Camilla Cavendish: Behind the Story
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I began writing about parents whose children were being removed by social workers after two chance meetings. One was with a couple who had taken their daughter to A&E with a leg injury, only to have both their children forcibly removed into care and returned only after a legal battle. The other was with a mother whose daughter had said that Daddy, who never lived with them, was touching her in bad places. A psychiatrist who never met them, and was not cross-examined in court, said that she had coached her daughter to lie. She was sent to live with a man her mother thinks is a paedophile.
As I spoke to more parents, patterns emerged which convinced me that these two cases were not aberrations. England and Wales are operating a secret state, where almost any discussion of your case is prevented to protect the “privacy of the child”. Where courts only need the word of an “expert” to remove your child. And where some social workers are jumping to wholly erroneous conclusions which tear families apart.
Court of Appeal judges played an important role. Judges such as Justice Judge, Ryder and McFarlane all chose to make public their scathing indictments of local authorities, social workers and/or expert witnesses in individual cases. They made it possible for me to write about those cases.
Sir Mark Potter presided over the High Court this summer, where The Times challenged some reporting restrictions in the case of a man who was jailed for helping his wife to help her son escape from foster care. Sir Mark, in a spirit of openness, released more documents to The Times than we had hoped for — documents that reinforce my belief that that case is a gross miscarriage of justice.
Sir Mark's call for the opening of the family courts to the media is significant. He believes that greater scrutiny will show that the courts generally work well. The argument I have always made is that we should put that to the test. I believe that some social services departments and experts are consistently seeing abuse, especially “emotional harm”, where there is none. And that some local authorities are flagrantly ignoring the legal requirement that there should be minimum intervention in family life. We cannot prove that until the courts are opened up.
There is a powerful lobby against openness, made up of those with a vested interest in avoiding scrutiny. Sir Mark's comments today will surely help to shift the power towards those who want to open up the secret state and let the public judge for themselves.
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All the reporting by Camilla Cavendish including her appearence on my nemesis 'Woman's Hour' last Thursday along with Geldof on Fathers over the past years and just how much has been achieved? Not alot I fear and is anything going to change under Jack Straw's watch? Is there enough votes in it !?!
Dave Farmer, Broxbourne, England
Those who defend the "secrecy" call it privacy because families do not want their private affairs aired in the media.Even if that were true how can it be justified to gag both parents and children concerned so they cannot expose details of unjust court procedures for the rest of their lives?
ian josephs, monte carlo, monaco
The only ones who resist openness are those living in fear of the truth seeing the light of day. It will be intersting to witness now, which social workers head off to pastures new, because they know now- the game is up. No more can they threaten in secret how the judge is their Rubberstamp.
Catherine Mills, London, UK
The problem is when they are proven to be at fault, you cannot find anyone within the system (eg local authourity, MP) who is willing to make someone provide you with answers. They close ranks and look after each other. If there is not any punishment they will continue to do this.
Steve, Wales, Wales
All we ask of you media professionals is, please, please, please infiltrate the Family Court system and expose it for the sham it is. The people of this country have a right to know what is going on.
Paul Bates, Luton, England
my ex's solicitor paid a spychiatric nurse to write a diagnosis for court about me, to stop me getting contact with my daughters, after two years and under cross examination by the judge the nurse admitted she wasnt qualified to write it, she got away without any punishment.
Terry Hunt, Worcester, England
A judge tossed a coin in court to decide how my son's allegation that he had been abused should be investigated. The judge would not have behaved in this disgraceful way if he knew that what he did could be reported in the press.
Secrecy protects court practitioners, not children.
Ray Barry, Wolverhampton, England
many social workers regard themselves as unaccountable, possessing "Impunity", the most amazing allegations accumulate on files,
the Secret Court judges uncritically accept their "evidence".
fred, sheffield ,
This is exactly why I don't bring my children up in the UK; a case of bad luck can end up with you losing your children.
I have 3 children, 2 of which are boisterous little boys who think they are stunt men, one malicious whisper to social services could be all it takes to lose them.
Sarah, Dubai, UAE
About time, some social workers think they are above the law, parents must have the right to appeal, and not be gagged.
So called British Justice.
Peter, Sot, UK