Case should be reheard after couple has been acquitted

"A family court judge has ordered the fact-finding hearing of a case where parents had their child adopted be reheard after the couple were acquitted of criminal charges of causing injuries to their child."

"The chief of the family courts, Sir James Munby, ruled that a new fact-finding hearing was necessary for the parents of a child, referred to as X, who was born in 2012, and has been living with his adoptive parents since 2014."

"The unnamed local authority had concerns after a series of injuries on X were identified, and a judge found the case against the parents proved. The judge later refused the birth parents leave to oppose the adoption, and made an adoption order in 2015."

No case to answer

"However, at a subsequent criminal trial, “the expert evidence had expanded both in volume and, very significantly, in its ambit, but at the date of the hearing before the judge in the family court this new evidence was not to hand”."

"Prosecution against the parents was later abandoned, and they were acquitted “on the basis that there was no case to answer”."

"The birth parents then launched an appeal against the original fact-finding decision in care proceedings. The appeal was supported by the child’s guardian and the adopted parents. However, the adoptive parents said they would oppose any application to undo the adoption order..."

The rehearing will happen in October 2016.

------------------------------------

It`s always a good idea not to jump to conclusions about what may happen to a family in the future; especially before all the evidence of what happened in the past has been tested in court.

Nursery worker is facing jail

"A Cupar nursery worker is facing jail after being found guilty of two charges of assault at the town’s Busy Bee nursery."

"Caroline Bell had denied the assaults, committed between November 1 2013 and February 26 2014 at the nursery now known as Little Beehives."

"The nursery’s owners said they `fully supported` the police throughout the prosecution and that Bell had been sacked when the allegations came to light."

"Shocked co-workers told a trial at Dundee Sheriff Court that Bell had `joked` about the incidents - and `talked about it as if she was talking about what she had had for tea`."

"Sian Conway, 22, a former worker at the nursery, told a trial at Dundee Sheriff Court that she was the whistleblower who flagged up two specific incidents to bosses – leading the cases to be reported to the police."

"She said: `I was working with Caroline - she was my senior`."

"`There was an incident involving one of the children on the climbing frame. The child had bitten another child and Caroline went over to deal with the situation. She picked him up off the climbing frame and had him upside down by the ankles`."

"Miss Conway wept as she told the court: `She walked him across the room, dangling him by the ankles all the way. Then she dumped him on the floor - she dropped him from stomach level, she just let him go`."

Read more: http://www.fifetoday.co.uk/news/local-headlines/nursery-worker-faces-jail-1-4132709#ixzz49CsXCiY9

Treatment for two year old limited to palliative care

"The parents of a 'profoundly neurologically disabled` two-year-old boy say they are `devastated` by a High Court judge's decision to allow medics to provide only palliative care."

"They said Mrs Justice Parker's ruling `effectively condemns their son to death`."

"NHS hospital bosses with responsibility for the boy's care had asked Mrs Justice Parker to rule that limiting treatment to palliative care would be lawful and in the best interests of the boy."

"Specialists said the little boy suffered from an incurable, but unidentified, neurological disorder - and that his condition was deteriorating."

"Nurses said he had stopped smiling and that he grimaced but no longer giggled when tickled."

"Specialists said 'further invasive interventions` would be distressing and burdensome for the little boy and would have little or no therapeutic benefit."

"The youngster's parents disagreed with the idea of providing only palliative care and implementing an '`end-of-life plan`."

"They said all treatment options should continue to be available."

"Mrs Justice Parker had overseen the case at a public hearing in the Family Division of the High Court in London and made a ruling on Wednesday."

"She said it was not in the little boy's best interests to `artificially prolong` his life."

"The judge said the little boy could not be identified."

"She said bosses at Guy's and St Thomas' NHS Foundation Trust had asked her to make a ruling."

"Solicitor Kavi Mayor, who is based at Jung & Co Solicitors and represented the couple, said his clients were `devastated`."

"`They believe that the declarations made by the court effectively condemn their son to death,` said Mr Mayor after the hearing."

"They believe that their son's life is worth saving."

"He added: `They are particularly concerned that a prognosis has been given by the doctors when no firm diagnosis has been made`."

http://www.msn.com/en-gb/news/uknews/parents-devastated-over-judges-care-ruling/ar-BBtckEe?li=BBoPRmx&ocid=UE07DHP

New prison and courts reform bill

"The government has announced the `biggest shake-up of prisons since Victorian times`. But while the media focuses on iPads for prisoners` and `weekend inmates`, the real story is in the handling of new financial powers to prison governors, allowing them `unprecedented levels of control over all aspect of prison management`. The government is using the academies model to privatise our prisons through the back door - and the results will be just as disastrous for prisons as they have been for schools."

"In the Queen`s speech on Wednesday, the government announced its new prison and courts reform bill. At the heart of the bill is the creation of several new `autonomous reform prisons` which, says the government:"

`will give unprecedented freedoms to prison governors, including financial and legal freedoms, such as how the prison budget is spent and whether to opt-out of national contracts; and operational freedoms over education, the prison regime, family visits, and partnerships to provide prison work and rehabilitation services.`

The academisation of prisons

"If all of this sounds familiar, that`s because it is. The reforms are based on the academies model, as David Cameron admitted in a speech he made about the reforms in February of this year."

"It`s exactly what we did in education - with academies, free schools and new freedoms for heads and teachers`."

Huffington Post

"They were even introduced by the same man, Michael Gove. As Education Secretary in 2010, Gove said: `We trust teachers and headteachers to run their schools.` Now, as Justice Secretary, he says: `By trusting governors to get on with the job, we can make sure prisons are places of education, work and purposeful activity.`"

"As with academies, the introduction of reform prisons will be rolled out gradually. Six prisons will be turned into reform prisons by the end of this year. More prisons will follow later this parliament, and the government`s nine new super-prisons will also `be established with similar freedoms`."

"And, as with academies, the prison reforms will open up commercial opportunities for those in charge of them. Prison governors will have `unprecedented operational and financial autonomy`, says David Cameron. They will be given `total discretion over how to spend` their budgets. They will be able to opt-out of national contracts and choose their own suppliers`. And, just to be clear,`we`ll ensure there is a strong role for businesses and charities in the operation of these Reform Prisons`."

"We know what happened when academies were handed power over their own budgets and contracts. They used that power to pay themselves millions in taxpayers` money - both on their own salaries and on contracting out services to companies they or their families own. And now the government seems to have gone to some effort to replicate that experience in reform prisons, by establishing them `as independent legal entities with the power to enter into contracts; generate and retain income and establish their own boards with external expertise`."

http://www.thecanary.co/2016/05/18/queen-just-announced-privatisation-prisons-nobody-noticed/

High Court rules in favour of dad

"A High Court ruling supporting a dad who took his child on holiday in term time could pave the way for other parents to do the same."

"Jon Platt refused to pay a £120 fine for taking his daughter to Florida."

"He said it was the principle rather than the cost as he believed he shouldn’t be criminalised when his six-year-old had regular attendance during the rest of the year."

"The issue of the fine, which was originally £60 and then doubled because of his refusal to pay, went before the Isle of Wight Magistrates’ Court in October last year."

"Mr Platt won his case, but the local authority appealed the decision in the High Court - and top judges ruled in the dad’s favour."

"On Friday, Lord Justice Lloyd Jones and Mrs Justice Thirlwall dismissed the council’s challenge, ruling that the magistrates had `not erred in law` when reaching their decision."

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/school-term-time-holiday-ruling-11329156

Does the Scottish system of justice deserve a world reputation ?

Have a look at PE01458: Register of Interests for members of Scotland`s judiciary

Date Lodged: 08 December 2012 by Peter Cherbi

"Calling on the Scottish Parliament to urge the Scottish Government to create a Register of Pecuniary Interests of Judges Bill (as is currently being considered in New Zealand's Parliament) or amend present legislation to require all members of the Judiciary in Scotland to submit their interests & hospitality received to a publicly available Register of Interests."

http://www.parliament.scot/gettinginvolved/petitions/registerofjudicialinterests

 Lord Gill finally appears in front of the committee after retiring as Lord president.
 

 



We often hear from Named Person apologists that the legislation has already appeared in front of four Scottish judges and they found absolutely nothing wrong with it.

But with the shenanigans going on here, dodging and skirting around the modern view that there should be openness and transparency, can we have confidence in their judgement? I think not.

As for the petitioner`s last blog post:

"Among the massed ranks of gangsters, corrupt public officials, legal aid thieving lawyers, the occasional declare-dodging judge waddling along with gemstones, krugerrands, loads-a-property and offshore trusts jingling in their back pockets, there are a platoon of prosecutors who are tasked with keeping the lid on all of it."

http://petercherbi.blogspot.co.uk/2016/05/pass-crown-as-one-lord-advocate-exits.html

He is talking about the Lord Advocate of Scotland. The latest, Frank Mulholland, is about to step down. There had been allegations by journalists that there was a deliberate policy of delay being orchestrated in relation to Freedom of Information requests. 

"Rosemary Agnew is the Scottish Information Commissioner. She was appointed on 1 May 2012 for a fixed term of six years. Rosemary was previously the Chief Executive of the Scottish Legal Complaints Commission and Assistant Ombudsman at the Local Government Ombudsman in the UK, so has considerable experience of regulatory roles and complaint handling."

http://www.itspublicknowledge.info/home/AboutSIC/CommissionerBiography.aspx

Complaint handling has a terrible reputation.

 

The thing is, Scotland has a small population and an even smaller elite; so they practically know each other and bounce from one body to another, spreading what they know. It only takes a few rotten apples and the whole political structure is infested.

With regard to child protection, it has already been mentioned that the NSPCC has pointed to the worrying lack of transparency around the work of the Crown Office and Procurator Fiscal.
 

I think it would be naïve to trust ANY of them?

Foster carer found guilty of murder

"A woman who battered a toddler to death months after she was made the child's legal guardian has been found guilty of murder."

"Eighteen-month-old Keegan Downer, born Shi-Anne, collapsed at the family home in Birmingham on 5 September 2015."

"A post-mortem revealed she died from a combination of septicaemia, infection, blunt chest trauma, and old head injuries..."

 

 

"In January 2015 she went to live with Kandyce Downer who became the child's legal guardian."

"At first the child was `healthy and happy` while living with Ms Downer, who was studying a full-time business course."

"In the three months before her death, Keegan was not seen by any independent care professional, including medical staff or social services."

http://news.sky.com/story/1689450/barbaric-foster-mum-guilty-of-toddler-murder

Warrant issued for man whose son was placed for adoption

"A man whose son was placed for adoption could be jailed after social services bosses complained that he harassed staff and placed material on the internet identifying the youngster."

"One of Britain's most senior judges issued a warrant for the arrest of Matthew Newman after analysing complaints by lawyers representing social services officials at Gloucestershire County Council during hearings in the Family Division of the High Court in London."

"Sir James Munby, President of the Family Division of the High Court - and the most senior family court judge in England and Wales - concluded that Mr Newman breached orders and was in contempt of court."

"He made findings against Mr Newman in a ruling published on Monday - and also issued a warrant for Mr Newman's arrest on Monday."

Read more: http://www.dailymail.co.uk/wires/pa/article-3559196/Top-judge-issues-arrest-warrant-man-son-placed-adoption.html#ixzz4766A03Ly

Southern Health NHS Trust was not safe

"An NHS trust knew of failings at a care unit 10 months before a teenager drowned in a bath there, the BBC has learned."

"A leaked 2012 review found staff did not feel Slade House, Oxford, was safe and that it was dirty and difficult to track the care of patients at the unit."

"Connor Sparrowhawk, 18, died at the site in July 2013."

"Southern Health NHS Foundation Trust said a post-review plan had not been completed before his death."

 

 

"Dr Sara Ryan, his mother, said she would be asking police to open an investigation."

"She said the leaked documents were the `missing piece` for a corporate manslaughter charge, and described seeing the 2012 report as `devastating`."

" `Numerous things were wrong that were clearly important failings. To think that was known about… is awful, shocking, and harrowing,` she said."

http://www.bbc.co.uk/news/uk-england-oxfordshire-36141808

The Australian lawyer who grew up in state care

"Meet Peter Kelso, a lawyer who grew up in State care. Peter is the sole director of Kelso Lawyers."

 

News on Kelso`s website:

 

"Child abuse survivors were enraged this month by Justice Peter McClellan’s decision to allow Cardinal George Pell to give evidence to the Royal Commission via video link."

"Pell’s $20,000-a-day lawyer had argued vigorously that his client should be excused from travelling from Rome – where he heads the Vatican’s finance ministry — to appear before the Child Abuse Royal Commission."

"A medical report provided to the Commission, but not available publicly, claimed that Pell’s life would be at risk if he were to attempt a long-haul flight."

"The decision raised several issues, including Pell’s indefinite exclusion from Australia. If Pell were to return to Australia, he may face Federal contempt charges. The Royal Commission does have the option of holding a hearing in Rome – and sending Pell the bill – but this possibility has not been raised in the Commission."

"A WA doctor offered to assemble a voluntary medical retrieval team to accompany Pell on his flight back to Australia to face the Commission. In a letter published in Fairfax Media newspapers, Dr Richard Sallie said he would also happily pay for Pell’s first-class airfare. “It seems to me if he’s able to carry out his job as senior financial controller of the Catholic Church then he’s probably fit enough to travel,” "

http://kelsolawyers.com/au/peter-kelso/

Everyone in family court case must stay secret

"A judge has decided that the identities of everyone involved in a family court case she oversaw must stay secret - including the lawyers."

"Local authority social services bosses asked Recorder Susan Jacklin to make decisions about the futures of three children at a private family court hearing in Bournemouth, Dorset."

"She has ruled that neither the children, the local authority which launched proceedings, nor the solicitors and barristers involved can be identified."

" `The anonymity of the children and members of his family must be strictly preserved,` she has explained in a preamble to her written ruling on the case. `The names of solicitors and counsel have been excluded in order to protect the anonymity and privacy of the children.`"

"Family court judges normally analyses case involving children a private hearings - although journalists can attend. They almost-always anonymise children in rulings but local authorities are often identified and barristers and law firms involved routinely named."

"A politician who campaigns for improvements in the family justice system said the judge's decision not to name lawyers was `nonsense`."

" `How could anyone possibly identify a child by knowing the name of a barrister? Sherlock Holmes would struggle. If that was the case half the barristers in half the courts in England would have to be A.N...` said former Liberal Democrat MP John Hemming. "`It's secrecy for the sake of secrecy.`"

"Nearly three years ago Sir James Munby, the President of the Family Division of the High Court and the most senior family court judge in England and Wales, said there was a 'pressing need' for 'much more transparency' in the family justice system. He said the public had a right to know 'what is being done in their name'."

http://home.bt.com/news/uk-news/ex-mp-criticises-judge-for-family-court-secrecy-ruling-11364049677633#