Skip to main content

Council of Europe Enquiry

A further resolution at the Parliamentary Assembly of the Council of Europe has been tabled as part of the Enquiry process.

(Link for full details)
1. The Assembly recognises that the protection of human rights is one of the Council of Europe’s core values. It recognises that children are particularly vulnerable and that systems must be in place to protect those children considered “at risk”.

2. The Assembly believes, however, that those who are tasked with protecting children need to be accountable for their actions and need to operate in a way which protects the human rights of all the people they are dealing with.

3. The Assembly notes the recent judgment of the European Court of Human Rights, X. v. Croatia (Application No. 11223/04) dated 17 July 2008, which held unanimously that there had been a violation of Article 8 (right to respect for private and family life) on account of the applicant’s exclusion from the proceedings which resulted in her daughter being adopted.

4. The Assembly believes that the use of mental incapacity by Croatia to exclude a person from involvement in their children’s future is wrong and not only violates Article 6 (right to a fair trial) but also Article 8 (right to family life) and Article 13 (right to an effective remedy).

5. The Assembly notes that in the United Kingdom, the 1989 Children’s Act is the main legislation governing child protection and that Cafcass (the Children and Family Court Advisory and Support Service) provides guardians ad litem for children in care cases.

6. The Assembly further notes that since the start of 2008, when Ofsted (Office for Standards in Education) became the regulator for Cafcass, it has issued two reports which have criticised the standards used by Cafcass. It said: “Inspectors could not find evidence about how service managers satisfy themselves that family court advisers are reaching sound conclusions in order to make the right recommendations to courts about children’s lives”. It found that “most reports contain recommendations to the court that fail to take account of a key principle of the Children’s Act that there should be minimum state intervention in family life”.

7. The Assembly notes that there are over 100 cases a year in England and Wales in which an organ of the state (the Official Solicitor) displaces a parent in proceedings which may lead to the adoption of their child or children.

8. The Assembly further notes that mothers have had their children removed because they were victims of domestic violence or on the basis of medical evidence for which there had been no second opinion.

9. The Assembly further notes that England habitually gives judgment in family proceedings without the judgment being in public (in conflict with Article 6). This Assembly notes that there can be an argument for anonymity, but not for the reasoning of the court to be kept secret which means that the court’s reasoning is not properly accountable.

10. The Assembly believes that these reports and concerns provide evidence of possible violation by the United Kingdom of Articles 6, 8 and 13.

11. The Assembly notes that Portugal also operates a system of forcible adoption where the parents, having not willingly given up their parental rights, have children forcibly adopted away from them.

12. The Assembly therefore believes that there is sufficient evidence and concern about the operation of family courts in relation to the European Convention on Human Rights in Croatia, Portugal and the United Kingdom to request that an investigation be carried out.

Comments

Andrew said…
I agree with everything thing in the above posting, the whole system is a mess, There is basically corruption at all levels & this government seems not to be bothered maybe a damning report is needed to wake them up.
moira said…
hurrah! Lets hope its all conducted properly.

Popular posts from this blog

Statement re false allegations from Esther Baker

Statement by John Hemming
I am pleased that the Police have now made it clear that there has been a concerted effort to promote false criminal allegations against me and that the allegations had no substance whatsoever.
I would like to thank Emily Cox, my children, Ayaz Iqbal (my Solicitor), my local lib dem team and many others who supported me through this dreadful experience. There are many worse things that happen to people, but this was a really bad experience.
It is bad enough to have false allegations made about yourself to the police, but to have a concerted campaign involving your political opponents and many others in public creates an environment in which it is reasonable to be concerned about ill founded vigilante attacks on your family and yourself. Luckily there was a more substantial lobby to the contrary as well, which included many people who were themselves real survivors of abuse, which has helped.
I am normally someone who helps other people fight injustice. …

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

Editor’s comments in bold.

Here, the magistrates’ clerk retired with the bench when they were considering a charge of dangerous driving. The clerk belonged to a firm of solicitors acting in civil proceedings for the other party to the accident. It was entirely irrelevant that there had been no evidence of actual influence brought to bear on the magistrates, and the conviction was duly quashed.

LORD HEWART CJ:
It is clear that the deputy clerk was a member of the firm of solicitors engaged in the conduct of proceedings for damages against the applicant in respect of the same collision as that which gave rise to the charge that the justices were considering. It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the…

Statement re Police investigation into Harassment and Perverting the Course of Justice.

It was recently reported that the police were not investigating the allegations of Perverting the Course of Justice that I had made. This came as a surprise to me as I had been told for some time that my allegations were to be considered once the VRR had been rejected. I have now had a very constructive meeting with Staffordshire police on Friday 29th June 2018 and the misunderstandings have been resolved. At that meeting the evidence relating to the perversion of the course of justice and the harassment campaign against my family were discussed. The police have decided to investigate both the perversion of the course of justice and also the harassment campaign. I would like to thank them for changing their decision and I accept their apology for the way in which they did that. I am also in possession of written confirmation a police force would be investigating allegations that a vulnerable witness has been harassed for trying to expose the campaign against me. I hope that the aut…