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“Significant harm” has come to mean more or less whatever social workers want it to mean. For example, “significant harm” now includes “emotional abuse”. Although “emotional abuse” is defined in Government guidance as “the persistent emotional ill treatment of a child such as to cause severe and persistent effects on the child’s emotional development”, it is left vague as to what sorts of treatment will cause such “severe and persistent effects”. Social workers and psychologists have interpreted “emotional abuse” so widely that it now includes everything from being too indulgent with a child to not being indulgent enough, from moving your body in the “wrong” way in front of your children to feeding them too many grapes (each of these examples is from reports by social workers alleging that parents were guilty of “emotional abuse”). It is not even necessary to show that a child has been damaged in any way at all. All that is necessary is the claim that, at some point in the future, the child might suffer emotional damage — a claim which is of course impossible for any parent to disprove.

But surely, you object, the courts will not uphold a local authority’s claim to take a child from its parents on so flimsy a basis as “emotional abuse”? Yet that is exactly what many of them do. More children were placed on the “at risk” register on grounds of suspected “emotional abuse” than for any other possible harm except “neglect” — a category which at least is capable of reasonably objective definition. Being placed on the “at risk” register is the first stage to being taken into care. And although the statistics are not available (they are secret or not kept at all), it is a good bet that far more children are being taken into care because they are judged to be subjects of “emotional abuse” than because they are thought to be the victims of physical or sexual abuse.

Judges are almost never in a position to challenge the claims of social service officials that a child is being “significantly harmed” by his or her biological parents. The legislation leaves it up to social workers, and the “experts” they can get to support their claims, to provide the definition of what “significant harm” amounts to. Such allegations are not tested in court, for the simple reason that there is no procedure available to test them. If there were, the family courts would grind to a halt: it would take days of evidence to get through the many hundreds of pages that social services submit in support of their claims.

So allegations from social workers that a child is being emotionally abused are usually just accepted as fact by the family courts. I have met some parents who have been victims of this process, and read the judgments which led to their losing their children (committing a criminal offence as I did so). It is a profoundly shocking ­experience.

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Anonymous
November 14th, 2008
7:11 PM
Kent County Council uk has a mandatory policy 'all children aged under 10 must have aFGC(family group conference) prior to care proceedings - so why is this not happening and why are children of adoptable ages not being placed with family members first ? because they do not support gtandparents or family members with the same allowances as their fostercarers and want the children for adoption - 21 million pounds in ONE YEAR!!!

carol
July 7th, 2008
11:07 PM
i have just read your article which is sounding earily familiar i am a recovering alcoholic with 2 children 11 and 5 and am presently fighting an ongoing battle with social services whom despite stating i am a wonderful mother confirmed by their school, gp, health visitor and other proffesionals etc my children are suffering emotional abuse because i have been truthful and cannot say i will not touch another drink ever again.because of this they want my children to remain on the at risk register for ever and the only stress or emotional abuse that myself and my children have in our lives is them intruding into every aspect of our lives any advice would greatly received

Lady Portia
June 6th, 2008
11:06 AM
Best Interest of the Child was Hitler's slogan. Some social workers steal babies to order. Druggie babies are not wanted but cute healthy ones are.

Lady Portia
June 6th, 2008
11:06 AM
I was in similar situation in Ireland- and UK trained social worker announced he could find no reason to remove children- but that he had to prove to me - HE HAD THE POWER- so he would make me homeless, remove children and arrange electric shock therapy - as children were too strong willed and too intelligent. That is how crazy the system is. I now deal with many cases- some children removed with NO care order, some removed even when Justice Judge said NO. The judges have no power and SS are a law onto themselves. If you check them psychologically- you will find many have unresolvd inner issues of their own. 55% of social workers were abused as children- so cognitive projection is rife. I called Strasbourg today and there are sack fulls of cases sent there from UK recently. The one case I was dealing with was held up because the judge refused to give judgement on paper - so case was delayed. It is only when the press help us out that we bring justice to innocent people. Justice has to be seen, to be done

Shaun O'Connell
June 6th, 2008
8:06 AM
Whilst agreeing with the article generally, what the author fails t mention or may not be aware of are the follwoing issues; 1. Decisions in the High Court (sometimes) and very often in the Court of Appeal are made by case lawyers before the hearing in a document called a bench memorandum. Every case a case lawyer in the Court of Appeal and the bench memorandum is an advisory opnion for permission to Appeal. The Judges refuse to disclose it when requested and it means many Judges do not veen look at the case papers. 2. Whilst the occasional injustice may get reported (with the permission of the Judges) we have seen many cases of injustice rubber stamped by the same Judges who like t make themsleves seen as being fair by giving out one high profile case and then secretly stuffing further 500 cases. 3. If one tries to question or challenge methodlogy of Social workers, Court reporters, and experts often the Judge will protect the person concerned even intervening and answering the question themsleves! 4. Men and women can be victims of injustices but the children always suffer. For more information see www.familieslink.co.uk, www.elc.org.uk and www.aliance4justice.eu

Bill
June 2nd, 2008
10:06 PM
Good article. We don't want the situation as described by Tina in her comment, but the current situation cannot be allowed to continue. That social services and the courts do plenty of good work is not in doubt, but the issues raised in this article are real. This is sometime the government should be addressing urgently. This is not a party political issue, just a matter of needing good government to act in the best interests of children, parents and justice.

ThomasR
June 2nd, 2008
6:06 PM
Splendid article, thank you. Lifting that veil is vital. I don't think it is feasible to determine any person's best interests. Only the child in question could hope to do that. So this business will only be resolved when we decide instead to determine what a child's _wishes_ are. Although difficult, advice and assistance could be given, and opportunities created for him to change his mind later on. Of course this implies that we have to take children seriously, which is fundamental shift from where we are now.

Tina Trent
May 30th, 2008
5:05 PM
I cannot speak to the British system. However, in the States, every parent, no matter how despicably abusive (with some exceptions involving criminal incarceration), is given numerous chances to appeal every step in the process of determining "fitness." Money is no object because taxpayers must provide these negligent and abusive parents with representation. Consequently, children and the foster parents who wish to adopt them are routinely subjected to years of uncertainty and fear, no matter how severe or chronic or obvious the abuse delivered by the biological parent(s). I wonder that the author here has left out even passing acknowledgment that children are removed from homes because they are, in fact, endangered and abused. Operating from the viewpoint that all cases of removal are equally suspect and eliding custody cases arising from divorce with abuse cases doesn't create a compelling critique. But even in the case that the British system is indeed as skewed as the author suggests here, be very careful what you wish for.

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