In the leader the newspaper sets out its ambitions;
“It is not the intention of this newspaper to demonise social workers, nor expert witnesses, nor judges. It is our intention to expose mistakes, and to create a system which can acknowledge that error is human…….
….The Times believes that these are matters of pressing public interest. Many of our readers have already urged us to do more. ...
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The Times have published a list of organisations which provide help and advice to individuals who are concerned about Family Justice
These include:
Fassit (The Families and Social Services Information Team)
A non-govenmental organisation “containing information and advice for families with children experiencing frustration in working with Social Services in Child protection Proceedings”.
Families Need Fathers
“Families Need Fathers seeks to obtain, for the children, the best possible blend of both parents in the lives of children.”
The Grandparents Association
“We know that a special relationship can exist between grandchildren and grandparents and we are here to provide support to enable this relationship to flourish.”
MATCH: Mothers apart ...
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A senior family judge has attacked the present system of family courts run by a “self-selecting great and good and a professional judiciary” as out of tune with society.
Mr Justice Ryder, the most senior family judge on the northern circuit and a leading reformer, has called for an overhaul to make family courts open and in touch with the public.
The judge, who sits on a committee advising the Lord Chancellor in cases involving children in care, said: “We are at a crossroads in family justice.” (more)
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The following was reported in the Sunday Sun on the Jun 22 2008 by Phil Doherty.When the Government last year ruled out allowing the Press into the Family Courts it thought it had ended all debate on the matter.But, thanks to the intervention of the region’s most senior judge – Mr Justice Ryder – the issue just wont go away.He said they should be opened up to restore confidence in them. Campaigners for such a move say family law is almost a “closed shop” with the same judges, social workers and experts appearing time and again in the same courts.They claim too much ...
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The following article by Camilla Cavendish appeared in The Times on the 23rd February 2008 .This story is, sadly, not unique. It is symptomatic of the extraordinary power that social services departments now wield over our lives. Before Louise Mason’s trial in 2004, social workers apparently told her that they would be putting her children up for adoption irrespective of the outcome. That is precisely what they did, two weeks after her acquittal. They clung to their own “guilty” verdict despite the verdict of the jury.In far too many cases social workers are putting themselves above the law. Doctors increasingly report ...
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The following article by Camille Cavendish appeared in the Times (here) on 13th December. 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 ...
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The following article by Sian Griffiths appeared in the Sunday Times on 9th December Haunted by the nightmare of the secret family courtsAfter being suspected of child abuse, the Ward family are out to change the family justice systemWhat do you think? Leave your comments in the box at the bottom of this pageWhen hospital staff pulled the curtains around her son’s bed and asked: “Poor little baby. What have you been doing?”, Victoria Ward knew something was suddenly very wrong.A week earlier the Ward family, who live in Cambridge, had been at the height of their happiness. According to ...
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The following article by Ross Clark appeared in the Times on the 8th December 2007This year I was suspected of child abuse over an incident involving my daughter. I learnt some lessons I wasn’t surprised to hear the words “miscarriage of justice” and “Professor David Southall” mentioned in the same breath this week. What shocked me was how many in his profession wanted to paint him as the victim. Many parents will have been relieved to see Southall struck off by the General Medical Council for what it described as his “deep-seated attitudinal problems” and his “lack of insight” into ...
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According to an Australian Newspaper report quoting research on Family Courts a study has shown that allegations [of child abuse] considered to be deliberately false were not common – about 1 to 2 per cent (more)
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Our attention has been drawn to the following articles which appeared in the Times recently.
Obituary: Dr Jim MacKeith – Forensic Scientist.
Dr MacKeith had a lifelong interest in miscarriages of justice and false in particular.
Paedophile Helpline May Reduce Risk of Offence
This article written by Rosemary Bennett reports on the efforts of the Lucy Faithful Foundation to treat offenders convicted of sexual abuse against children.
The Forgotten Victim in the McCann Case
This article written by Matthew Parris will strike a chord with people falsely accused of child abuse especially in high profile cases. In the article he talks about the disgraceful hounding of ...
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Parliamentary CampaigningParliament 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. EDM 2021 SOLICITORS AND THE FAMILY COURT PROCESSESThat 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 ...
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The Sunday Telegraph reports that John Hemming, the Liberal Democrat MP for Birmingham Yardley, has applied to the High Court for permission to pass on details of 90 alleged miscarriages of justice in family proceedings to the General Medical Council, Solicitors’ Regulatory Authority and the Bar Council.
This development follows claims in the same newspaper that judges, lawyers and politicians are renewing their efforts to open up the family courts to scrutiny. Last month the Ministry of Justice published a consultation paper in which it proposed the continuation of the reporting restrictions in cases involving children.
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There have been some interesting legal developments this week Government launches Care Matters White Paper Section 58 of Children Act 2004 to be reviewed Media to be denied automatic right to attend family courts Criminal Justice Bill (Scotland) 2007Criminal Justice and immigration Bill (England and Wales)
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The Ministry of Justice have produced a paper on Confidence and Confidentiality: Openness in Family Courts – a new approach
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There is another excellent article by Camilla Cavendish on Family Courts in todays Times. It begins …..I was gratified this week to find that an article I wrote in December has been quoted in full by the Court of Appeal. (I only hope there were no typos.) It is flattering that Mr Justice Munby takes The Times seriously. It is of more import that he decided to publish his judgment on the case that I wrote about six months ago. For it is only when judges make their reasoning public that we can start to debate the grounds on which ...
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Camilla Cavendish has written another excellent article (29th March 2007) in the Times about secrecy in Family Courts and the impact expert witnesses can have when on occasions they get it wrong. Full article
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A call by F.A.C.T. women members for the impact of false allegations of child abuse on women and their families to be given more attention has resulted in F.A.C.T. planning a national Awareness Day on Tuesday 27th March. This will involve vigils taking place in various locations in England, Scotland, Wales, Ireland as well as in Australia. We are grateful to all those people who have declared their support for this initiative.Not to be confused with the above there will also be a parliamentary lobby for parents who have been victims of miscarriages of justice and inappropriate prosecutions are planning a lobby ...
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