Please forward to
your lists.
Quite a bit has happened in terms of activity in
public family law over the past month or so.
Parliamentary
Campaigning
Parliament is not sitting at the moment. That
means that MPs cannot sign Early Day Motions. It remains, however, that it
is worth writing to MPs asking them to sign the EDMs once parliament
returns.
EDM 2021 SOLICITORS AND THE FAMILY COURT PROCESSES
That this House notes the
comments of a senior social worker that meetings have been held during which
solicitors acting for parents have discussed how to undermine the cases of their
clients; further notes that there are many odd cases in which solicitors fail to
oppose care proceedings or accept that the section 31 threshold has been met
notwithstanding the opposition of their clients; recognises that reporting and
obtaining the investigation of such behaviour outwith parliamentary proceedings
remains a contempt of court for hon. Members; and asks the Solicitors Regulatory
Authority to review the implementation of the new solicitors' code of conduct
and how this relates to conflicts of interest in the Family
Court.
This EDM was tabled as a result of information from a
practitioner about how firms he had worked with had acted to undermine their own
clients. It remains that there are good firms of solicitors.
However, there are also those that people cannot trust to act in their best
interests. This is quite a strong EDM and MPs may not wish to sign this
unless they have personally seen such behaviour.
The problem remains, however, that sending details of such
misbehaviour is a contempt of court from a lay advisor. A solicitor can
report another solicitor. However, Lay advisors cannot report
anyone. The details of who can talk to whom are here:
http://www.opsi.govuk/si/si2005/20051976.htm
EDM 1931 FAMILY COURTS (No.
2)
That this House notes the growing
concerns over miscarriages of justice in family courts in cases where children
have been removed from families and adopted; believes that financial payments to
social services authorities to meet adoption targets introduce an unacceptable,
perverse incentive in complex cases; further notes that cases are heard and
decided in secret without any public scrutiny; notes that the Government brought
forward proposals last year to open up family courts; regrets that the
Government has announced that it will not now proceed with these proposals; and
calls for a public inquiry to examine the system in its entirety and to make
recommendations for reform so as to secure the best interests of children and
justice for innocent parents.
This EDM was tabled by Norman Lamb with my
support. It asks for a public inquiry. Generally MPs should be
willing to sign this unless they think everything is OK.
EDM 1766 FAMILY COURTS
That this House regrets
the Government's proposals to retain secrecy within the family courts; believes
that this secrecy permeates bad practice throughout the whole system of children
services; feels that it is possible to protect the identity of the child while
allowing parents to talk and seek advice publicly about their treatment in the
family courts, and that professional witnesses should be uniquely identified to
monitor consistency; further believes that every case should have an anonymised
judgement handed to the parents that they can discuss publicly; and calls on the
Government to recognise that there are very serious problems in the system that
have been postponed rather than resolved by the limited proposals contained
within the consultation document.
This was an EDM that I tabled jointly with Eric Pickles
MP.
Legislation
There will be a bill on children in care. The question
is whether or not that will allow amendments relating to how children are placed
in care. There is a group of MPs concerned about the current system who
would put forward proposals for change.
Extra parliamentary campaigning
A series of demonstrations are being
organised.
http://www.stopinjusticenow.com/The_Northern_Demo_Mini_Tour.htm
Selected Media Stories
Where's the Judgment
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/05/nadopt105.xml
This story highlights two cases where the judge failed to give
a judgment in writing. That prevented the parents from appealing the
case.
Community Care Debate
http://www.communitycare.co.uk/Articles/2007/08/02/105350/hemming-responds-to-your-views.html
This is a slightly edited version of my response to criticisms
from people working in Public Family Law. It may be that the Community
Care Magazine (which is effectively the trade magazine for social work) will
arrange some meetings to discuss the problems in childrens social
services.
It is quite clear that there is a bullying culture in the
management of many local authorities childrens social services
departments. This is part of the cause of the bad practise and also
results in people leaving for other jobs.
Deaths in Care
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/07/29/nsalma129.xml
http://www.thisislondon.co.uk/news/article-23406246-details/Toddler+'drowned+in+pool+as+her+foster+parents+partied'/article.do
There have been two sad deaths in care recently where the
local authority is being asked to do a proper inquiry independent of the social
care sector.
Changes to case management
As a result of larger numbers of people contacting my office
and organisations like Fassit we are trying to improve the way in which
volunteers offer support. A set of procedures have been written and we
will be trying to make sure that volunteers feel supported
themselves.
http://john.hemming.name/national/familylaw/jff/procedures.html
Local Branches
Local branches are also being arranged via
Fasitt
Research Information
This is an interesting document which demonstrates
that the Local Government Association warned that the effect of adoption targets
could be to stop children staying with their birth families.
see p44 about targets
There is also this article
in which Felicity Collier then of
BAAF
"remained concerned that the targets could skew adoption work from pursuing
appropriate rehabilitative measures to return children to their birth
families."
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