John Hemming's Web Log

Epping Forest DC, Loughton Alderton BNP 393 (32.2; -5.4), Residents 367 (30.1; +1.0), Con 163 (13.3; -3.1), LD Neil Woollcott 172 (14.1; +10.5), Lab 98 (8.0; -5.2), UKIP 28 (2.3; +2.3). Majority 26. Turnout 36.7%. BNP hold. Last fought 2006. Isle of Wight UA, Newport North Con 207 (35.5; -3.0), LD Liam Verstraeten 189 (32.4; +3.9), Lab 137 (23.5; -9.5), UKIP 25 (4.3; +4.3), Ind 23 (3.9; +3.9), Ind 2 (0.3; +0.3). Majority 18. Turnout 30.0%. Con hold. Last fought 2005. Stroud DC, Nailsworth Con 857 (44.5; +6.1), Green 810 (42.0; +4.1), Lab 261 (13.5; +0.2), [LD (0.0; -5.1)], [UKIP (0.0; -5.3)]. Majority 47. Turnout 38.0%. Con hold. Last fought 2007.

Sky carry Fran's story.

Althouh we haven't had to use these yet we have now got some draft precedents for applying for Habeus Corpus. Whether they will result in a retrial is another issue. As an absolute minimum there should be a public pronouncement of the sentence. (see link)

There is a case in Cambridge today where it is proposed that a certain woman be imprisoned. She will be requesting an open hearing. It would be wrong for her to be locked up in secret. I am going to visit a Law Library this afternoon to find the precedents for an application for a writ of Habeas Corpus so that we can get her released if she is imprisoned unlawfully (in secret).

This story (see link), This leader and this story jointly demonstrate the way in which the Family Courts accept basically irrational arguments. We are aware of a large number of babies being taken into care in the North East. What is not clear is the reasoning. We know that some were "munched" by the system. The advantage Fran has is that this is at an early stage where she can fight the system openly. She, of course, would be gagged as soon as the issue goes to court. I think this one that can be won.

Human beings tend to operate on the basis of the "rule of person". This is not that nice an environment as it depends upon the good will of the person involved. What developed in the UK was that the King first had to operate in accordance with a system of rules in dealing with the Barons (Magna Carta). Then generally the role of the King as a strong state developed into the separation of the estates. If we ignore the fact that the Family Division has a tendency to work on the basis of who likes whom (mainly in the lower courts although I have seen it in the High Court as well) rather than law we can assume that the courts operate on the basis of the rule of law. In the absence of the rule of law, however, we devolve back into the "rule of person". I am not sure what the reasoning was behind the liverpool shooting, but most shootings are gang related. Gangs operate mainly on the basis of the rule of person - the gang leader. To be protected in an enviroment where...

The Guardian kindly invited me to write for their blog area which I did (it is linked). Because they couldn't moderate such a legally sensitive area over the weekend they have shut down comments. One by someone with a pseudonym "niceday99" is well informed and deserves a proper response - to the technical points made. As I understand it, you're basically suggesting that the adoption system of 1999 was doing just about ok, albeit pretty borderline, but that the introduction of an adoption target overloaded it. But why was it "creaking" in the first place? Was it a case of lack of proper checks and balances, or was it simply a funding issue? It is the failure of the proper checks and balances rather than funding Adoption is an expensive process and the number of adoptions will be limited by the resources available to purchase and support adoptive placements. In other words, give local authorities more money to fund this (up front cash, not paying by results b...

Suffolk CC, Thedwastre South LD Penny Otton 927 (41.8; +7.5), Con 833 (37.5; -9.4), Green 287 (12.9; +12.9), Lab 88 (4.0; -14.8), UKIP 85 (3.8; +3.8). Majority 94. Turnout 32.4%. LD gain from Con. Last fought 2005 Havering, Squirrels Heath: Conservative 1828 Havering Residents Association 310 Labour 210 National Liberal Party, the Third Way 170 UKIP 134

BBC Times Times Comment Guardian PA Story Face the facts today at 12.30pm has some new material including a whistleblower who has been a senior social worker and confirms in essence that the thesis I have argued is true. On the back of this PA sent out a news story which has gone verbatim into about 30 local papers such as The Lancashire Evening Post I did an embargoed press release as well The Department for Children Schools and Families were slammed today by John Hemming MP for being disingenuous about the adoption targets. On BBC's Face the Facts (on Radio 4 at 12.30pm) The Department for Children, Schools and Families (DCSF) denied there was a target relating to taking children from their birth parents in order to meet overall adoption targets. John Hemming MP, Chairman of Justice for Families, said, "This is disingenouous and misleading. There is a target for getting children in care adopted. To have a child adopted from care that child has to be in care first. The gover...

I can confirm from personal experience now that the minor surgeries unit at Selly Oak does a good job. I left home at about 7.40 and left the hospital (having rested for the required 30 minutes after a minor operation) at 10.20. The doctors attending were a very competent Italian doctor and one from The Sudan who was watching.

The link is to Camilla Cavendish's article about baby Brookes in Calderdale. Note the use of the phrase "appalling vista". The judges accept the system as it stands because they refuse to see that it is very badly broken. This is much like Lord Denning refusing the criminal appeal of the Birmingham 6 because he could not accept the "appalling vista" that the police had lied. The number of miscarriages of justice are in the thousands. It ends up doing a lot of harm. That's to children as well as parents.

So we now find out that the refusal to deport Learco Chindamo is nothing to do with the Council of Europe and the European Convention of Human Rights or indeed the 1998 Human Rights Act. Instead it relates simply to the point that in essence there is actual freedom of movement within the EU. There are points where there is no border control in the UK (I won't identify them) and generally there is little border control in the EU. It isn't really surprising that the government are in a total mess. These issues require attention to detail. The government's new "automatic deportation" law isn't anything to do with "automatic deportation". It would not have an effect on a similar case to Learco Chindamo. There is perhaps an argument for a wider form of exclusion ASBO which applies with a criminal sentance (and as a consequence proof beyond reasonable doubt). However, all of these things need to be consider by the court of first instance - which is exa...

The link is to a story in Southern Australia where lie detectors are suggested for picking up false allegations. The issue of handling false allegations is a very important one. Sometimes people know what they are saying is not true. However, sometimes people believe what they are saying is true, but it is not. That is the real difficulty with some medical evidence. The doctors believe what they are saying, but it happens to be untrue. The judges cannot handle this directly (particularly when they refuse to listen to more than one expert) and it is really the responsibility of the state (a mixture of all estates) to work to ensure that expert evidence actually is true and where it is unreliable it is not relied upon. This issue is why we end up with "fact finding hearings" that are really just inventions as to one possibility that may be true. The procedures used try to obtain certainty from a complete muddle. The end result is a mess.

Aberdeen UA, Midstocket/Rose Mount Fought under AV. Stage 1 - first preferences: SNP 873 (29.5%;+3.2%); Conservative 821 (27.8%;+0.1%); Liberal Democrat Steve Delaney 693 (23.4%+1.3%); Labour 518 (17.5%;-3.6%; Solidarity 31 (1.00%;+1.00%); Independent 20 (0.7%;+0.7%); SSP No candidate (0.0%;-2.0) SNP gain from Conservative. Turnout 28.6% Last fought 2007. Stage 2 - elimination of Solidarity and Independent candidates SNP 885; Conservative 826; Lib Dem 708; Labour 529 Stage 3 - elimination of Labour candidate SNP 984; Conservative 873; Lib Dem 869 Stage 4 - elimination of Lib Dem candidate SNP 1258; Conservative 1122 SNP gain from Conservative. The ward now has 2 SNP and 1 Labour councillors.

In an Email today from the secretary of the United Nations Human Rights Committee it has been confirmed that Committee Members will be looking at John Hemming MP's submission about UK Childrens Social Services. John Hemming MP said, "It takes some time to work through different systems of administration. I am pleased that we now seem to making some progress at getting the United Nations to look at the way in which England and Wales recycle children. It is plainly wrong for England and Wales to continue doing things in this way. More of the abuses of process that occur in the Family Justice System are being highlighted now. However, what needs to happen is the recognition that the system is wrong. I therefore welcome the communication from Patrice Gillibert today that our submission will go through to the next stage." "I am still waiting for the High Court to decide whether or not I can start reporting malpractise to the authorities. It is wrong for judges to be...

One of the issues raised in the Sunday Telegraph today is that of covert tape recording. The recording of Video pictures with CCTV is covered by the Data Protection Act because it records someone's face. As far as I can tell a Public Authority is prevented from doing a covert tape recording unless it is done in accordance with the Regulation of Investigatory Powers Act 2000. However, as it is entirely reasonable to take notes of a conversation that someone has with another party then I cannot see that the privacy aspects of ECHR constrain recording the same conversation. The situation may be difficult for a situation where someone is "bugged". I know that Childrens Social Services don't like meetings being recorded. I think, however, that this is wrong and they should be willing to have recordings made. It is much like the Police and Criminal Evidence Act 1984 where tape recordings are used for interviews to ensure there is accuracy of evidence. I would think tha...

Quis custodiet ipsos custodies A proposal to take a newborn baby into care in Calderdale The first of the stories is important. It recognises that the people investigating the public family law system are those who do not wish to recognise errors in it because they are responsible for errors. What is actually needed is a review that looks at a wide range of cases and what is done in other countries. It is true that we cannot prevent all deaths. However, we should be looking at what is the better approach. Much that the current system causes a mass of misery for both children and parents (and the extended family) I contend that it actually fails to prevent the more serious cases of abuse that result in death - that could be prevented. In itself by making mothers and fathers frightened of the system we end up with support services that people are frightened of talking to. That is not good. The second story is one of many where the allegations of potential emotional abuse give rise t...

The link is to this story: A girl yob aged 14 who started a £1million blaze was locked up yesterday - to save her from her parents' bad influence. Although I am unsure how prison will be any better than living at home it was probably the right thing for the judge to do, much that this was more for punitive reasons than anything else. However, we do really need to identify what we are asking CSS to do. If we mix up too many tasks then we really get in a mess. This is where conflating S31 and S20 of the 1989 Childrens Act. When parents "lose control" of their children the local authority is supposed to step in. I am not sure, however, that I would be critical of the CSS in this instance. However, the focus at the moment is on baby broking. At the same time we have a Chief Constable talking about children being taken into care because they drink alcohol. Given the track record of "care" for aubstance abuse that does not seem a good idea. I do think, however, t...

The linked story I mention because superficially it does not seems to be a case where Childrens Social Services could have any effect. However, it is also not certain whether it is murder or another Shaken Baby Syndrome case. What worries me about these cases where young babies die from head injuries is that the science is really not clear. If we simply blame the parents each time the danger is that the proper research to identify children at risk and take the action to prevent subdural haematomae will not happen. Babies with glutaric aciduria fall into this category. However, on the hand it may be simply a tragic case where the father is guilty as charged. I am trying to get a proper study done as to the deaths of children on a proper cohort basis as that is the only way of really understanding things and preventing sad situations. A real FII case appears to have gone through in Scotland. The point about FII is that sometimes it happens, but it is a mistake to see it as the most ...

Aberdeen, Midstocket/Rose Mount Awaiting results Blaenau Gwent WCC, Blaina Ind 381 (36.;1 -11.4); Lab 315 (29.8; -22.7) Ind 310 (29.4; -18.1) No description 49 (4.6; -42.9) Majority 66. Turnout 29% Ind hold. Last fought 2004 Gloucestershire CC, Lansdown Park and Warden Hill Tory 2208 (52.3; -6.6), LD 1605 (38; +7.3), Lab 226 (5.4; +6.6), Green 184 (4.3; 7.3) Majority 603. Turnout 30% Con hold. Last fought 2005 Portsmouth UA, Fratton LD 1196 (58.6; +3); Con 496 (24.3; +1.5); Lab 144 (7.1; -5.3); English Democrats 131 (6.4; -2.1) Majority 700. Turnout 20.7% LD hold. Last fought 2007 Ryedale DC, Sheriff Hutton Con 348 (53.8; +2.5); Ind 299 (46.2; -2.5) Majority 49. Turnout 46.9% Con hold. Last fought 2007