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There is very good reason to believe that the system is doing the opposite of what it ought to. Instead of helping to keep families together, it is breaking them apart, often for trivial reasons. Fundamental reform is a desperately urgent priority. There are three steps which would could be take immediately.

First: Lift the veil of secrecy. There is no area of government, or indeed of professional activity of any kind, which functions better when officials know that what they do will escape public inspection. It is inconceivable that the quality of decision-making too often characteristic of the family courts would be tolerated in the criminal courts. The only explanation for the difference is that the criminal courts are public: incompetence and errors are made public immediately. In the family courts, it is almost impossible even to identify, let alone to rectify, poor or incompetent decision-making. Of course children need to be protected from publicity. But it is not impossible to devise a system which combines publicity for the procedures and the bare facts of the case with anonymity for the children involved. It works in rape trials, where the identity of the victim is kept secret even though the facts of the case are made public.

Second: Produce a clear definition of critical notions such as “the best interests of the child” and “harm to the child”. The ambiguity and vagueness of those notions has led to their being deprived of all concrete meaning, which has in turn led to a situation in which it is impossible for the courts to assess claims that “a child will be harmed” if allowed to remain with his parents. Moreover, social services, and courts, rarely seem to recognise that placing a child in local authority care is usually in itself extremely harmful. That harm is consequently never weighed against whatever harm is alleged to result from allowing the child to remain with his or her parents. The assumption is that local authority care will be better than parental care: in fact, that is almost never true. Parental care has to be abysmally awful for local authority care to be a less harmful alternative.

Third: Induce a sense of scepticism in judges as to the reliability of claims made by social services and the experts they produce. Mr Justice McFarlane manifested an admirable and wholly appropriate scepticism in his review of the EPO in the case discussed above. But as that case reveals, many of those on the bench are unwarrantedly credulous of social services’ claims, rather than healthily sceptical. They are too willing simply to endorse, rather than to scrutinise, them.

None of these initial steps would be difficult to implement. The depressing thing is that all of them have been recommended in the past — and the Government has never acted on them. What will it take to produce the recognition that reform is essential? The possibility that thousands of children are taken wrongly from their parents every year is clearly not enough. I wonder what is.

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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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