Case study: Alice Fishburn
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They put the Christmas decorations up a couple of days ago but no one in the Smith family feels much like celebrating. Despite the tinsel over their sons’ photographs, there are no excited children racing around the flat. Instead, Patrick, 6, and Donald, 2 – not their real names – will spend the holiday in foster care.
It started two years ago with a nosebleed. Robert Smith wiped his stepson Patrick’s nose and took him to school. A teacher spotted some dried blood, and asked Patrick what had happened. “Robert,” he said, and made a wiping motion. She went to social services, who called the police. That afternoon Mr Smith was arrested for assault and had to move out of the flat.
“We thought, it will all get sorted and go away. We knew we’d done nothing wrong,” he said. A criminal court threw out the charges after the prosecution admitted that it had no evidence. But social services would not let Mr Smith move back home. Stacks of legal paper under the Christmas tree chronicle the Smiths’ struggle in the family courts, where the case is still being heard.
Because reporters have been unable to cover such proceedings, their story would have remained untold had Mr Smith’s parents not read about The Times’s campaign and contacted the paper. Even so, The Times is unable to report details of the case against them.
For several months, Mr Smith could see Donald only twice a week under supervision. Social services did provide some help, and last spring the Smiths were reunited in an assessment centre. They thought everything was going well. But after eight weeks the children were taken into foster care because the parents showed “inconsistent emotional warmth”. The Smiths now see their sons for three supervised hour-long visits a week. The worst days are the ones in between. “You want to press fast forward on the world for the day,” Mr Smith said.
His parents have submitted a complaint about the way that social services have handled the proceedings. They also welcome greater transparency in the system: “If we were all allowed to put this in the paper from day one, social services could look more closely at what was going on in each case.”
For their family, time is running out. A preadoption hearing will take place in the spring. A tea towel pinned up on the kitchen wall spells out an encouraging “Don’t Quit”. The Smiths find it increasingly hard, however. “Life has been on hold for the last two years. The tape is paused,” Mr Smith said.
They hope that Mr Straw’s proposals will wind it on enough for them: “This is a step in the right direction, certainly. But everything starts slow. It always has to.”
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Only families who have expereinced the family courts where judges rubberstamp SS wishes could believe or understand what IS happening.
Until the courts are open and so-called professionals made accountable for their actions nothing will stop them from continuing to destroy families who seek help
Hope, uk,
Matt and Lorna,
Quite clearly neither of you have any awareness of bureaucracy and the mindset it creates in many of its participants. History is full of egotistical bureaucrats who abuse their positions of power. Do you think Social Services is any different? My heart goes out to victims of SS.
Jean Paul, Lethbridge, Canada
Lorna,
you are obviously unaware of the alleged cases of ritualistic satanic abuse that saw may homes broken up for a very long time until it was proven there was no case to answer
There's plenty of other examples so your glib response is quite insulting to those that suffer from SS incompetence
Ged, London,
dav oldham that is why we are fighting so hard we have to bring the case to public attention, since we began the fight we have found we are just one of many, for help do a web search for Justice for Families & contact them they have helped us. NEVER GIVE UP THE FIGHT & don't let the SS wear you down
Kim, Weymouth, UK
what about the families that don't get media coverage?!
dav p, oldham, uk
Why are children removed from a good family because of a nose bleed (or smacked because they ran across the road), but when a baby is beaten over many months and then dies, nothing happens. It seems to me that social services are focusing their efforts in the wrong direction, they make me sick.
Michelle, Bristol,
Quite clearly there is more to this than meets the eye. It is ridiculous to state that Social Services are removing a child from a family because of a nose-bleed and that on that basis they have managed to convince the legal system that it should go along with them.
Matt, Manchester, UK
Oh dear, once again the Social Services appear to have made a monumental error. Given their inability to come to the right decision in any case am I the only one thinking that children and families would be better protected if the so called child protection part of this institution was dismantled?
Martin, Hemel Hempstead, England
Do you REALLY believe that social workers and the judicial system would consider taking two boys away from competent and loving parents and putting them up for adoption because a two-year-old made a gesture that was open to more than one interpretation? We are not being told the full story here.
Lorna, Birmingham, England
I hope Straw's law, allowing everything more "open" and allow the media into the courts, which comes out in April, will not be too late for the Smith's. I have long thought that there are too many victims in these cases and they are not just the children! The social services should be under scrutiny
geraldine, lincoln,
Even after the prosecution admitted that it had no evidence this still happened to the Smiths. This is indeed frightening. How many other similar victims are there in the country whose stories must go unreported?
How do you show "emotional warmth" if you know social workers are watching you?
Des, Edinburgh,
Who is to say it is Helen? Point is, give these parents the right to defend themselves and SS the right to comment. That way justice will be done properly. As a nation we abolished the death sentance due to any mistakes being too grave in consequence. Losing your children is a living death sentance
Tally Milliat, Doncaster, South Yorkshire
There must be a safeguard of scrutiny otherwise, mad, bad, incompetent or just plain wrong-in-the-case-at-hand "experts" and "case workers" will lead judges to evil conclusions of commission and omission. No one should believe or trust a social worker without corroboration. Scrutiny please.
AG, London, United Kingdom
Look at the quality of the people making these judgements and wonder just how wrong it is for such matters to be dealt with in the darkness. Of course the children need protection and love but get on the wrong side of the system and parents find themselves in a Kafkaesque world. Keep up good work.
JR, Llandeilo,
We can never get the balance right. So it comes down to one question: is it better that we occasionally get a tragedy like "Baby P" from cases that get overlooked, or we regularly get hundreds of innocent families bullied and torn apart by paranoid and overzealous social workers?
David, Newcastle, U.K.
The criminal law threw out the case, no proof. How can you do this to a family with no proof what so ever. As usual social services have got it wrong but won't back down, and in the mean time is destroying a family.
Kris, Swansea,
Same problem here. Social service is the English word for Gestapo.
Tom, Leeper, USA
This is what is scary about the post Baby P. era, social workers being too vigilant ending up in decent parents losing their children through over-reaction. It is a fine balance and we need to make sure to get it right without overtures, for the good of the children AND the parents.
Alex K, Manchester, UK
So, who's to say that 'just a nosebleed' isn't the last straw in a huge case file on this couple? And how do we know that this isn't just another Baby P that has been stopped, thanks to vigilant social workers? Does everyone now understand how difficult it is to see inside family life?
Helen, Grays, Scotland