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Environmental Law Centre

Help/Advice with Social services and Families with Children in Local authority Care and Adoption Cases in Family Law

The Chief executive of Sheffield City Council received his recorded delivery copy
June 12th 2007.


We have copied to many other responsible persons.

We ask for responses to the letter in writing to the Environmental Law Centre contact details below. This is about the breakdown of families in the UK.

Shaun O'Connell on behalf of ELC.
The letter copied below is an open letter.

Environmental Law Centre
Hollibury House

P O Box 267

Southport

Merseyside PR8 1WD UK
tel 0870 1657 468
fax +44 (0)1704 549091
email info@elc.org.uk

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web www.elc.org.uk

Mr Jonathan Crossley-Holland
Director of Children's Services Sheffield City Council,
Town Hall,
Pinstone Street,
Sheffield S1 2HH
PRESS RELEASE


OPEN LETTER June 11th 2007

Dear Mr. Jonathan Crossley Holland,

At a time of ever increasing invasion of private lives and family life by successive Government's willingness to break with our time honoured traditions we realise now that the Family as the bedrock and the children whom they protect have become sterile.

Responsibility for child welfare was transferred in 2003 from Dept of Health to Dept of Education and skills in a move that was kept very quiet. Likewise the rebadging of the Family Court Welfare Service to CAFCASS - a step reminiscent of Windscale being renamed Sellafield. In 1999 two Family Court Welfare workers admitted they were giving reports the Judiciary wanted to hear.

We are seriously concerned for the welfare of this Nation's children whose welfare by any objective view is badly suffering not to forget the cost to the nation. In particular we refer to the UNICEF report 2007 and BMA 2004. Examples of the poor welfare of our children are given below;

Children in the UK have the worst mental health ever, highest teenage pregnancies, increasing self harming, drug and alcohol abuse, delinquency, and increasing violent tendencies. BMA 2004 and Unicef 2007 reports have slammed the condition of our children.

The UK has the highest teenage birth rate in Europe, and 90% of births to teenage girls take place outside marriage. In 2006 1316 girls under 18 had a second abortion and 90 their third.

Report by the Audit Commission in 2004: 1 in 4 teenagers had broken the law in the past 12 months. 70% of this crime was carried out by fatherless children and young adults under the age of 18.

Children living in stepfamilies are three times more likely to run away from home than children living with both their natural parents; children of lone parents are twice as likely to do so. 25% of all youngsters living in stepfamilies run away before they are 16, and many are younger than 11.

Children of lone parents whether single or widowed, are about twice as likely to have a mental health problem than those living with married or co-habiting couples, that is 16% as opposed to 8%. Children in re-constituted families fared better without other step-children: 15% as compared with 9%. Children from two children households had lower rates of mental health problems than those in four or five children households: 13% compared with 18%.

A Home Office study of young people about to leave care found that levels of drug use were much higher than in the general population. Three quarters had used drugs at some time, over half within the previous month and one third smoked marijuana daily. The sharpest difference was in use of hard drugs: 13% of care leavers had used crack cocaine compared with 2% of the general population of 16-18 year olds; 9% had taken heroin compared with 0.6%.

The cost of teenage crime to the taxpayer is estimated to be over £10 billion per annum. Sales of psychiatric drugs worldwide are more than 76 Billion dollars per year. Over 500 million people worldwide have been prescribed drugs for conditions that are not a disease. Despite this over 70 warnings against psychiatric drugs causing birth defects, hallucinations, psychosis, hostility, aggression, withdrawal effects, liver damage, heart attacks/ strokes, homicidal tendencies, suicide and death have been issued. Prozac is prescribed to children as young as eight in the UK.

Over 20,000 children every year use 300 contact centres affiliated to the National Association of Child Contact Centres (NACC). This equates to 100,000 contact sessions. Around 30-40% referrals are from the courts. 70% of young offenders come from lone-parent families and levels of all anti-social behaviour and delinquency are higher in children from separated families than in those from intact families. One third of prisoners and more than half of all young offenders have been through the care system (and have therefore experienced some form of family breakdown).

Clea Barry, an adoption social worker for Hackney Council stated; "when you ask service users what sets apart the best social workers they have ever had, they tend to talk about people who offer practical help, do what they say they will and are honest. Not rocket science, but still much rarer than you would think." Children's Guardian for CAFCASS Alison Evans under oath on 29th March 2006 in the High Court that her procedure was not scientific.

Alison Taylor former social worker was sacked for blowing the whistle on child abuse in North Wales children's' homes such is the concern at not dealing with these issues but covering them up. MPs seem reluctant at the extreme to raise these issues or to take any pro-active action. The welfare of our children are decided by unelected, unaccountable insurance companies as this case shows.

Adoptions are to be speeded up to take place within 20 weeks. Your children can be given to single parents and homosexual couples without your agreement. The average case costs some 200 thousand pounds. Theoretical future risk is enough to remove your children. Parenting assessments carried out do not need to meet child and parent. This is even more worrying given the latest plan to give happiness tests to all children over four years of age.

Mr Crossley-Holland the Executive Director for children and young people for Sheffield City Council recently stated that Sheffield does not have any adoption targets and yet his own report of May 2006 stated in para 3.3 "Sheffield has historically been a very strong performer in relation to adoption, with targets consistently achieved. The target for 2006/7 has been increased to 11%. We are in discussion with the NHS on securing medical advisor (Specialist Paediatrician) resource to facilitate a third Adoption Panel, which would enable adoptions to be progressed with greater speed."

Even more worrying is the Gestapo like appointment of a health visitor within six weeks of conception to visit weekly and monitor for anti-social behaviour and when parents of babies and toddlers will be expected to record their children's progress in new 'learning diaries.' Most close their eyes when they see that their own draconian policies and failure to protect the nuclear family is causing the problems the UK currently has.

Reports where the State is embarrassed are swept under the table, in particular recent reports on rape of ten year old girl by convicted murderer freed to abuse, and abused children in care of the State whilst awaiting and going through criminal convictions. This is no different to recent case where the mother only discovered at final hearing that the foster carer had abused her children. The Local Authority had tried to hush the matter up.

Partial material is being used to determine policies and procedures. Many of the welfare organisations are empire building. Barnardos for example is 88% state funded and was given the contract to provide training on domestic violence to CAFCASS. NYAS has no complaint procedure for parents.

Play therapy and other dubious and unfounded therapies are being used to essentially experiment on children. Misdiagnoses of ADHD with symptoms similar to those caused by food additives result in parents being accused of abuse and their children removed and adopted. The drugging of the nations children is alarming. Global use of ADHD drugs has nearly tripled since 1993. In England and Wales alone, prescriptions for Ritalin, rocketed from just 4,000 in 1994 to 359,000 in 2004.

Whilst the State funded bodies may believe they are protected Even Tim Loughton noted on 2 Mar 2006 : Column 438 of Hansard that; ''It pains me to have to single out one organisation that has behaved reprehensibly on this issue…during the proceedings on the Bill in the Lords, the NSPCC put out a briefing note that attacked our amendments as a threat to the safety of children, yet produced no evidence to support its claim….In its latest briefing note, for our scrutiny of the Bill, the NSPCC has made the following claim:

"NSPCC believes that any proposals to introduce into the Bill a legislative presumption of contact will be interpreted and put into practice by the courts in a way which is detrimental to the welfare of the child and could ultimately threaten the safety of the child."

In effect, it is saying that if a non-resident parent—predominantly a father—benefits from a presumption of contact, he is more likely to do harm to his own child… In support of its claim, the NSPCC cites the fact that 29 children were killed over the past 10 years during contact visits to non-resident parents. That is an appalling figure. However, it ignores its own research, which shows that over the same period some 800 children have died at the hands of resident parents or carers, and the 2000 publication "Child Maltreatment in the UK", which showed that violent treatment was more likely to be meted out by female carers than male ones.

Marriage is a contract between two parties and gives great benefits to the medium and long-term well-being of children. Marriage has been destroyed along with the family unit. The only honest opinion that can be given of the cases that we have investigated to date is that the issue is not of bias against mothers or fathers but the destruction of the resilience of the children and the seeking of the worst outcomes possible for the children. There can be nothing more debilitating in the absence of capital punishment than the restriction or abandonment of parental role with your own children. Fathers who were not married have to apply for parental responsibility if they were not married yet whilst mothers do not both parties find it irrelevant when facing the might of the State.

Court appointed experts spent more time pleasing the Social services and the Judges than the welfare of the child. Examples:

Professor of child and adolescent psychiatry Professor Zeitlin used an untested and unresearched theory that he called 'opposition to contact'. He admitted under oath that it was untested, asked for £50,000 funding to test his theory and admitted that he had been asked by a High Court Judge to come up with the theory. He also referred to research yet did not detail what the research was regarding children being with mothers and girls always doing better with their mothers.

At a hearing the mother became aware for the first time that her children were physically and emotionally abused whilst in care but her shock was seen as her 'rebellious' nature requiring Prozac by Judge Roddy and yet not her GP. The psychologist appointed heard a tape without being made aware that the mother's reaction was due to finding out her children had been abused in care. For the record the only times that children were abused were in the care of SS.

Methodology of investigation and assessment

There appears to be little control over the use of experts in family law proceedings whose methodology not only defies logic and belief but also belittles their status as so called 'independent experts. They make a great deal of money from acting in proceedings and can only be effectively challenged with another expert which is often difficult to achieve.

Theoretical future risk is enough to remove your children for reasons such as overweight child or parents with learning difficulty or poverty. State agencies and courts require parents to undergo treatment without grounds from Court approved psychiatrist or psychologist yet fishing trips are not permitted in law.

Psychiatrists and psychologists refuse to recognise Parental Alienation Syndrome yet have come up with bizarre theories and methodology which are not borne out. It would seem that they are providing reports with a dubious basis on parenting, attachment theory, and other assessment methods where the methodology is not able to be tested in closed courts fairly.

Social workers whilst often given virtual expert witness status have made so many bizarre statements in the few cases we have been involved with that it defies belief;

Social worker made report in five days, without meeting the father, without investigating truth to any allegations made and with a 37 minute meeting with his daughter.

The local authority Counsel deemed in oral evidence that 'if the mother had not complained about the accuracy and content of a single unsubstantiated referral – the local authority would have let matters go – and we would not have these Care Proceedings and be here today!'

Swansea Social services practice is typified by their letter dated 28th July 2004 in which the senior work practitioner wrote to Swansea Bay Racial Equality Council that they have offered support to the mother. It states: 'the support we have offered is to undertake a section 7 welfare report for the courts and also to give mother support through the court process and contact issues regarding her children.'

Social worker stated under oath ''I have worked with thousands of families and I can tell you

I can sense without even knowing when a mother's emotionally unstable I don't even have to look at them I can sense it a mile off.''

In another case - Social services stated that there was no risk at all to the children from a registered paedophile. The Judge agreed with Social services. Two weeks after the hearing it came to light through the Police that he had been having oral, anal and vaginal sex with step sister for six months.

In another case the Local Authority were considering putting a girl into care due to concerns for the mother's mental health. When she refused to have a psychiatric report, the Local Authority removed the child from the at risk register!

From the cases we have examined to date it appears experts can;

bulletInvestigate parenting without meeting parent with child.
bulletDiagnose emotional instability and borderline personality disorder without methodology or diagnostic testing.
bulletMake diagnoses without following Court order or having the Court evidence to assist.
bulletCarry out psychiatric assessment by simply repeating the parent's words without regard to evidence conflicting with their account.
bulletCan use untested and un-researched theory requested at the behest of high Court judge whilst other expert is reprimanded for using untested theory.
bulletRely upon assessment centre workers notes to make assessment when their training is less than NVQ 3.
bulletIntroduce material as fact from their hand written notes or in their report by error or purposefully which affects the final outcome.
bulletRely on hearsay or allegation as fact which they must not do to remain independent and impartial.
bulletThere is no procedure or guidance on assessing attachment which is a theory and highly subjective one at that.
bulletMethodology and procedure for questioning children by experts is badly flawed and contrary to in-depth research

Psychological testing of personality in family proceedings is flawed when the responses given will be affected by the stress of the proceedings themselves and should not be used in family proceedings as the situation itself will give false outcome.

Personality testing is often used as fishing trip to justify risk of harm or future risk when research on the link between personality type and risk of harm is not clear or evidenced.

There is no protocol or rules governing the instruction of experts in private law proceedings barring limited matters in Supreme Court Rules Order 40.

Once a diagnosis by expert is made it is very difficult if not impossible to persuade a higher Court to overturn the finding on dubious methodology. Criminal proceedings rely upon one expert, the Family Courts say they rely usually on two experts but often the parent is refused their own chosen expert and without their own expert it is not possible to challenge an expert.

Experts are tempted to favour their instructing client since it is a lucrative source of income earning some ten to twenty thousand pounds per instruction and failure to give the report the State body seeks may result in no further referrals to them.

The State bodies for child welfare have been failing for many years to learn the lessons from the many child abuse enquiries and Part 8 reviews. In 1991 and 1995 research carried out by two English researchers Prosser and Lewis showed that there were major faults in child protection investigations and these were:

The social workers perceived that abuse had occurred and the accused as guilty from the beginning of the investigation;

Thereafter the investigators only sought confirmatory evidence of their assumptions and disregarded evidence which would cast doubt on the allegations;

-There was poor recording of evidence;
-Inappropriate interpretations by investigators of statements or actions;
-Idiosyncratic behaviour and interpretation of policies by investigators;
-Investigators focusing on a single piece of evidence and ignoring contrasting sets of evidence;
-Confusion over what constitutes a medical indicator of abuse and "natural" conditions;
-The high status of doctors having substantial influence over other investigators;
-Experts deviating from their areas of expertise.
-Prosser and Lewis identified three areas of particular concern i.e.

1. The imbalance of power within the investigating agencies;
2. The abandonment of professional codes of conduct and practice by some investigators; and
3. The failure of the system to adequately acknowledge or compensate the wrongly accused family for the trauma and losses suffered.

Such faults that we raise are now being applauded and encouraged by not only the Judiciary but also by the State welfare bodies, DfES, Children's Minister and children's commissioners unless action is taken to prevent them and stop the wrongdoers. Our intention is to stop abuse of our children by all in power. The UN recognises that the disenfranchising of law abiding citizen makes fertile ground for terrorism. This letter is also copied to Minister for children and others to reply to.

We will willingly supply all evidence to which we refer.

We look forward to hearing from you in due course.

Yours sincerely,
Shaun O'Connell BSc PGCE

On behalf of ELC
HELP
Health, Environment, Law for People
Registered Charity No 1070108
Company Limited by Guarantee No 3517340
Registered Office
36 London Fruit Exchange
Brushfield Street London E1 6EU

Consultants
William A Merrick LLB ACI ARB LMAA(supp.mem)
Dr H Morrow-Brown MD FRCP
Dr K S Badsha MSc CChem
MRSC MAE Pg Dip(Humam Rights)

Special Advisers

J T Bannon BEd BSc (Hons) MSc LLB (Hons)
M Mansfield QC
Prof H Köchler U N Observer
http://pr-gb.com/index.php?option=com_content&task=view&id=1548&Itemid=9


 

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The Sheer scale of the injustice is far worse than anyone can imagine

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Fassit provides a information and advice website for family members experiencing frustration in working with Social Services in Child protection Proceedings

Fassit provides a information and advice website for family members experiencing frustration in working with Social Services in Child protection Proceedings

 

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