Rosemary Bennett, Social Affairs Correspondent
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Details of private family court proceedings that led to a mother fleeing the country with her son after he was placed in foster care have been disclosed after legal action by The Times.
The highly unusual ruling allows the publication of undisclosed details of the case. The boy’s stepfather was sent to prison for 16 months for helping the mother to remove him from care and flee abroad.
She has since had another baby, the couple’s first child. The stepfather has been released from prison but is forbidden to contact his wife.
The Times fought to publish more information after an outcry from readers when the case was reported by Camilla Cavendish . She highlighted the perceived secrecy of family courts and the lack of scrutiny of social workers, who have sweeping powers to remove children from their parents. Times readers were particularly outraged that the stepfather served a longer sentence than many muggers.
Sir Mark Potter, the President of the Family Division, dismissed Medway Council’s argument that it should not be named publicly in case it led to identification of the child, known as S. With more than 300 children in local authority care in the Kent borough, he said that this was unlikely.
The judge accepted that there was considerable public interest and that reporting a fuller story would “enable the public to form its own view whether the actions of the [Medway] council or the decisions of the court to date have been fairly characterised”.
His summary of the care proceedings provides an insight into the secretive family courts, where decisions to remove children from their parents’ care are made every day. The Times can report for the first time that social workers became involved shortly before the mother and father split up. In the ensuing care proceedings the mother made claims of domestic violence that were “heavily disputed” by the father. The judge found that, while the mother had exaggerated many claims, the father had on occasion acted “in an aggressive and intimidating manner, which placed S at risk of harm”. The mother was found to have a “tendency to play the role of victim”.
Judge Cox, the family court judge, concluded that S was “suffering emotional harm due to the conflict between the parents”. She ordered that S be taken into foster care until matters improved. There were also concerns about living conditions, with the family home described as “like a building site”. At a later hearing the judge said that she was troubled that S was keeping secrets with his mother, who was manipulative.
In a final care order the court ruled that the boy would stay in foster care and his mother was given a list of conditions to meet before he could be returned. These included weekly counselling, a move to secure accommodation and a settled lifestyle. She was also not allowed to discuss with her son the possibility of his returning to her care without social workers’ permission. Contact with her son would be reviewed and would depend on her “promotion” of his foster placement. She also had to cooperate with “counselling with S concerning the father’s gender identity issues”.
A final hearing on the case was due to take place last October. A social workers’ report said that there had been no significant improvement in the mother’s “insight/approach” towards S. Although the mother had moved house and remarried, the social workers noted that she was still challenging the care proceedings: “Significant improvements are not possible while the mother continues to be of the opinion that much of the previous judgments has been wrong or exaggerated,” they wrote.
They concluded that adoption would give S “the best possible opportunity for permanency”.
At 4am on September 11 last year, the mother, assisted by M, her new husband, took the child from his foster home and drove to France. When M returned two days later he was arrested and charged with abduction.
John Hemming, a Liberal Democrat MP campaigning for more openness in family courts, said: “I am pleased that Sir Mark has recognised the public interest in people understanding that the reasonings of the family court outweighs the need for the activities of practitioners to be kept secret.”
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Breaches of human rights / children's rights happen all the time. Freedom of speech is the only protection in these situations. Gagging orders are, effectively, preventing breaches of human rights from being publicised and put right. What kind of a democracy is that?
Kim Domnick, Torquay, UK
There is a lively debate going on at theWoman's Hour message board about Camilla Cavendish and Fatherhood it is a little like fighting fire with fire but maybe one day some one will take notice!
Dave Farmer, Broxbourne, England
What we are not told is what steps, if any, social workers took to help and support this mother without necessitating removal of the child from her care and is the legal requirement in such circumstances. Social work has become a social policing agency rather than a family welfare and support agency
Charles Pragnell, Melbourne, Australia
The decisions in my case were literally rubberstamped by a judge and I was denied a right to a contested hearing to make representations and challenge the parties therefore it is wilful ignorance to state other wise without insight into all cases
Julie Ann Cipriani, Wigan, Lancs
The Appeal courts ruled in their judgment that the care order and section 34 order was granted by default when I was denied a voice in the care proceedings and defrauded of my three children without any justifiable reason .I was the victim of domestic violence and I have all the documentary evidence
Julie Ann Cipriani, Wigan, Lancs
The guardian is far from independent! The one on my case was a social worker for the same borough involved in these proceedings in which i am the survivor of domestic violence
Julie Ann Cipriani, Wigan, Lancs
These courts hold secret meetings - it is in these meetings that the families fate is decided, NOT in the courtroom. It is an absolute scandal and must stop right now.
Barbara , Staffordshire, England
Social workers do not make 'sweeping decisions' about removing children. All decisions are ultimately made by a judge after hearing representations not only from the social workers and their solicitors, but also the parents and their respective solcitiors as well as an independent guardian.
Sarah, manchester,
Well done indeed on (somewhat) improving the secrecy issue.
As stated social workers have "sweeping powers." There is very little supervision of how they remove kids.
This case also shows how a parent is not permitted to even say they disagree.
This is like the Inquisition.
Shan Morgain, Newport Wales, UK
It Seems obvious that the mother loved her child very much and had taken some steps to improve her circumstances.This should be enough for the courts and social services to give her a second chance. The fact that she obviously hates the social services and the Courts shouldn't enter into it.
Nick, Brisbane, Australia
It is the gagging order which causes enormous psychological damage to parents
I had to have my jaws manipulated open,after 14 yrs silence.
The specialist was shocked when I explained why I was in such a state.
Barbaric and Draconian were the words he used.
I am a crocodile now who speaks out
Lady Portia, London, UK
These courts operate in an enviroment of incompitence so the secrecy laws work for them in hiding this fact trouble is this also includes lawyers socialworkers and often thepolice.They are all quilty of this conspiracy of silence, and there is no course for redress as the complaint is just dismissed
Dave Farmer, Broxbourne, England
Times readers seem to be of the attitude that social workers are tyrannical dictators, desperate to take away our children at every oppurtunity. Judges take social worker's views into account and make their decision. In this case that decision seems very justified, to prevent "emotional harm" to S.
Lewis MacDonald, Nottingham,
This is the power social workers have. The family court judges do NOT DECIDE, they let their so called experts decide and they merely 'RUBBER STAMP' the decisions. I say this from first hand experience and I won't be surprised if I my family is in this situation due to CAFCASS!!!
Janeja, Loughborough,
It is great that the judgement has been published but there is still a question for me as to whose opinions on 'S' needs were accepted as fact by the the Judge. Of course an acrimonious divorce is very bad for a child but care proceedings and talk of adoption is surely much more harmful.
LM, Merseyside,
I think the whole civil court system need to be overhauled and this might be a good start. I would have a problem if i had a child taken with out very good reason and being open means the reasons had better be good and valid.
Nicola Clubb, Bournemouth, UK
And if she had not challenged the judgements social workers would of accused her of haveing no interest in her childs upbringing. Catch 22. The basic theory is ,social workers are always right,parents views are always wrong ; and they answer to no one . 1984 for kids and parents.
roscoe, Luton,Beds.., england
Well done indeed on (somewhat) improving the secrecy issue.
As stated social workers have "sweeping powers." There is very little supervision of how they remove kids.
This case also shows how a parent is not permitted to disagree.
This is like the Inquisition.
Shan Morgain, Newport Wales, UK
Judges frequently rubberstamp whatever SS says. SW's are free to "manage information to their advantage" and when they are caught, they are placed on medical leave so they can't testify in court. Rather than investigate the impropriety, another SW is put in place to start the charade over again.
Lynn, USA,
How can the reader come to a balanced judgment when press stories (both the Daily Mail and The Times) took the mother's side and did not disclose the parts unfavourable to her? (Particularly the conclusions of the assessment team at points f and g in para 19 of the judgment)
David Boothroyd, London, UK
The council wanted to keep the first child, and take her second child, even though mum was happily married to another man.
This father was an innocent man.
His unborn child was to be taken, for the violence of another man.
Can anyone please explain why innocent men are losing their children??
Sally Ann Cooke, Newport, South Wales
What is to be done? I hope someone is going to punish them? Are the social workers & councillors to be named? Arrested? Jailed? Preferably raped, beaten & tortured whilst in jail? Set fire to the Medway council building? If not, why?
John R, glasgow,
It is not the secrecy (privacy?) that matters so much as the GAGGING OF PARENTS ! A parent whose child has been taken should NEVER be gagged but should be free to reveal all details of injustice not sent to pris Outrageously a mother in the above case was forbidden to discuss it with her own son.
ian josephs, monte carlo monaco,