If you want to challenge a placement or an adoption order, have a look at where we discuss placement and adoption orders, where there is some brief discussion of your options. It is very difficult to successfully oppose these orders. There is a useful article here by suesspicious minds.
It is probably going to be difficult to get any help with paying for legal representation to make these applications; unlike the actual care proceedings there is no automatic legal aid. You may find this post helpful; What if I don’t have a Lawyer?
What’s the difference between appealing and applying to discharge an order?
If you don’t agree with an order the court has made you basically have two options:
- you can apply to APPEAL the order – i.e. you think it was wrong; the judge got the facts or the law wrong
- you can apply to DISCHARGE the order – i.e. it might have been the right order at that particular time but things are different now.
I will look at appeals against the care order first, then how to apply to discharge a care order.
However, it is difficult to appeal against decisions in the family court. This because there is almost always no one single ‘right’ answer and one judge might disagree with the decision of another judge without being able to say that the first judge ‘got it wrong’. See for example what Ward J said In Re N (Residence: Hopeless Appeals):
… It may be an irony that the more finely balanced the decision, and the more acutely the judge has agonised over his decision, the less prospect there is of the decision being successfully appealed. The understandable reaction of the disappointed party is that the judge has got it wrong; therein lies the fallacy. That fallacy was exposed by the House of Lords in G v G (Minors) (Custody Appeal) [1985] FLR 894. The fallacy is this: in a case involving the welfare of a child there is often no right answer. There cannot be an absolute of right where the choice is between two solutions, each of which is imperfect…
If you are going to embark upon an appeal you will have to be very careful to identify what the judge got wrong, rather than simply say that you don’t agree with what the judge did.
Appealing against the care order
Particular problems for litigants in person
It is difficult to get public funding to make an appeal and some people may have to consider making an application without a lawyer. You may have to pay a fee to get the court to issue your application – there is information about this on the government website.
Also see their leaflet – Court and Tribunal Fees – Do I have to pay them?. You don’t have to pay if you are receiving the following benefits:
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Income Support
- Universal Credit with gross annual earnings of less than £6,000
- State Pension Credit – Guarantee Credit
- Scottish Civil Legal Aid (not Advice and Assistance or Advice by Way of Representation)
The courts are alive to the difficulties this may cause – see the case of R (a Child) [2014]
- The court office will have to make sure all the other parties know about the appeal because litigants in person do not always know who should be served
- The bundles that the court requires in order to determine the appeal are often not provided by the litigant, or are incomplete, and proper papers have to be assembled by the court, not infrequently at the request of the judges allocated to hear the case when they embark upon their preparation for the hearing just days before it is due to start.
- The grounds of appeal that can properly be advanced have to be identified by the judge hearing the permission application and the arguments in support of them may have to be pinpointed by the court hearing the appeal.
- The court has no extra resources to respond to these added challenges.
Litigants in person therefore need to be aware that the papers the first judge looked at are not in front of the appeal court – they need the appellant to supply the relevant paperwork! It may be that local authorities will have to expect to assist by ensuring that the court is provided with appeal bundles.
Three copies of the appeal bundles are normally required, unless the appeal is ordered to be heard by two judges in which case only two copies need be supplied. The bundles will often have to include the documentation that was available to the court below, although there can be appeals in which the issue is so discrete that a more limited selection of papers will suffice. It is so frequently the case that the papers supplied by the appellant are deficient that it should be standard practice for the local authority to take steps itself, well in advance of the hearing, to consider the appellant’s proposed bundle and, if it is deficient or apparently non-existent, to contact the court to see whether it is necessary to supply alternative or supplementary bundles.
Permission to appeal
You will probably have to ask for permission to appeal before any Judge will hear your arguments about the actual appeal
The test for whether permission to appeal should be granted is whether there is a real prospect of success or some other compelling reason as to why permission should be granted. (Rule 30(3) FPR 2010). A real prospect of success means one that is realistic rather than fanciful and not one which has a greater than 50/50 chance of success. Per Moor J in Av v VM [2012] 2 FLR 709. This test has been confirmed in R (A Child) [2019] EWCA Civ 895 (24 May 2019)
The decision of the Judge may only be interfered with if the Judge was wrong or if the decision was unjust due to a serious procedural or other irregularity in the court below. (Rule 30.12(3) FPR 2010.)
In NG v SG 2012 1 FLR 1211, Mostyn J said a court would only be able to say that a fact finder has got the wrong answer if a) the conclusion was demonstrably against the weight of the evidence; and b) the decision-making process can be identified as plainly defective such that it can be said that the findings in question are unsafe.
What you need to do as soon as you get the judgment
- make minor corrections immediately
- ask the Judge to consider any ‘material commission’
- ask for permission and think about getting a transcript of the judgment
You need to understand what the decision is; some judges will give you a written judgment, others will read it out. Get the best note you can as sometimes there are problems/delays getting a transcript. Sometimes Judges tell you their decision at the end of a case, other times the Judge may need to get you back into court after a few days/weeks, particularly if the matter was complicated or there was a lot of evidence.
Immediately after judgment has been delivered, if there is anything you are not happy about or think the Judge has got wrong, you should bring it to his/her attention immediately. The Judge can make minor amendments there and then or provide further reasons if you are not sure why he/she has made that decision.
It is important to raise ‘material omissions’ BEFORE making any application to appeal. The Judge should be given the opportunity to consider any such claimed commission before you rely on it as a ground of appeal. If you don’t alert the Judge to these issues quickly, you could find yourself criticised later on – as Arden LJ said in the case of Re T (Contact: Alienation: Permission to Appeal) [2002] EWCA Civ 1736, if you don’t bring something to the judge’s attention as soon as you can, you might find yourself punished with a costs order later on. The Supreme Court held in the case of re K-L (Children) [2015] that judges have power to reverse their decisions at any time before the order is ‘drawn up’ (i.e. sealed with a court stamp).
If the Judge isn’t willing to make changes OR the changes made don’t reassure you, ask that Judge for permission to appeal his/her judgment. The Judge is likely to refuse but you can make another application for permission at the next court up if you do decide to appeal, and you may be criticised for not raising it with the first Judge. If you don’t have a written judgment, ask for the time limits to appeal to start running from the date that you get the transcript. Ask the Judge if he/she will order the transcript as necessary so you don’t have to pay, but if the judge doesn’t agree you need to appeal, this will probably be unlikely. The relevant form to apply for a transcript is here.
You will need to act quickly. You have 21 days to appeal and if you go over that time you will have to show good reason why you should be given longer to appeal. I will look at the issue of transcripts and time limits in more detail below.
Judge’s should be asked – within reason – to clarify their judgments if it is not clear what they have decided. The Court of Appeal has given guidance on what is an acceptable way to seek clarification. This is not an opportunity to get the Judge to make different findings. See YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71, 2024
Transcripts – and what to do if you don’t have one.
See paras 5.23 – 5.25 of the Practice Direction with regard to transcripts of the Judge’s decision.
All court proceedings should be recorded, although sometimes the equipment fails and there are often difficulties/delays in getting hold of the transcript. So you may need to have some other options. If you can’t get hold of a transcript within the time limits for sending your appellant’s notice to the court, you will have to complete the appellant’s notice to the best of your ability on the basis of the information that you have got in front of you. You are allowed to make amendments later on if the court gives you permission. See FPR 30.9 – Amendment of appeal notice.
If you can’t get the transcript in time, you can use the following documents:
- Written judgments – where a decision is made by the magistrates (‘lay justices’), they must type up the reasons for their decision.
- Note of judgment – when judgment was not officially recorded or made in writing a note of the judgment can be submitted for approval to the judge whose decision is being appealed. Try and get your note agreed with the other side. If the parties cannot agree on a single note of the judgment, both versions should be provided to that judge with an explanatory letter. For the purpose of an application for permission to appeal the note need not be approved by the respondent or the lower court judge.
- Advocates’ notes of judgments. If you had a lawyer, get your lawyer’s notes; they have a professional duty to give these to you. If you were a litigant in person but the other side(s) had a lawyer, those lawyers are under a duty to make their note of the judgment available to you, free of charge if there is no official recording or if the court tells them to. When the appellant was unrepresented in the lower court it is the duty of any advocate for the respondent to make the advocate’s note of judgment promptly available, free of charge to the appellant where there is no officially recorded judgment or if the court so directs.
Transcripts of evidence
See para 5.31 -5.34 of the Practice Direction with regard to transcripts of the evidence.
It maybe that its not just the note of judgment that you need, but also a transcript of the evidence, if there is dispute/disagreement about what the evidence actually was and what decision the judge made about it.. If there was no official recording, you will need a typed version of the Judge’s or magistrates’ clerk’s notes. If you can’t afford to pay for these notes to be transcribed the court can order that they are provided at the public expense. You should ask for this order when you ask for permission to appeal if you are worried about paying for the costs of a transcript.
See also the case of Re W (Children) in 2014 where Jackson LJ commented:
From time to time when this court grants permission to appeal, it directs that the evidence of a particular witness be obtained. If the appeal concerns the adoption of children, it is by definition an urgent matter and the hearing will be listed at an early date. Indeed, as here, the court granting permission to appeal may direct an expedited hearing.
In such a case, the parties must use their best endeavours to obtain any transcript of evidence which is required as soon as possible. If, as here, the transcript cannot be obtained in time, then solicitors and counsel should co operate in producing a composite note of the relevant evidence.
Time limits are really important. 21 days to appeal
Appellant’s notice Rule 30.4
You must file with the court an Appellant’s Notice within 21 days from the date the order was made. If the order was a case management order or an interim care or supervision order the time limit is 7 days. For an Appellant’s Notice and further information about how to appeal go to the HMCTS Form Finder at http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do and enter ‘Appellant’s Notice’ in the ‘Words from Title’ field.
You can get permission to appeal late, but the Court of Appeal recently confirmed in Re H (Children) that this is ‘exceptional’, given the importance of making speedy decisions in cases involving children.
You then have to send a copy of your appellant’s notice to the other parties in your case. Rule 30.6 tells you what you have to put in your appellant’s notice – basically your ‘grounds of appeal’
- what are the reasons you say the judge got it wrong.
- Are you saying that the Judge ignored relevant evidence?
- Or relied on things that were untrue?
I have decided I want to appeal.
Where do I send the Appellant’s Notice?
If you are appealing an order made by magistrates or a district judge the Appellant’s Notice must be sent to the family court where the order was made. If you want to appeal a decision of a circuit judge or recorder in a public law case (including adoption) the Appellant’s Notice must be sent to the Court of Appeal Civil Appeals Office (Royal Courts of Justice, Room E307, Strand, London WC2A 2LL; email: [email protected]).
What court do I go to?
The actual process of appealing can be quite complicated. You probably won’t go straight to the actual ‘Court of Appeal’. The ‘appeal court’ that will consider your application will depend on which judge made the first decision in your case and the rules about this changed in 2014.
You need to look carefully at the relevant rules and practice direction as they are long and I will only attempt to summarise the most important bits here. See Part 30 of the Family Procedure Rules and Practice Direction 30A
BUT BEWARE THESE APPEAR NOT TO HAVE BEEN UPDATED – the routes to appeal are wrong for e.g.
The routes of appeal from one level of judge to another have been revised with effect from 22 April 2014 to take account of the new Family Court. The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014 amends the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 to provide that an appeal from a decision of a court officer, justices’ clerk, justice(s) of the peace, or (deputy) district judge, including a district judge (magistrates’ courts), will lie to a judge of the Family Court.
ROUTES OF APPEAL AS FROM 22 APRIL 2014
Table from Hershman and McFarlane Children Law and Practice; uptodate as of January 2018
The provisions of the amended AJA 1999 (DA)(FP)O 2011 are supplemented by the Family Court (Composition and Distribution of Business) Rules 2014. The Rules provide that appeals within the Family Court that would usually be heard by a circuit judge, may go before a High Court judge if this is the best use of local judicial resources.
|
Decision of judge sitting in the family court |
Permission generally required (subject to exception in rules of court, for example, no permission required to appeal against a committal order) |
Appeal to |
|
1 A bench of – |
No |
a judge of circuit judge level sitting in the family court; |
|
two or three lay magistrates; or a lay justice |
|
a judge of High Court judge level sitting in the family court where a Designated Family Judge or a judge of High Court Judge level considers that the appeal would raise an important point of principle or practice. |
|
|
|
(NB a judge of High Court judge level may hear the appeal in interests of effective and efficient use of local judicial resource and the resource of the High Court bench) |
|
2 A judge of district judge level (except the Senior District Judge of the Family Division or a District Judge (PRFD) in proceedings for a financial remedy) |
Yes |
As above |
|
3 District Judge (PRFD) in proceedings for financial remedy |
Yes |
Judge of High Court judge level sitting in the family court |
|
4 Senior District Judge of the Family Division in proceedings for financial remedy |
Yes |
Judge of High Court judge level sitting in the family court |
|
4A Circuit judge or Recorder, except where paragraph 5 of this table applies. |
Yes |
High Court Judge (sitting in the High Court) |
|
5 Circuit judge or Recorder, where the appeal is from:(a) a decision or order in proceedings under –(i) Part 4 or 5 of, or paragraph 19(1) of Schedule 2 to, the Children Act 1989; or(ii) the Adoption and Children Act 2002;(b) a decision or order in exercise of the court’s jurisdiction in relation to contempt of court, where that decision or order was made in, or in connection with, proceedings of a type referred to in sub-paragraph (a); or(c) a decision or order made on appeal to the family court. |
Yes |
Court of Appeal |
|
6 Costs Judge |
Yes |
Judge of High Court judge level sitting in the family court |
|
7 Judge of High Court judge level |
Yes |
Court of Appeal |
|
8. Any other judge of the family court not referred to in paragraphs 1 to 7 of this table. |
Yes |
Court of Appeal |
The Court of Appeal operates under a similar but different set of rules – the Civil Procedure Rules (CPR) as opposed to the Family Procedure Rules (FPR). The usual position is that hearings in the Court of Appeal are held in open court, unlike the vast majority of court hearings involving children. See further this post from the Transparency Project – High Court appeals to be heard in open court?
The Court of Appeal is facing a huge back log of work and there has been an increase in the number of litigants in person so in 2016 there was a change to the court rules to try and deal with this. The rules introduce a new Part 52. You used to have an automatic right to request an oral hearing for permission to appeal, if your first request in writing was rejected. This has now changed. Your application for permission to appeal will be decided on your written application unless the court decides this would not be fair, and it needs to hear further argument.
How do I get permission to appeal?
The role of the appellate court and its approach to applications for permission to appeal are determined by the provisions of the Family Procedure Rules 2010 (“FPR”) and by case law.
The test for granting permission is set out in FPR rule 30.3(7) which provides that permission will where: a) there is a real (realistic as opposed to fanciful) prospect of success or
b) there is some other compelling reason to hear the appeal.
FPR rule 30.12(3) provides that an appeal may be allowed where the decision was wrong or unjust for procedural irregularity.
The court will apply the principles set out by Lord Hoffman in Piglowska v Piglowski [1999] 1 WLR 1360.
The exigencies of daily court room life are such that reasons for judgment will always be capable of having been better expressed. This is particularly true of an unreserved judgment such as the Judge gave in this case. These reasons should be read on the assumption that, unless he has demonstrated the contrary, the Judge knew how he should perform his functions and which matters he should take into account
The Court of Appeal held in Re R (A Child) [2019] EWCA Civ 895 “The test for the grant of permission to appeal on an application to the Court of Appeal or to the High Court or Family Court under the first limb of the relevant sub-rule is that the appeal would have a real prospect of success”.
If permission to appeal was refused by the Judge who made the first decision, your first step is to get the appeal court to give you permission. It maybe that your appeal will be listed to be heard immediately after the application for permission, if that is successful.
Note the distinction between ‘first’ and ‘second’ appeals. Under Part 52.6 of the CPR – mirrored in FPR rule 30.3 (7) – if this is your first appeal, permission to appeal will only be given where:
- the court considers that the appeal would have a real prospect of success; or
- there is some other compelling reason for the appeal to be heard.
If you are now applying to the Court of Appeal for permission to make a ‘second appeal’ – that is, of a decision you have already appealed to another lower Judge, permission will only be given if the Court of Appeal decide that your appeal would:
- have a real prospect of success; and
- raise an important point of principle or practice; or
- there is some other compelling reason for the Court of Appeal to hear it.
Applying for permission to appeal to a Circuit Judge or in the High Court.
You can request an oral hearing – i.e. where you get to make your arguments in person before the Judge. However, the Judge dealing with your written application can decide that your application is totally without merit and can make an order preventing any further oral hearing. See FPR rule 30.3 (5A).
The court will consider the Court of Appeal decision in R (Wasif) v Secretary of State for the Home Department [2016] 1 WLR 2793. No Judge should certify an application as ‘totally without merit’ unless he or she is confident after careful consideration that the case truly is bound to fail. He or she will no doubt have in mind the seriousness of the issue and the consequences of his decision in the particular case.
Your only option if this happens is to apply for judicial review of the Judge’s refusal to grant you permission to appeal, but the circumstances would need to be ‘exceptional’.
If your application for permission by way of written application is refused but not dismissed as without merit, FPR 30.5(5) and (6) allow you to challenge that decision as long as you ask for another hearing in writing within 7 days of notice that permission was refused. However, this rule does NOT apply to any appeals to the Court of Appeal.
If I am applying for permission to appeal, does this put the original order ‘on hold’?
FPR rule 30.8 states that unless the appeal court or the lower court orders otherwise, an appeal does not operate as a stay of any order or decision of the lower court. In N (Children: Interim Order/Stay) [2020] EWCA Civ 1070 the Court of Appeal gave guidance on the granting of short-term stays in family proceedings. At paragraph 36 the court stated that a short-term stay to enable an application to be considered by an appeal court before an order is put into effect is to be distinguished from a stay pending a decision on permission to appeal or a stay pending appeal.
Applications for stays while waiting for a decision, will be considered in accordance with the principles set out in Hammond Suddards Solicitors v Agrichem International Holdings Ltd [2001] EWCA Civ 2065. The court has a discretion whether or not to grant a stay. Whether the court should exercise its discretion to grant a stay will depend upon all the circumstances of the case, but the essential question is about the risk of injustice to either party if a stay is – or isn’t – granted.
By contrast, a short-term stay is a purely practical remedy. The correct approach for the court to take to was described by Wilson LJ in Re A (A Child) [2007] EWCA 899 at [27],where he confirmed that the judge should always give serious consideration to allowing an Applicant “a narrow opportunity” to approach this court so that the opportunity for a successful appeal is not unfairly eroded.
If the Judge decides to grant a short term stay, this is done by directing a short period of time before the order takes effect, for example until the end of the next working day. If the Judge isn’t minded to allow a stay, the person seeking the stay could make an urgent telephone application to the appellate court.
What can the appeal court do? Rule 30.11
Once you have got permission to appeal and made your application, what can you expect from the appeal court? There are a variety of possible outcomes. The appeal court could:
- agree with the order of the first court; or
- set aside or vary any order or judgment from the court below; or
- Refer any application or issue for determination by lower court; or
- Order a new hearing; or
- Make orders for payment of interest; or
- Make a costs order.
An appeal is limited to a review of the decision of the lower court UNLESS the appeal court decides the interests of justice require a re-hearing.
Can I bring any new evidence before the appeal court?
Generally, no. The appeal court will not be keen on hearing new evidence, either spoken or in writing unless you have some very good reasons why that evidence hadn’t been available to the first court.
Fresh evidence will not be admitted without an order to that effect. Fresh evidence may be evidence of events since the decision under appeal or evidence relating to matters before the hearing that is subject to an appeal, but which was not available at the hearing in the lower court.
There is no specific requirement to be satisfied in respect of an application to admit fresh evidence. The court will consider the requirements set out in Ladd v Marshall (1954) FLR Rep 422 in a case where the evidence was in existence at the time of the hearing in the lower court.
- The evidence could not have been obtained with reasonable diligence at trial
- evidence must be such that, if given, it would probably have an important influence on the result of the case; although it need not be decisive; and
- The evidence must be such as would presumably be believed, or in other words, it must be apparently credible although it need not be uncontroversial.
The recent case of A & I (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence), Re [2024] EWCH 1824 sets out a useful summary of the relevant law in this area.
Permission to appeal is granted – Will my appeal be successful?
Rule 30.12 (3) of The Family Procedure Rules 2010 reads as follows: ‘The appeal court will allow an appeal where the decision of the lower court was:
- (a) wrong; or
- (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court’.For example:a) an error of law has been made;b) a conclusion on the facts which was not open to the judge on the evidence has been reached: Royal Bank of Scotland v Carlyle [2015] UKSC 13, 2015 SC (UKSC) 93.c) the judge has clearly failed to give due weight to some very significant matter or has clearly given undue weight to some matter: B-v-B (Residence Orders: Reasons for Decision) [1997] 2 FLR 602.
d) a process has been adopted which is procedurally irregular and unfair to an extent that it renders the decision unjust: Re S-W (Care Proceedings: Case Management Hearing) [2015] 2 FLR 136.
e) a discretion has been exercised in a way which was outside the parameters within which reasonable disagreement is possible: G v G (Minors: Custody Appeal) [1985] FLR 894.
Thorpe LJ set out the ‘essential test’ in Re B (Appeal: Lack of Reasons) [2003] EWCA Civ 881:
….does the judgment sufficiently explain what the judge has found and what he has concluded as well as the process of reasoning by which he has arrived at his findings and then his conclusions.
The Supreme Court considered the nature of appeals against care orders in Re B in 2013. This is a very important decision in relation to the role of the appellate court in cases that involve the making of care orders.
The decision of a Judge as to whether or not the threshold is crossed in a particular case is an exercise of that judge’s discretion. The next decision is what kind of order should be made, once threshold is crossed. That is both an exercise of the judge’s discretion and imposes an obligation upon him or her to make a decision that is proportionate and thus compliant with Article 8 of the ECHR.
It was a unanimous decision that the test to be applied by the appeal court is whether or not the decision below was ‘wrong’.
For an example of where a Judge got it very, very wrong – by making final care orders at a Case Management hearing – see the case of Re S-W (Children) EWCA Civ 27 in 2015.
The Judge is likely to have got it wrong if he or she:
- relied on something that was irrelevant;
- failed to consider a relevant matter
- made a mistake about the law;
- applied the wrong principle;
- failed to give adequate reasons for his/her decision.
Procedural irregularites
Even if the Judge’s decision was not considered ‘wrong’ the appeal court might be sufficiently concerned about ‘procedural irregularities’ – problems in the trial process, such as inexcusable delay – that could make a decision unjust and thus lead to a successful appeal. See MacFarlane LJ in A (A Child) 2013 at para 77:
Drawing matters together, whilst I do not conclude that the outcome ordered by the judge is, of itself, wrong and therefore to be set aside, I am sufficiently concerned about the process of these proceedings as a whole, which I have held has violated the Art 8 rights of both M and her father, and also by the deficits in the judge’s analysis which I have now identified, to conclude, in the words of CPR, r 52(11)(3), that the outcome is ‘unjust because of a serious procedural or other irregularity’. For the previous systemic failure to end in a hearing which itself was highly unsatisfactory and where the judge has failed to conduct a sufficiently thorough analysis, makes it almost inevitable that this court will consider that it has a duty to intervene with the aim of establishing an effective and full rehearing.
You should also keep in mind the following considerations:
- The appeal court should NOT interfere with the first court’s decision, just because it would have made a different decision. It should only interfere if that decision is ‘wrong’.
- The appeal court will also remind itself that the first judge had a significant advantage in that he/she got to see and hear the parties give evidence and is thus in a much better position than the appeal court to assess the strength of that evidence.
- Just because a judgement is short doesn’t make it automatically suspect. The more experienced a judge, the more likely he or she can express the reasoning process shortly.
My appeal is successful – should the court order a re-hearing?
The case of B (A child) [2014] looked at the issue of whether or not a successful appeal should lead to a re-hearing or the appeal court substituting their own decision. The question is – can the appeal court put the mistake right? Or is the mistake too big and we need to start again? The court considered this issue at paras 29 -32 of the judgment and held
- The judge’s first task on appeal is to identify the error of fact, value judgment or law which is bad enough to allow the appellate court to interfere.
- In care proceedings, it will always be a value judgment about the child’s welfare and whether or not the decision appealed against was a proportionate response; so the appeal judge needs to review whether that decision was right or wrong.
- Once the judge has identified the error, its up to the judge whether or not to make another decision or to send it back for another hearing before a different judge.
- The judge has the power to fill gaps in the reasoning of the first court and give additional reasons in the same way that is permitted to an appeal court when a Respondent’s Notice has been filed.
- In the exercise of its discretion the court must keep firmly in mind the procedural protections provided by the Rules and Practice Directions of both the appeal court and the first court so that the process which follows is ‘procedurally regular,’ that is fair.
- If the appeal judge decides that the error identified is sufficiently discrete that it can be corrected or the decision re-made without procedural irregularity then the appeal court may be able to correct the error and support the first order – i.e. decide that the right decision had been made, just for the wrong reasons. This may be the right thing to do when the first judge’s reasoning process was not clearly set out in the judgment.
- BUT If the question to be decided is a key question upon which the decision ultimately rests and that question has not been answered and in particular if evidence is missing or the credibility and reliability of witnesses already heard by the first court but not the appeal court is in issue, then it is likely that the proceedings will need to be remitted to be re-heard.
- If that re-hearing can be before the judge who has undertaken the appeal hearing, that judge needs to acknowledge that a full re-hearing is a separate process from the appeal and that the power to embark on the same is contingent upon the appeal being allowed, the orders of the first court being set aside and a direction being made for the re-hearing. In any event, the re-hearing may require further case management.
The two part consideration to be undertaken by a family appeal court is heavily fact dependent. I cannot stress enough that what might be appropriate in one appeal on one set of facts might be inappropriate in another. It would be unhelpful of this court to do other than to highlight the considerations that ought to be borne in mind.
There is a useful article about this case by suesspiciousminds here.
Discharge of the care order
My situation has changed
If some time has passed since the judgment – months, rather than weeks – and you think you can show that your situation has changed for the better, you can apply to discharge the care order.
Section 26 of the Children Act 1989 says there must be regular case reviews for all Looked After Children (the LAC Review) which will include getting the views of the parents and children. One item to be considered every six months is whether or not the LA should apply to the court for a discharge of the care order: see the Review of Children’s Cases Regulations 1991 (SI 1991 No. 895).
Every local authority must also establish a procedure for considering representations, including complaints, made to it by any child who is being looked after by it, or by his parents, about the discharge by the authority of its parental responsibilities for the child.
The application for discharge of a care order is dealt with at section 39 of the Children Act 1989:
Discharge and variation etc. of care orders and supervision orders.
(1) A care order may be discharged by the court on the application of—
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the local authority designated by the order.
(2) A supervision order may be varied or discharged by the court on the application of—
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the supervisor.
Case law on discharging care orders
If the court does not think your application has any merit, it can dismiss it quickly – see the case of A-Z v Birmingham City Council in 2013. The father had had no contact with any of his children for at least 18 months and the court concluded there was no prospect that their current placements would be disrupted.
See also the case of X (Discharge of care order [2014] EWFC. The Judge was very concerned in this case by the failures of the LA. The court emphasised that it was important to look at the question of whether or not it was proportionate for a care order to continue. Suesspiciousminds has commented on this case here.
The case of TT (Children) [2021] EWCA Civ 742 (20 May 2021) looked at the test to be applied to discharge a care order and said at para 37:
- Further, at the level of principle, the fundamental test to be applied to an application under s. 39, and to other applications under the Act, is, as I have said, the welfare principle and not a test of necessity or some other test. The attempt in this and other cases to shift the focus away from welfare is neither helpful nor necessary. A proper welfare analysis and proportionality crosscheck is a dependable bulwark against any tendency towards social engineering.
The judgment of Mostyn J in the case of GM v Carmarthenshire County Council & Anor [2018] EWFC 36 (06 June 2018) – where he commented that if this mother’s application didn’t succeed then section 39 should be scrapped and cast doubt on the validity of attachment theory – has been criticised by the Court of Appeal in TT (Children) above, so treat with caution.
Procedure to apply for a discharge of the care order
You will apply on Form C110A with copies for each respondent, which is every person you think has parental responsibility for the child under a child arrangements order before the care order was granted, the child, the parties to the original care proceedings. Other people must be given notice of the proceedings, including the LA who is providing accommodation for the child and anyone who is caring for the child at the time you make the application.
See also the FPR Practice Direction 5A and 12A.
On filing your application with the court, the Public Law Outline timetable starts running so the application must be completed in 26 weeks.
EDIT 24th January 2019 there appears to be considerable confusion about whether or not C110A IS the right form. One parent contacts me to say that no one can clarify if she is required to fill in a C1 a C100 OR C110A. After pleas for clarification via Twitter, five lawyers have opined it is C110A; but a very respected child protection lawyer responds that it is in fact C1 and C110A is used by those who wish to apply for an EPO. I think sadly all I can say is – watch this space. But it clearly isn’t acceptable that so much confusion exists about such a fundamental matter.
Edit 20th February 2019 – the parent in question applied using the C110A which the court accepted. So use this form or ask the court office to clarify which one they want you to use! For further discussion see this post.
Further reading
2023 research into discharge of care orders.https://policystudies.blogs.bristol.ac.uk/2023/05/05/the-discharge-of-care-orders-a-study-of-england-and-wales/
The study found that the number of discharge applications has increased significantly since 2010 in both England and Wales. While the number of care orders has also increased, proportionately the increase in discharge applications is much higher. We found that about three quarters of all discharge applications are successful – and the care order is discharged. The local authority was the most common applicant to discharge a care order, with parents making about a third of all applications. Notably, there were very few applications made by children themselves. Local authority applications were much more likely to be successful when compared with parental applications. Evidence from court records and interviews indicated that parents often did not have legal advice or representation, and this impacted on their applications for discharge.
Please may you , if possible broadly outline ,the circumstances in which legal aid should be available to discharge a care order? I tried the on-line calculator but it appears to expect you to let some one ring you back rather than giving a decision. Have I got the wrong one?
Thank you
I am afraid I don’t have much of a clue, save that I know this kind of application will be judged on how likely or not it is to succeed (unlike the care proceedings themselves which are non-means and non-merits tested). So that makes it much more difficult to get funding. But I will ask some of my solicitor contacts if they have any info.
Sám,It is just over a year since you wrote the above post.
Have you found out the circumstances yet?
Thanks very much appreciated.
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Hi Sarah, I am totally unsure about which form to fill out to discharge the care order? The information appears really scanty. Any suggestions? Thanks, Maya
This seems to be a list of ALL the forms for any application …. but I can’t see discharge of care order on there! Will check my Red Book
https://www.justice.gov.uk/courts/procedure-rules/family/formspage
Good old Red Book – page 198 it says that you fill in Form C110A with sufficient copies for each Respondent. the La must send a copy of the application form and annex docs to Cafcass
And that is why I couldn’t find it on the government site as C110A is simply listed as the form to APPLY for a care order. I can see why this is so confusing
Firstly the form C110A is to apply for a care order , unless it has changed again the correct form to discharge is C100 . No Angelo I don’t know any more than Sarah said about whether a parent will be eligible for legal aid.
Wasn’t there a decision recently that if there was fresh evidence,funding has to be granted?
I thought Angelo may like this http://www.ccrc.gov.uk/about-us/what-we-do/ . Though I think he may ask why there is not such a body for care cases.
Thanks ,Sam. Yes ,you are right.
My idea is that seeing as the civil family court orders sanctions in excess of any which can normally be ordered by a Crown Court ( e.g. the permanent liquidation of a family) then citizens should have appropriate appeal facilities. There have to be additional safeguards against miscarriages of justice.
Appeals to be automatic just as they are against a death sentence or life imprisonment. So such serious cases should either be passed from the family court to a higher court or the protocol changed at the family court to allow for it. No application for permission to appeal necessary.
I have also suggested before that when LA’s bring proceedings against families in the family court it has considerable advantages . It has all the power of the finances which we provide them. Thus the balance of power will be evened out to a degree were it forced also to finance the respondent’s legal representation from its budget.
I believe that is what happens at Courts Martial. The military authorities finance the prosecution and the defence.
Unfortunately the matter of automatic appeals does not seem to be on anyone’s agenda but mine.
The problem is that ,the current system relies to a large extent on the fact that it is so hard to get permission to appeal ( especially when there is such a short time limit ).
Also, even when there are some grounds for an appeal, the respondent barrister cannot appeal anyway because of the legal funding obstacle.
There cannot be automatic appeals in care cases because the system – already creaking – would collapse.
Perhaps you would like to respond to this consultation https://www.judiciary.gov.uk/wp-content/uploads/2016/05/appeals-to-the-coa-proposed-amendments-to-cpr-cprc-outline.pdf
This proposes making it even more difficult to bring an appeal, because the Court of Appeal is currently suffering a massive backlog of cases. If you were to increase the number of cases before them, the consequences are obvious.
I am afraid, that without quadrupling the funds available to pay for judges and court rooms, things are only going to get worse, not better. There simply aren’t enough Judges available to hear all the existing appeals, let alone the massive increased numbers that would flow from automatic appeals.
Nor do I think automatic appeals are needed. In my clear experience, the majority of cases in which I am involved are not remotely miscarriages of justice. Rather, my complaint is that the LA has waited far too long before taking decisive action and a child has been left to suffer significant harm for many months, if not years.
O.K. Let me replace the word ‘shock’ by the two words ‘stress’ and ‘strain’ if you think it is simple physics and a rickety, wooden system close to collapse.
Are we to continue using the bridge which is unfit for purpose or are we to act radically and construct a new one?
I like to think I am constructive and I am always loath to criticise professionals supposedly better educated than I. Yet I cannot but criticise when they seem not to understand basic human philosophy – its simple justice.
Do our barristers and Queen’s Counsel fully understand their roles in the grand scheme of things? Do they fully understand the meaning of the terms truth, honour and justice?
When barristers continually appear to compromise the administration of the Queen’s justice referring to questions of the creaking system, case backlogs, the need for increased funds, shortage of judge’s etc. they do lack understanding, in my humble view.
They are making excuses.
I wonder if they really understand what the misuse of power and oppression actually means and how the misuse manifests itself into injustice, inhumanity and cruelty to mankind. They should study the simple legend of Robin Hood.
Forced austerity upon the helpless and vulnerable, taxes, accumulation of vast fortunes by the strong at the cost of happiness to the weak is nothing new. Tyranny and abuse of power by those above us is never-ending which is why in the 13th century, the King’s justice and the rule of law had to be stamped upon society after a massive power struggle between the people and their oppressors.
Money, funding, riches, wealth, massive fortunes or whatever you choose to call them are what the justice system was set up to overcome. To enforce justice, it is the duty of the justices to set themselves above all the budgetary and financial interests put before them. Actually, the only thing that will attain justice is to make the authorities hand over the money and pay for it. That is what they really fear, having their power and wealth taken away from them and to be forced to spend it on supporting ordinary families. They have other unjust uses for it.
The second principle of justice, in my view, which also appears to pass our current, rickety justice system by, is the need for dispensing justice against everybody not only the ordinary citizen. When parents make allegations against public officials, the allegations cannot be dismissed summarily on the grounds of theories which say they are likely to have invented a false narrative. The allegations should be investigated thoroughly and all the facts and statements put before a proper court. We should also note that the real tyrants usually have servants to carry out their excesses and that those servants inevitably become cruel and abusive in their own rights. However, the real misuse of power emanates from the very top.
I apologise in advance for this screed if readers in general find it irrelevant to present day life and times, especially to those barristers who do understand justice fully. Let them discount it if they wish.
Nevertheless, this is one parents view and I hope it will be of some interest to other parents.
But you weren’t talking about constructing a new bridge – you were simply saying you wanted to drive more traffic across it by creating an automatic right of appeal.
When I say ‘there are not enough judges to hear the cases before them in good time’ – which bit is that me ‘making excuses’ ?
Lets try a simple example. A judge works 5 hours a day in court (and probably many more hours outside reading and writing judgments). A case takes on average – let’s say – 2 hours to hear in court. On Monday this Judge has five cases listed in front of him. How many do you think he will be able to finish?
I am baffled as to why you think this very obvious and simple truth is anyone ‘making excuses’. It is rather a description of a system that cannot cope with the work it is expected to process. The one solution to the dilemma above is to provide another Judge and another court room so that the work load can be shared and the cases will be heard – and justice will be done.
Justice delayed is after all, justice denied.
I would change the system radically ( build a new bridge) and the changes would include the automatic appeals in serious cases and changes to the standards of proof. Any element for reasonable doubt would mean no order should be made,if i had my way. I think there is too much reasonable doubt allowed in civil courts at present. Too lessen doubts and to remove any possibility of abuse by any party, strict observance of legal guidance should be enforced.
Sarah, my opinion is that it is H.M. Government’s duty to ensure there are plenty courts and plenty judges . You should not have to worry about supply and financial issues like that. It is not honourable that justice should depend on money available.You have already said in one of your posts about planned government policy that it can expect a battle with the judiciary if it attempts to implement it ( i can’t find the exact post just now) and i think this is one of the issues which you should battle against.
Surely justice depends on courts being available to hear cases.
What better way is there to impose injustice than by making access to court difficult especially for appeals? What better way to impose summary justice( Judge Jeffery’s style) than to cut to the bone court time and length of hearings?
The only reason i keep making these suggestions is that i want to make readers realise that more radical improvements are called for to restore Public confidence in the system.
I think it unrealistic to allow for automatic appeals in the majority of care cases too. I agree on that score.
The civil court appeal system would break down,yes,the shock would be far too much for it; the change too radical.
I am only referring to really dire cases where the circumstances are so serious that permanence plans and adoption are contemplated or have been ordered.
Tighten up on permission to appeal in minor civil cases especially those which are not Family Court hearings,by all means. I will agree with that. Don’t waste the Court’s time.Leave Judges free to hear serious case appeals.
Radical change to the Family Court system is needed,in my opinion. No more pussyfooting around.
They would not break down due to ‘shock’.
They would break down because they have only X number of judges hearing Y number of cases and already, they can’t cope.
If you increase ‘Y’ ten fold but do not increase X, the system will break in the same way that a rickety wooden bridge will collapse if you attempt to drive an HGV over it.
It isn’t due to ‘shock’ about radical change – its simple physics.
Rather than more appeals I would ask for an independent body run by experienced professionals to scrutinise alleged miscarriages of justice within care cases. Yes I know it’s money but as I have pointed out the cost not only of keeping a child in care , the subsequent mental and physical health problems in adult life are a drain on society. Also bearing in mind taking a child from a parent is the worst punishment the state can inflict since the abolition of capital punishment. Though of course a significant number of parents do choose suicide as the only way out of their misery. Then desperate parents would not turn to dubious Mckenzie friends .
I agree that something akin to the Criminal Review body would be useful. So the difficult cases would have somewhere to go.
It does not matter how many independent bodies of professionals,complaints committees,inspectorates ,press, t.v.,Police or Uncle Tom Cobbly and all review cases and find against the Local Authority, the department will not come clean,acknowledge concerns and change.
If parents feel their cases are conducted unlawfully and wrongly IN ANY WAY,the only remedy is an appeal to a higher court.
It is my view that were appeals granted automatically as a right in serious cases not only would it stop miscarriages of justice going through ,it would also lead to a massive decrease in appeals for the high court to deal with not more.
Once the right is granted and a couple of test cases based on procedural irregularities and/or false evidence ( or perjury) were to go through, the LA would be forced to change its practices and conduct all cases correctly. Injustices will be less likely to occur and Public trust would be restored.
After the debacle of the 1980’s false sex abuse and witchcraft allegations,when an enquiry condemned the system and the standards of evidence used, the law was rewritten and the Children’s Act 1989 was instituted. At that time, the CS was instructed to review all of its similar past cases and to take reparatory action. When it came down to it, it did no such thing.It undertook the reviews behind closed doors without even inviting parents,children or their representatives to take part.The ‘reviews’ were peremptory and very little was done to correct previous wrongs. Very few children were sent home. The Authorities just cannot be trusted. Appeals should have been granted automatically then.
Sorry,i meant reparitive action not reparatory. No such word as reparatory.
I think you were right first time. I don’t know the word ‘reparitive’.
I still do not understand why Angelo thinks a higher court will necessarily come to a correct decision. They may have potentially false evidence from the LA placed before them and they only have the same balance of probabilities to work to. In addition the appeal judge will give weight to the original judge having heard oral evidence from the parents.
Personally I think efforts should be concentrated on making sure pre proceedings are lawful and helpful.
QUOTE: Once the right is granted and a couple of test cases based on procedural irregularities and/or false evidence ( or perjury) were to go through, the LA would be forced to change its practices and conduct all cases correctly. Injustices will be less likely to occur and Public trust would be restored : UNQUOTE
Sam, If parents were to be granted an automatic appeal when serious cases are not conducted correctly pre-proceedings or in the courtroom resulting in potentially false evidence, that will compel the LA to follow the rules. What better way can there be of concentrating on making sure proceedings are lawful and helpful? I hope you can understand it now. Also when cases are conducted properly pre-proceedings less of them will go to court and there will be less pressure on court time.
QUOTE : After the debacle of the 1980’s false sex abuse and witchcraft allegations,when an enquiry condemned the system and the standards of evidence used, the law was rewritten and the Children’s Act 1989 was instituted : UNQUOTE
Sam, The cases during the seventies and eighties to which i refer concerned allegations that children had suffered sexual abuse at the hands of parents. There wasn’t usually any physical evidence of it at all but the ‘proof’ depended on the flawed evidence of one child psychologist who instructed the SW’s to question children , make suggestions , and encourage them to talk freely. The psychologists themselves also used the same tactics.The children were also given male and female biological dolls to play with during the interviews.
After the enquiry, the methods used were discredited by other psychologists and the practice of relying on the evidence of ONE expert psychological witness was outlawed.
This has relevance to your complaint that cases these days should not rely on the assessment of one psychologist but that a second opinion should be permitted.
There are cases that go to a higher court , test cases that become case law. This does not stop the less scrupulous LA’s keeping to their same practices especially if the local court tends to rubber stamp care applications. For instance I was told by an insider that the judges at my local court do not give a damn about human rights of parents. I am sure you have as I have seen cases very similar to our own where a care order has not been granted or the case has been successful at appeal. I am afraid once humans are involved there are no definite outcomes. It is not nice but it is reality.
I really do understand your frustration. Maybe if you have fresh evidence in your case it may be worth trying an out of time appeal, but I would do so before the practice direction consultation is finished as there may be an even higher hurdle to jump.
Sam,i am not talking about my case.
The reason why ,apparently , rules and laws are ignored is because precedent is not ‘trickling through’ to the lower courts.
In my opinion that is not good enough.
Nor is it ‘trickling through’ to the LA’s. Rather than go with it ,the LA’s deliberately paddle against the flow . It either ignores the rules or aligns itself with new initiatives which will turn back the flow.
Full blown appeals are heard before three high court judges at the Court of Appeal.The original Judge’s permission is not required whether he or she has a wig on or not.
Exactly. An ounce of prevention better than a pound of cure. Once case has started off down wrong track, it is very, very difficult to get it back.
Angelo
If you read the link to the document the Court of Appeal simply are overwhelmed and trying to cut down on appeals. More cases will be decided on paper. Once again correct me if I am wrong Sarah but a considerable amount of this type of work is actually prepared by lawyers other than the Lord/Lady Justices themselves. It says that one case waited 19 months to be heard. Your idea is great but the opposite is happening for practical reasons.
Automatic appeals about serious Public law family cases will have to be given priority and go to the top of the list. Time-scales for children demand it.
Appeals should be within 13 weeks or at the most 26.
As i have tried to explain to you ,Sam, the effect of making appeals automatic will be to reduce the need for them and lessen the pressure on the Courts in the long-run.
I can understand part of your argument . It has a similarities to my pet theory that CS should be subject to something like PACE. Basically accountable, so that would force them to follow correct procedure and fewer cases would be started. Have I got that right?
My opinion is based on the opinion of the P.M’s spokesmen ( including top legal advisors within Parliamentary circles) that the one and only remedy when the LA’s don’t conduct cases correctly is an appeal to a higher court. As far as i know, that advice might have come from the Attorney General himself,i don’t know.
I do not even know what PACE stands for but it is fairly clear that LA’s have little respect for anyone or anything other than a court. Most of their efforts ( including valid evidence and false evidence) is aimed at achieving what they want be it legitimate or illegitimate. They regard the law as an aspect of social work ,one to be overcome in order to achieve their aims not one to work alongside with.
Currently, any lower court judge is granted the ‘discretion’ to issue orders more or less as he sees fit whether or not cases have been conducted correctly.
Thus , when such a serious sanction as permanent liquidation is forced upon a family, they should have a right to an appeal automatically. I don’t see what more i can say.
If one were sentenced to death,one would have a right to appeal and even if the appeal failed,one would be able to plead for clemency. That plea would go to the very top.
This PM and his government have little regard for the law as far as I can see, they would like to change the law on adoption to make it easier according to their rhetoric.
Sorry Angelo when I fell into the abbreviation trap. Police and Criminal Evidence Act . Basically “normally” provides safeguards for any one arrested . One of the provisions I would copy is to put a time frame into gathering of evidence as the present system allows drift for months/years preproceedings which doesn’t benefit the family. All interviews are of course recorded and a solicitor offered. Due regard has to be given to the person’s capacity to understand the process.
There are timescales already; care proceedings are 26 weeks.
Yes, but I think Sam was clear she was referring to pre-proceedings? I agree – as I keep saying; I am rarely asking ‘why did this LA intervene in this family’s life at all?’ rather I am asking ‘why did it take them so bloody long to get this to court?’
I quite like the idea of something akin to PACE. Add it to list for #CPConf2016?
I wasn’t clear it was, hence reply, but only popped in for a minute. There are timescales both for absolutely everything in my word. There are timescales for conferences and pre proceedings, as well as reviewing both. If a decision hasn’t been made before, 2nd review conference (9 months of working with a family) will be the timing for that, in order to avoid children drifting on CP plans. The decision may not be to issue of course, it could be to close, support with child in need plan, or package of support from universal services as examples.
I think one of the features of CP cases is that they are reviewed, at conference and in pre proceedings, and at each stage you are really asking what has changed and is it enough for children in this family to be safe. They also give families the time to effect change which could be over challenging in 26 weeks. I have a pre proceedings timescale but can’t find it in the PLO so maybe that is something that needs to be there.
I think one problem I have with comparing the CP timescales to PACE is the way cases evolve whilst I am working with families. Most are a series of events over a period of time, both before I have a case and during. I’m not a detective so although the cases that go straight to issuing may involve a one off event, most aren’t. The ones that are often do involve a crime. That doesn’t mean they should just drift, just wondering if the timescales for conferencing, monitoring the CP plan and pre proceedings don’t work for you or if people just don’t know what they are.
Yes please .
Likewise, when the Government (we) refers to making adoption easier, it means post-proceedings in those cases when adoption has been decided on (as a last resort) only.
Thus I would not argue with their policy in that regard.
However, I think forced adoption should never be imposed in the first place. It is always more humane to impose reform upon a family.
Forgetting about my preferences about forced adoption, #CPCon2016 should be made to understand that whatever the concerns are, the legal guidelines and procedures are laid down to be followed not flouted.
It is irrelevant whether we are asking ‘why did this LA take so long to get this to court?’ It is irrelevant whether we are asking ‘why did this LA bring this to court at all?
Both questions are probably answered by the LA’s failure to follow guidelines and procedures scrupulously.
Of course, that is also the reason for my long-held doubts and oft-expressed views about the system. Similarly, I doubt whether something akin to PACE will change the system DECISIVELY. It matters little what new procedures are introduced when LA’s tend to bypass such guidelines and procedures; they will ignore the PACE instructions too. Just as now, the lower Family Court can always grant the LA too much latitude and absolve the LA for having done so.
The only decisive way to restore Public trust, in my view, is to make it possible for respondents to appeal lower court decisions immediately when they feel the case has been conducted wrongly. It is always in the welfare interests of children to conduct cases correctly and unless they are, the no-order principle should apply.
#CPCon2016 should consider that the matter of Public trust in the system is essential to its smooth running. If professionals are satisfied and trust the system it matters little. The most important thing is that families trust it. CP professionals exist to serve the Public.
QUOTE: Exactly. An ounce of prevention better than a pound of cure. Once case has started off down wrong track, it is very, very difficult to get it back: UNQUOTE
Sarah, I think we all have to realize that cases start off down the wrong track because procedures are not followed right at the start and information is not checked sufficiently and/or when a SW or the LA has illegitimate aims. The latter is more likely when guidelines are ignored.
I have not read Brene Browns works fully myself. I suggest that when cases go down the wrong track at the outset it is because the CS has failed to check its information. When respondents correct wrong information, the SW’s will seek to minimize their initial mistake to justify themselves and deny they made a mistake. In fact I think that is obvious!
Assuming we all accept that SW’s are prone to invent false narratives, has Brene researched why? I wonder if she has researched if ‘self-justification’ and rationalization of ones own mistakes may have something to do with it. I hope you can relay her thoughts to readers on the subject.
QUOTE : One of the provisions I would copy is to put a time frame into gathering of evidence as the present system allows drift for months/years preproceedings which doesn’t benefit the family : UNQUOTE
Sam, I share your concerns . However, there is also a big problem also around LA evidence when Family Court proceedings have begun. The LA presents evidence and concerns . The respondents will present their own evidence which negate and prove the concerns invalid. The respondents may win the case at an early stage. However, Instead of accepting its concerns are needless , the LA sticks to its guns and to justify setting proceedings in train in the first place, it will go to extremes and conduct a witch hunt ,seeking out any evidence true or false to support its original aims. It will aim to negate any argument put forward by the respondent and can introduce new ‘concerns’ at any time. It can even present fresh evidence without due notice at the final hearing to swing a court decision in its favour.
I don’t think that is fair.
Sarah, when a Magistrates Court ( Family Proceedings) adjourns a case for various reasons, it issues an order which stipulates that LA evidence and concerns must not be added to during the adjournment period, does it not? Should the same rule apply in the county court?
Angelo
I do wish you had decided to go to the conference instead of us going around in circles.
In my opinion only and I could be wrong what I would like to see is a window of time for CS to prove the case had met the threshold to issue proceedings. If they can’t then they either support the family if that is what is needed but not use the CIN status to conduct a fishing expedition or stop all involvement. I would also expect all meetings to be recorded and what is happening plus the expectations of SW explained very clearly in writing.
I suppose I am after something more akin to a criminal system, someone may be stopped because a computer check may throw up a previous history BUT they cannot be then arrested if they have not committed an offence at the time. At the moment SOME LA’s have suspicions, they may be weak ,start child protection procedures then build up a pattern to justify . This may go on for months or years. If anyone’s behaviour was scrutinised over such a period of time, everyone would probably have CS involvement, all make mistakes, eg David Cameron leaving his daughter behind at a pub. Just imagine if a parent with involvement with CS did the same:Parent who may have alcohol issues abandoning child failing to put the child’s needs first , possibly drink driving/ mental health problems as memory loss could be an indicator also query the child’s attachment.
Just a thought.
If an issue arises during CIN or CP process, it arises, that doesn’t mean anyone is fishing for it. Did you not get copies of the plans? They should detail the work and expectations of the SW as well as other professionals. I don’t have a particular view about DC because it isn’t a pattern of behaviour (as far as I know) if someone continues to do that because they are drinking etc. that might be different. There are some high profile one off events I do think have been treated differently because of who those people are though.
BTW when I say that it doesn’t mean I think meetings, plans etc. are always accessible to parents, even if they are there/have a copy. LAs which use the Signs of Safety model probably do that best, because those meetings say quite clearly without jargon what ‘we’ are worried about, what’s working well, what needs to change & next steps so everyone knows what should happen next.
I certainly agree with your last sentence.
Helen what do you think though about intervention being time limited? Or instance would you agree with a maximum of 6 months then if the threshold for care proceedings were not met all CS involvement stops. Would it be reasonable to say that at risk register is not really needed if each child has an individual time limited plan.I am just floating ideas around.
I would separate out, because they are separate processes even when they run alongside each other, the CP plan and pre proceedings.
The child protection process timescales first review at 3 months, second review is at 6 months. Core groups which monitor and manage the CP plan are within 10 days of first conference and then every 6 weeks. The second conference can be pulled forward, the only times I’ve tried to do that it got pushed back again because things were going wrong… Whilst the first 3 months do involve SW intervention, and work is done in that time, it is also the time that referrals are made and services identified. Sometimes that isn’t quick and this isn’t necessarily because people are being a bit slack. A counsellor/psychiatric service has to do an initial assessment before signposting to the most appropriate service for example, a parenting course might not start 4 weeks into the plan and last 12 weeks, work around DV and substance misuse can be interrupted v easily by events and completion might be very important. So if I were to impose a timescale on that it would be 9 months. At 9 months there should be an assessment of whether a legal planning meeting is needed and if the CP plan can end. The CP plan might end with support and services put in place under a CiN plan or it can just end, usually with some support form universal services but not always. I’ll have to dig out the reference but basically research indicates that if change is going to happen it is going to happen in 6 months. I just think it would be unrealistic to think that everything starts of day 1; some things can some things can’t.
Pre proceedings should be a maximum of 6 months and reviewed after the first 3 as far as I am aware but can’t find the reference in the PLO. I think if you haven’t issued by 6 months, given you are running this alongside the CP process, you should either being issuing or coming out of pre proceedings.
I do understand what you are saying but I don’t think the CP process is followed this rigidly in all LA’s . From listening to other parents it seems once you are involved , it can take years for CS to back off. Is this the parents fault or lack of resources or the risk adverse culture? Very little or no work is actually done with the family even if it is a recommendation at a core group or conference. Meanwhile the situation is likely to deteriorate .
What also concerns me is it is clear that children are left with unsuitable parents far too long. What do SW actually know about the core issues: addiction , mental health , domestic violence and learning difficulties ? For instance do they attend domestic violence refuges or mental health units as part of their training?
It is quite hard not to follow the CP process but that doesn’t mean that it is always effective. Lack of resources is an issue and that can’t be gotten around now that everything is cut to the bone, what is recommended at core group or conference ought not be something that can’t be accessed. Some SW will be overwhelmed with caseloads and just not be able to touch all they need to in order to work to the plans effectively.
SW do get training in all the areas you mention but they aren’t going to be specialists. The range of tasks people want SW to cover is ginormous. Service user involvement on social work courses is invaluable. Some of the places you mention attending it could be insensitive to do so, we are not voyeurs, but there are other ways of learning about those settings. I don’t think I would ever have understood as much about the life of a sex worker subjected to DV & pimped by her ‘boyfriend’ if I hadn’t heard it from her. The course itself is also a mix of the practical and academic, so 50 students on 50 different placements, there’s a lot of shared learning. I have also found all SW v generous in sharing good practice, so if I see something that seems to work well I’ve never had anyone be precious about sharing it. As well as the original training, SW training is ongoing, we have to keep up a certain number of continuing professional development hours in order to reregister. That includes current research as well as attending training courses or conferences.
There are plenty of cases where risks reoccur, they close in the knowledge that it is very possible that a crisis could easily bring them back to CP because for some people change is easily jeopardized. There are also families where things get better when SW intervene and deteriorate when it ends, often long term neglect cases. Rather than (or as well as) risk adversity, the cyclical nature of both of those scenarios is very damaging for children and they can be kept on plans longer to monitor. If work has been done, I can’t ascribe fault, I just think that for whatever reason there is lack of capacity. There absolutely does need to be a risk assessment but children can’t be saved from having what is quite a rubbish life sometimes and some families just need what I call scaffolding.
Sorry,Sam ,i understand what you say. However, it does not work like that when the LA has illegitimate aims and SW’s do not check their evidence.
For example , a mother with two special needs children took one of them to hospital when worried about a rash on the child’s tummy ( in compliance with the special needs care-plan for the child which directed that in the event of a tummy rash he should be taken to hospital within four hours). She was very stressed and worried about the child. Her concerns turned out to be negligible. She agreed with the hospital doctor that she would benefit from CS support given that she had two children with special needs and asked him to send a note to SW’s to the effect.
The CS never responded at all and did not pay her a visit, communicate in writing ,make any enquiries or offer any support.
Three years later, when the family came to their attention again as a result of a malicious referral, the key social worker reported to Court that an official referral had been made by hospital following serious concerns about an unexplained rash on the child’s body , that enquiries had been made and that a social worker had been assigned to the case to monitor issues.
Cloud-cuckoo land. No SW had been assigned to the family at all.
Nevertheless ,someone placed the false information on to the computer data-base, the new key social worker took the data-base at its word ,did not check with the family and presented the false evidence to Court under oath.
I have no doubt a barrister,like Sarah, looked at it and decided there had been serious medical concerns about the family over a number of years. When Mum objected, she was disbelieved and the SW’s word taken above hers. It was said she denied concerns and she was unable to work with professionals.
Sorry to send us round in circles again but had the key social worker only done the right thing , asked the Mum about it and listened to her , the family would still be together today.
I shall be saying little more about it on this thread. Good luck at the conference!
I’m not entirely sure how you can be so confident that the information is false?
That is exactly why I am saying everything needs to be voice recorded at the least. If CS had concerns surely a photo of the rash should have been kept on file also.
Under PACE if correct processes are not followed a prosecution will fail. The accused has to be treated according to the law and timetables must be kept to.
If the rash was a concern there may not be a photograph on the SW file but there would be a report from the paediatrician, that would have had to go to court to support there was medical evidence of concerns otherwise SW could say anything?
It was not photographed because it was of no concern whatsoever to the doctor .The SW stated it was unexplained and of serious concern to the Doctor and the reason for a ‘referral’.
The SW misrepresented the whole episode to make it look like there had been long-standing concerns about Mum’s care of the children. Both children were fit as fiddles. So was Mum, the only mistake she made was to agree with the Doctor’s concerns and request support. No -one submitted a report from the hospital doctor.
I am confident the information was false because a year and a half later ,i was shown an official complaints report which upheld Mum’s complaint that the SW had given false evidence (‘lied’). The SW herself confessed that she hadn’t conducted enquiries correctly and visited the Mum ,interviewed her etc. There was no record of any SW being assigned to the family at the time.None had been.No-one contacted the family.
No-one will ever know who recorded the false evidence on the computer data-base because no-one will investigate.
I used this Mum’s case as an example of how false evidence can be concocted by anyone with illegitimate aims. It is no use going further into it now and arguing about it any further. It was false period.
In my view, the Mum should have been granted an appeal automatically on the grounds that the CS had conducted the case incorrectly and presented false evidence under oath. That was not the only false evidence.There was lots more too.
I wish all sucess to the CPR conference this Friday. However, what we have to bear in mind is that standards of evidence have been in place for many years also tight rules which apply to SW practice and enquiries,working together etc. The Family Court does not enforce them strictly enough and the possibility of the same happening will still exist if PACE type standards are introduced. The Family Court is a civil court not a criminal one and obviously, it will be impossible to enforce PACE type standards in Private Law cases and it may not be possible in less serious Public Law cases either. Public Law Cases rely almost entirely on the integrity of professionals mainly the LA.
I ask you to remember that we are not seeking to introduce new methods to protect families against legitimate aims. These are already in place for the most part. We are seeking to guard against LA authoritarinism and illegitimate aims.
Helen has told us in some detail of how cases should be conducted but we should beware that when her practice rules are not followed by others and when false evidence is presented to courts , it is not by mistake.
Without using capital letters on this occasion , remember that the appeal advice came from the top ( the PM’s office ) and was addressed to an MP. Whilst the LA is often at fault, the main fault lies with the Family Court system which allows the LA to get away with it. When the lower court does so, the only remedy is to appeal.
I’m not arguing, was asking.
It was not photographed because it was of no concern whatsoever to the doctor .The SW stated it was unexplained and of serious concern to the Doctor and the reason for a ‘referral’.
The SW misrepresented the whole episode to make it look like there had been long-standing concerns about Mum’s care of the children. Both children were fit as fiddles. So was Mum, the only mistake she made was to agree with the Doctor’s concerns and request support. No -one submitted a report from the hospital doctor.
I am confident the information was false because a year and a half later ,i was shown an official complaints report which upheld Mum’s complaint that the SW had given false evidence (‘lied’). The SW herself confessed that she hadn’t conducted enquiries correctly and visited the Mum ,interviewed her etc. There was no record of any SW being assigned to the family at the time.None had been.No-one contacted the family.
No-one will ever know who recorded the false evidence on the computer data-base because no-one will investigate.
I used this Mum’s case as an example of how false evidence can be concocted by anyone with illegitimate aims. It is no use going further into it now and arguing about it any further. It was false period.
In my view, the Mum should have been granted an appeal automatically on the grounds that the CS had conducted the case incorrectly and presented false evidence under oath. That was not the only false evidence.There was lots more too.
A slip of the keyboard ,the above message was by me.
“A slip of the keyboard ,the above message was by me.” which one?
Both were by me Helen. I re-submitted ( and added to ) the earlier one which did not have my name to it . I was hoping that the moderator might delete it because it was awaiting moderation.
Sorry for my slip-up.
I have a problem… my 4 children were placed with a friend on a special guardianship order. I did it due to a violent relationship…I was in a verbal agreement with carer who then went bk on her word. since then 2013 I have struggled to c the children due to the friend making excuse after excuse. Last week march 2017, my son took an overdose and ended up in hospital. hes 13, she has always made it clear she didn’t like him n he too to me he didn’t want to be there. I disagree with the way she talks to the children… the word stupid, not responsible enough to have anything , are jus a few of her comments. I was not told about this until tues of this week. what can I do.. I went to her door which I have never done and she thretned harressment. to check on my own children???? please someone help. I no about psu ,…. but this could happen or something else could happen and I will not be told.
Is there an actual order in place? If so, you need to apply to court to discharge it, if you don’t think that the current SGO is acting in the best interests of the children. But this is a tricky thing to do – you will need to show that your circumstances have changed since the order was made AND to discharge it would be in the children’s best interests. the longer they have lived with the SG, the harder that will be.
You might find this post useful.
https://childprotectionresource.online/applying-to-discharge-or-vary-a-special-guardianship-order/
Sarah,looking through forms for leave to appeal,there are instructions (almost indecypherable) saying how vital it is that the application is made to the correct court. It mentions different tracks and there are so many different ones apparently.
If you have time ,perhaps you can translate for prospective appellants?
Extremely Urgent, ‘Public Appeal Campaign to Ask Hounslow LA to Withdraw the malicious Care order they made through family court and Rescue our Child Abusive Foster, within 24 hours, before our child’s birthday due in 1st week of January 2019, as our child welfare is in dager; life and limb from last 18 months!
Attention: Public, Media, Legal Firms, Newspaper, TV , Welfare/Religious Charity/Faith Organizations, London, UK:
Dear Public,
Good day,
1. This public campaign is to Rescue our child from abusive foster within 24 hours. So ask Hounslow LA to withdraw malicious care order and give child back to parents before his birthday due in 1st week of January 2019 to Re-start our private & family life
2. Hounslow LA had ruined our child his 6 holy religious festivals and last year birthday far from loving parents in abusive foster from 20/6/2017 till to date.(more than 18 months)
3. Now this year, again our child’s birthday coming, due in 1st week of January 2019.
4. We need our child back before his birthday, within 24 hours, before his birthday, from doing second appeal or Judicial Review from high court with respect after 2.9 months abuse in asylum through social services; Southwark, Hounslow and west London family court.
5. Give us urgent legal help to do either second appeal in court of appeal and Judicial Review against malicious care order, to get our child back from high court. As our work rights had been waived from last 3 years and we get only minimum money to run our kitchen and basic expenditure. But we are facing the malicious case put by Hounslow LA from last 18 months.
6. Our child had been suffering emotional abuse and harassment without any threshold in abusive foster from 18 months. Hounslow LA made our son underweight due to less non-familiar food. Due to weeping our child, weakness LA put big glasses on him. Child is harassed in adult talk to speak lies against parents after 18 months, which is crime. As our child was removed from home unlawfully without any abuse and court order just to close the claim against LA and home office contractors as they were breaching our asylum data to black mail us to hide their neglect and abuse. Child told to parents and elder son recorded that abusive carer gave threat him to lock in room and strangulate from neck, and LA had dispersed him into 4th abusive foster like rolling stone. Our child is very innocent small and cannot bear this pressure of moving to stranger abusive foster.
7. Parents planned wished to go to our holy religious gathering but we are stuck abused in this malicious asylum and hounslow LA care order.
8. We run this campaign now due to several facts;
9. Home Office three contractors through Southwark & Hounslow social services had misused, fabricated our asylum date , was in breach of Article 8 of the European Convention of Human Rights, immigration rules and UN guidance on handling asylum claims.
10. We want protection and Rescue from this abusive defamed asylum immediately.
11. As last resort to stop 3rd party home office contractors, Hounslow & Southwark LA to cease processing, misusing, fabricating and breaching our asylum data and disclose further to any court.
12. We never told, gave informed consent and permission to any social worker in Southwark & Hounslow. There was never any meeting of child protection conference with any social worker ever.
13. Southwark SW [NAME REDACTED] used to shout on parents that don’t come to his office, he cannot give sec 17 CA, help to elder son education and £5 to little son premium funding in Heber school, SW refused by saying that our famiy was not British. Whilst this is false for sec 17 assessment, you don’t need to be British it is for NRPF.
14. Then why did they remove our child from stable life to abusive foster, as now we are not British.
15. But after making complaint to Ombudsman and MP Helen Hayes Southwark, about abuse of 3rd party and SW [NAME REDACTED] , Southwark & Hounslow corrupt LA sat themselves in closed room and forged false reports on our family like they are terrorist and did fraud; abuse of powers and misused child act through police and family court and removed our child unlawfully from stable home on 20/6/2017 till to date.
16. We had already sent sec.10 DPA Notice and Judicial Review pre-action protocol to stop misusing our asylum data but Hounslow LA Mr [NAME REDACTED] is very corrupt and negligent who didn’t reply to our any notice and protocol.
17. But Hounslow LA had been breaching our asylum data taking solicitor from Harrow council, falsifying, misusing breaching our asylum data forwarding from Southwark to Hounslow LA our asylum data, against Data Protection Act UK and Human Right Act and defamed our famiy.
18. Because, LA didn’t allow to use legal avenue and abused through solicitors now we are helpless parents and child requesting you on humanitarian grounds as last resort to get justice, to rescue our child from 4th abusive foster to expose corruption of clerks of court of appeal, royal court of justice, high court London UK, We brave, true and respectable parents start this public appeal campaign like 3rd world countries as in 16 Monarch Tudors UK.
19. Because already from last 14months, the following solicitor firms and probono had misguided, abused us perverted to course of justice by just misguide us by wrong information and delaying abusive tactics to waste our time of making appeal from September 2017 till to date and make us exhausted. The all corrupt solicitor firms perverted to course of justice, used delaying tactics and wasted our time and betrayed our trust, misguided and abused us. Then we caring parents did ourselves appeal against malicious care order.
19.1. [NAMES REDACTED]
,
Did offence perverting to course of justice by just kicking us like ball and sent to legal aid But [NAME REDACTED] solicitor wasted our 9 months in applying just legal aid. When legal aid and solicitors had abused us for 9 month, then we went to probono again, but Mr [NAME REDACTED] refused.
20. After abuse by solicitor firms, we ourselves took initiative to do 2nd appeal in court of appeals but clerks are doing the same perverting and discrimination by not issuing our appeal. But court of appeal clerks did corruption perverted and didn’t issue our 2nd appeal.
21. Because our whole professional career , family private life, peace of mind and social status is libelled, slander, discriminated and defamed and humiliated due to this data breach. Mother is certified teacher had been teaching in mainstream school KS1, KS2. Mum is graduate in MSc. International project management from London and MBA and M.Ed and had been working as school head back country. Father is qualified Engineer and had been working as security officer in reputed firms in UK. But now we are libelled and defamed, as home office contractors had breached, falsified and misused our asylum date through Southwark & Hounslow LA and family court. Elder son’s career is libelled. Little son is removed and abused in dangerous from 14.3 months, whole family torn-aparted.
22. Hounslow LA had misused Child Act UK by doing fraud; abuse of powers, breaching our asylum sensitive confidential data forcedly to blackmail in revenge of making complaint of their abuse, perverting to course of justice, battery assault by police, perjury, forging in family court who acted under influence of Southwark and 3rd party; home office contractors; migrant help, Clearspring, comwood Croydon to hide their own abuse & neglect given to our family from 13/3/2016 till to date.
23. Hounslow L A threatened us first by sending three times ( dated: 14/1/2017, 26//5/2017, 06/06/2017) false police to our home who did incivility, broke our door, showed punches to father, threatened to arrest if don’t work with social worker. But inspector Edward said that police will not come fourth time as our claim against LA was in high court and we will see them in high court. (Evidence will be shown)
24. Then on 20 June 2017, Hounslow LA detained both healthy and educated professional parents and sent to mental jail, from where we discharged successful proved that we were falsely accused and unlawfully detained.
25. Hounslow LA only detained parents just one day before the 28 days of defamation claim against LA& r3d party was about to finish near 21/6/2017. Hounslow LA again 4th time brough heavy police 16 PC’s and private doctor from Harrow and Essex who never met us, and doctor asked us one question, why do you say you were bullied and harassed in Southwark hostel, you both are detained for psychiatric mental health jail.
26. Just to close the defamation data breach claim against them, one day before the 28 days were about to finish, and filing defence was due.
27. Then Hounslow LA ran running malicious care proceeding all without parents by sitting alone inside closed corrupt family court judge [NAME REDACTED], under bad influence of 3rd party.
28. Our child was removed from home20/6/2017, without any court order, without any threshold, any abuse and any procedure legal by the corrupt Hounslow LA then running malicious care proceeding in corrupt closed west London family court corrupt.
29. District judge [NAME REDACTED] family court clearly said to both parents on 1st hearing dated 14 July 2017, both parents there is nothing against you, he gave the ICO to hounslow SW [NAME REDACTED] because LA sent both healthy, sane and highly educated to hospital forcedly.
30. Then we asked judge to give our child back but he did fraud corruption and terrorism and didn’t give our child and ran malicious case in parents absence just by listening to corrupt Hounslow LA and made illegal care order.
31. We request judge family court to give us transcript of hearing in which he said, there is nothing against parents, but he refused to give the transcript. This is discrimination and open fraud. When there is nothing against parents, then how did judge ran malicious case and made malicious care order.
32. We made only 1st appeal against malicious car order in lower court and can make 2nd appeal But clerks are perverting and don’t’ issue our appeal.
33. But now we parents cannot see our innocent little child to get more abuse in abusive foster, so we run campaign and plan for peaceful protest outside high court if clerks do the same again.
34. Actually our defendant are Hounslow, Southwark LA and home office contractors; migrant help, Clearspring, comwood Croydon, so they abused their powers and approach each solicitor and charity organization we contact and stop them to help us and ask them to misguide and just use delaying tacts, so from last 14.3 months we had been fighting this malicious care proceeding ourselves Litigant in person.
35. But now it’s too much abuse our child is in danger, who had not seen his parents from last 14 months, so you are a journalist, please cover our story of abuse by LA and court of appeal clerks who are not issuing our 2nd appeal.
36. Please imagine the pain that we both parents cannot sleep from last 14 months when LA kidnapped our child by fraud, and we are under harassment
37. We had sent you our sad story public appeal campaign to rescue our child from abusive foster from last month. Please reply us urgently.
38. Please you are reporter/journalist and can understand that how our child is being abused in dangerous foster without any threshold from 14.3 months.
39. So please give us your reporting coverage support by exposing corruption of court of appeal clerk.
40. Please take our child’s welfare serious and please give us coverage to listen our story of abuse and perverting by court of appeal clerks who are not issuing our 2nd appeal against malicious care order.
41. Can you please send us confirmation receipt that you had received our email.
42. We are also victim of cyber stalking, phone hacking from last 2.5 years by LA & 3rd party who are perverting to course of justice by blocking our emails and phone calls. So that we don’t get the help from any avenue from the last 14.3 months.
43. So after this long abuse, now we need your coverage help to do peaceful protest outside high court against corruption of clerks of court of appeal, high court who didn’t’ issue our 2nd appeal against malicious care order.
44. We went as litigant in person to submit our 2nd appeal against malicious care order in court of appeal on 17/8/2017j, but clerks are perverting under influence of LA & 3rd party and didn’t’ issue our appeal and gave us false letter. (find attached)
45. We had tried all other legal avenues but no legal help is provided as 3rd party is perverting.
46. So we parents as litigant in person are planning to try to submit our 2nd appeal again one more time in court of appeal which is our legal and human right as per UK law Ref. Civil Procedural Rules(CPR) & Family Procedural Rules (FPR)..
47. If the clerks do the same corruption, then we plan to protest peacefully in front of high court London, until clerks submit our appeal and rescue our child from abusive foster within 24 hours, who is in life & limb.
48. Now please take immediate intervention to rescue our child from abusive foster.
49. Try and search around your community, colleague, friend law firms, who can just give us legal probono help for one hour only to go to court of appeal to submit our 2nd appeal. We’ll pay your travel to go to court of appeal.
50. Otherwise just support our campaign as we had prepared our bundle and will go soon to court of appeal second time to submit our appeal. If clerks do same perverting then we will do peaceful protest and sit outside high court like 3rd word country to get justice.
51. Please rescue our child with your legal investigation and coverage help to expose corruption of court of appeal clerks who are perverting to course of justice and give us legal media support to stop clerks from perverting and issue our 2nd appeal against malicious care order.
52. Parents and child request on humanitarian grounds to support our campaign, and need your newspaper and TV media coverage support to expose corruption of clerks and help us to issue our 2nd appeal to rescue our child within 24 hours,
53. Full chronology of abuse will be provided
54. All evidence of abuse given by LA and 3rd party will be shown.
55. Join our Facebook group: ‘Public campaign appeal to rescue our child within 24 hours’
56. Forward this campaign to your other friends as much as can and let us know that which help can you give us to make any small poster for peaceful protest and joining and coverage of protest outside high court.
57. Write to Hounslow LA to withdraw malicious care order and stop perverting and give our child back to loving parents before his birthday due in 1st week of January 2019.
58. Write to Hounslow LA to stop that they themselves apply withdraw the malicious care order and return our child and give us apology letter for the unlawful removal and separation of child without threshold from 20/6/2017 till to date.
59. Phone us 07459239523, email us; [email protected] to tell that you had joined our group campaign.
60. Waiting your urgent kind response to stand up in campaign to rescue our child within 24 hours.
61. And if any causality will happen to our child and parents, during this harassment, then all other officials legal organizations, to which we had knocked door for justice, will be accountable.
62. Warning: If any causality happen to our little son in abusive 3rd move during harassment, indulging him in adult talk, then followings will be responsible and will be accountable to get charged with perverting to course of justice, perjury, misfeasance in public office:
1.1. [NAMES REDACTED]
Regards, Phone 07459239523, [email protected]
1. Applicant 1: Mr Sajid Hussain-father
2. Applicant 2: Mrs Sajid Hussain-mother
3. Applicant 3: Mst. Z–Child (removed unlawfully from parents from happy stable life without any Court Order and threshold, or abuse by unlawful sectioning of both healthy parents, then running malicious care proceeding without parents and Kept unlawfully in abusive and ruff Non-Muslim Foster by Misusing/Abusing Child Law as Tool of Revenge and to Hide the Breach of Duty of Care & Neglect of Home Office Accommodation Provide/Asylum Help, and Social Worker Mr [NAME REDACTED] from Southwark Council Children Services. Child became Victim of Religious Psychological Assault, Emotional harassment and Physical Forced through Non-Muslim foster carer; Ms [NAME REDACTED] & her husband by Hounslow social worker Mr [NAME REDACTED], who left the job from Hounslow Council, after Parents openly challenged the unlawfulness of ICO and starting of unlawful Care Proceeding in Appeal on 29/09/2017, without any ground and threshold just to make him silence and to hide their own Neglect.)
As a refugee seeking asylum,you are in a very vulnerable position .One problem you face is a chronically unfair Family Court system.I can assure you the motives of the Local Authority are not ethnic or religious bias.They are liable to target the poor and vulnerable of any race even us natives.
I suspect you have circularised your Public Appeal and I have to say you are taking a very big chance which I hope comes off.
By putting out the names of your children over the internet ,you risk being locked up.
I am afraid the authorities in Britain can be just as oppressive and disrespecting of human rights as the worst ones in the Middle East.They often act unlawfully but child protection is shrouded in secrecy and the rogue elements are allowed to thrive because of it.
However,it will be interesting to see how far an open Public appeal gets you in the current climate.There is a push for open courts and transparency..Good Luck!
Perhaps they will make the mistake of locking you up and there will be Public protests about it..
Hello
I have just been respondent at a final hearing in family court with 3 lay magistrates. Despite the claimant having lied and evidence proven for the entire basis of his claim and pursued that claim with a massive amount of false, serious allegations that were also proven to be false, he admitted lying throw out his court papers and under oath in court yet the final order agrees to 50:50 care no costs, does not recognise abuse of process ( PSO was suggested by urgent hearing judge to be withdrawn or she would not pass it), he breached a clause for non-delegation of care 5 times in 6 months and requested 11 changes to the contact order to prioritise work over contact (musician working overseas) and is now away for 6 weeks and non-delegation clause has been lifted. Is this grounds to appeal in that he has committed perjury, bypassed MIAM, contempt of court etc and the lay magistrates have simply applied their standard CAO ruling. (Respondent raised coercive control and vexatious litigation but no fact finding ordered and C1A not really acknowledged- psychological, financial and emotional, not physical or sexual abuse). I was LiP Claimant had full legal team and counsel.
I am sorry to hear this. But the only way to challenge the order made would be by an appeal.
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