Subject: A
infant
Received:
Thursday 20 September 2007 17:04PM
To whom it may concern.
As the Local Authority dealing with this matter we are obliged to advise
you of the following :
It is a criminal offence to identify a child in care proceedings pursuant
to S.97(2) of the Children Act 1989.
It states that NO person shall publish any material which is intended, or,
is likely to identify
a) Any child as being involved in any proceedings before the High Court, a
County Court or a Magistrates Court in which any power under this Act may
be exercised by the Court with respect to that or any other child; or
b) an address or school as being that of a child involved in any such
proceedings.
For the avoidance of doubt and as further guidance for you "publish"
includes -
a)being included in a programme service (within the meaning of the
Broadcasting Act 1990):
b)cause to be published.
"Material" includes any picture or representation.
Please note that this is a criminal offence which attracts a fine.
Proceedings have already been instituted and copies of images broadcast on
your website will be made available to the Judge at the first hearing of
this matter. We will request the appropriate order to be made.
In addition we refer you to S.12 of the Administration of Justice Act
1960 which relates to proceedings in private.
S.12(1) The publication of information relating to proceedings before any
Court sitting in private shall not of itself be contempt of Court except
in the following cases, where proceedings-
(i) relate to the inherent jurisdiction of the High Court with respect to
minors;
(ii)are brought under The Children Act 1989.
Breach of this Act (which has already occurred) is contempt of Court and
the Court has the power to commit those responsible to prison for up to
two years.
Again, the images and extracts from your website will be made available to
the Judge at the first hearing and the appropriate order sought.
In the meantime we strongly advise you to remove the images of the child
from your website immediately. If you are in any doubt over your continued
breaches of the above legislation then you should seek legal advice.
Dominic Timmons
Solicitor
Law and Administration Service
Borough Council of Calderdale
Fassit Reply
From Fassit News -
contact@fassit.co.uk
Sent: Thursday 20 September 2007 19:13 PM
to
To the Calderdale Legal:-
Dominic Timmons -
Dominic.Timmons@calderdale.gov.uk
CC to Bernadette Livesey, Carol White, Mark Astbury, Neil Beecham, Paul
McGrath
September 20, 2007
Re- SO.97 (2) of the Children Act 1989.
We thank you for your legal advice but are confused to why it was sent to
our organisation.
We are also aware of High Court decisions and amendments to the Children
Act 1989 that any publications sited before any court applications or
proceedings commence is outside the legal framework contained in the act.
Given the lack of descriptive information contained in your templated
letter it would not be not appropriate to comment further until we seek
legal advice from our lawyers.
A copy of this letter a been forwarded to our legal representatives.
Kindest regards
Fassit Team
www.fassit.co.uk
Please
read this in the Sunday Telegraph
August
19 2007
You tube row over social services baby threat
http://www.telegraph.co.uk/news
Quote: "An extraordinary legal battle with social workers after
she secretly recorded them threatening to take away her newborn baby" (Sunday
Telegraph)
"We love our baby with all our hearts. My husband and I are
completely devastated"
Stop! the systematic removal of children by UK Social Services
please
Sign here
Thank you so much on behalf of:-Mum,
Dad and baby
