Skip to main content

Ashya King and Kerry Capper (over 100 UK refugees in Ireland)

One key element of life is looking at trends in the way things are happening.   Both of the above cases were in the news last week.

I don't know enough about medicine to take a view as to whether Proton treatment is appropriate for Ashya King.   However, it is quite clear that:

a) The doctors should not have threatened an Emergency Protection Order merely because they were being questioned by his parents.
b) The Courts are too ready to give EPOs when requested to do so.
c) Such decisions and the over used power to prevent parents from being in contact with the courts are at times damaging to the children.
d) The only way the family could in practise get a second opinion was to be in the words of Brett King "Refugees" from the UK.

It will take some time to work out where else in the process of issuing an arrest warrant and the arrest of the parents things went wrong.  Clearly if Naveed King had not been as capable as he is at dealing with social media etc their side of the story would not have been told.

What normally happens in these situations is that publicity is injuncted and if any side of the story is told it is only that from the state agents.  Portsmouth City Council is trying to row back from the fact that they did issue an application for Wardship.

One reason for using a European Arrest Warrant is that it would make it possible to bring Ashya King back.  If they used the Hague Convention it would be arguable that the family were no longer habitually resident in England and hence the foreign courts had jurisdiction.  Wardship applications can be made about children that are not habitually resident in the UK, but Brussells II revised and the hague convention cannot be used to get the child returned merely because a wardship application has been granted.

So here we have a case where the family were persecuted for doing what they thought was best for their child.   A lot of questions remain to be answered by the authorities not least how much they have spent on this which could have been spent more effectively.

In my e-conference last Wednesday Brian Rothery said that he believes there are now over 100 refugee English families living in Ireland.

Another case which deserves attention is that of Kerry Capper who was prosecuted for keeping her daughter (who had suffered from cancer) off school because she was worried that she was ill.

Again we have a mother doing the best she can using her judgment for her child and being treated as a criminal by the state.  Happily she was found not guilty - which does raise an immediate question about the procedural lawfulness of all the fines being issued for absence.  However, the prosecution was clearly not in the best interests of her daughter.

Comments

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. …

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…

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…