John Hemming has written a paper outlining the systemic flaws in Britain’s Public Family Law entitled “Systematic Quasi-Judicial Child Abuse”.
The Justice for Families Campaign Group has been set up to support families who have suffered at the hands of a system that is urgently in need of reform and to campaign for system of Public Family Law where the right decisions are taken through due process and with proper evidence.Over recent years a number of court judgements have challenged the status quo, and have served to move the judicial system towards where it should be:
Clayton v Clayton - This is the first real chink in the armour hiding away the workings of the Family Courts.
Birmingham (USA) Appeal Court on Munchausen Syndrome by Proxy(MSbP) - This 2004 appeal judgement is particularly interesting as it relies upon Experts who say that if people deny MSbP and the Doctors cannot explain their child's illness then they are too dangerous to care for children.
Keegan v. The UK at the European Court of Human Rights - This case relates to the care that investigating agencies need to maintain. It applied to a case when the police broke into the wrong house. It deals with the issue of proportionality.
Munby J on secrecy re Webster Case Norfolk - This is a good summary of the position on secrecy of the courts.
X Council v B [2004] EWHC 2015 (Fam) - Important EPO judgment Munby.
[2006] EWHC 510 (Fam) Re:X Emergency Protection Orders - Second important EPO judgment Macfarlane.
OLDHAM MBC v (1) GW (2) PW (3) KPW (A CHILD BY HIS GUARDIAN JACQUELINE COULTRIDGE) & FORBES (Intervenor) (2007) [2007] EWHC 136 (Fam) - The Oldham erroneous medical opinion case.
Parents trying to resist adoption in court of appeal. Two stage process.
M R v Gloucestershire ex parte X and Y [2003] EWHC 850 (Admin) - The Judicial Review about breastfeeding.
John Hemming is collecting examples of flaws in the system. Most of these are ongoing, so can't be discussed.
These press articles below however, give a flavour of the sort of problem that lots of people have:
An independent enquiry finds that social service works in Norfolk take decision based on insufficient evidence - BBC News
A child is taken away from it's parents because of suspicions over whether the father hurt a child during a previous marriage, though the father was neither charged nor convicted - The Times
A mother has her baby taken off her just after it is born, and isn't allowed to breast-feed it - Libdemvoice
A mother and daughter are re-united after having been separated on false grounds seventeen years previously. - The Daily Mail
A mother is accused of abusing her children and they are taken away from her. - The Daily Mail
The Service Users Joint Statement: Taking the Stick Away – An interesting report, regarding children's service provision which John Hemming doesn't necesarily fully endorse.
State Hypocrisy - In the Best Interests of the Child – A study comparing governmental advice on breatfeeding with the actions of social service departments.