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'It must never happen again': Appeal judge slams 'cut and paste' decision in family court which led to social workers taking baby from parents unjustly
Judges and social workers have been conspiring to remove children unjustly from their parents, scathing High Court ruling said today
Condemned family court judges for 'clandestine arrangement' in which they rubber-stamped the demands of social workers without fair hearing
By Steve Doughty
PUBLISHED: 18:06, 18 February 2014 | UPDATED: 19:16, 18 February 2014
Judges and social workers have been conspiring to remove children unjustly from their parents, a scathing High Court ruling said today.
It condemned family court judges for a ‘clandestine arrangement’ which meant that they simply rubber-stamped the demands of social workers without giving a fair hearing to the pleas of parents.
Rulings by family judges were ‘cut and pasted’ from recommendations emailed to the court by social workers, the High Court found.
The secret dealings between council officials and local judges were revealed in a High Court appeal in which Mrs Justice Pauffley ordered that a mother be re-united with her baby.
The baby was taken by social workers following a court case described by Mrs Justice Pauffley as ‘profoundly alarming’.
The High Court judge warned that ‘the practices I have described are not confined to this area but are widespread across the country'.
She said of the case, which involved judges at an unnamed family court and social workers employed by an unnamed council: ‘It is difficult to view the justices as having been independent and impartial if, as happened here, they simply adopted the local authority’s analysis of what their findings and reasons might comprise.
‘Just because there may be tacit acceptance on the part of many professionals within the family justice system that the practice which operated here exists, that does not mean it is right.
‘It is patently wrong, must stop at once and never happen again.’
The order to end collusion between judges and social workers was endorsed yesterday by the most senior family judge, President of the Family Division Sir James Munby.
In a circular to lawyers, Sir James warned all judges and lawyers to ‘carefully consider’ the case and added that Mrs Justice Pauffley ‘had to deal with circumstances which I hope will never recur.’ The scandal over secret deals between judges and social workers is the latest upheaval in a year of growing controversy over the family courts, the closely-associated Court of Protection, and the way the public has been routinely prevented from knowing what goes on in them.
Last year the Daily Mail revealed that a judge at the Court of Protection had sent a woman to jail in secret after she refused to stop trying to remove her father from a care home where she believed his life was in danger. All information about the imprisonment of Wanda Maddocks was banned from publication until the Mail investigated the case.
In December the Court of Protection was discovered to have ordered behind closed doors that a pregnant Italian woman must undergo a compulsory caesarean operation. The mother, Alessandra Pacchieri, was later told by a family court judge, again in secret, that her baby would be taken for adoption in Essex.
The order to end collusion between judges and social workers was endorsed yesterday by the most senior family judge, President of the Family Division Sir James Munby
The secrecy surrounding the two court systems is now being loosened on the instructions of Sir James, who has acted to prevent both clandestine imprisonment and the removal of children from foreign mothers by British judges.
The exposure of private arrangements between family judges and social workers was exposed following an appeal by a mother whose child was taken into care.
The 32-year-old mother, a longstanding drug and drink abuser with a history of domestic violence, had had seven previous children. Six are living with their two fathers and one is in the process of being adopted. When she became pregnant again, she was given a place in a unit run by a specialist family drugs and alcohol service.
Mrs Justice Pauffley said it was ‘plain’ that social workers took a decision in advance to remove her baby, who was born in October last year. They cited the mother’s bleak history.
Family judges first heard the case on 1 November. They were presented with an expert report on the mother, commissioned by social workers and prepared by chartered clinical psychologist Dr Celest Van Rooyen. The psychologist, who also gave ‘very strong and powerful’ evidence in person, said the baby was at risk of harm.
The judges declared that ‘the immediate risk of harm is such that his safety requires the continuing removal from his mother’s care. It is proportionate and in his best interests.’ At a second hearing a week later, the same judges said the baby should stay with foster parents because ‘he needs to form an attachment with his primary carers.’ Mrs Justice Pauffley criticised the handling of the case in blunt and uncompromising language.
She said the Van Rooyen report on the mother had been researched and written in a day and the psychologist had spoken neither to the mother nor the medical and psychological experts with whom she and the baby were living. Instead, Dr Van Rooyen had relied on documents and a phone call to a social worker.
Mrs Justice Pauffley said: ‘It surprises and alarms me that Dr Van Rooyen was asked, and was prepared, to provide a report during the course of a single working day, a terrifyingly tight timeframe, and on the basis of papers supplemented by a telephone conversation with a local authority professional who had never met the mother.
‘I struggle to understand how Dr Van Rooyen’s apparently firm opinions, adverse to the mother, could have been formed given the complete absence of any kind of discussion with her.’ The High court judge said the family court judges had not written their own ‘findings of fact and reasons’ - their ruling in the case. The entire document had instead been emailed to them by lawyers for the local council before the 1 November hearing.
John Hemming, the Lib Dem MP who has campaigned against secrecy in the family courts, said: 'I am pleased that the senior judges are acting to stop stitch ups and "clandestine" fixing of decisions in the lower courts'
A near-identical document was drawn up by the judges after the second hearing. Mrs Justice Pauffley said this was ‘the result, almost certainly of cutting and pasting.’ Mrs Justice Pauffley said this practice ‘has become the norm’ in local family courts.
She said she was ‘profoundly alarmed’ at the practice, which was widespread.
‘There was, apparently, an established but largely clandestine arrangement between the local authority and the court which, to my mind, has considerable repercussions for justice.’ Mrs Justice Pauffley added: ‘In public law proceedings the local authority is the applicant. It is not and should never be seen as the decision maker. That is the role of the court.
‘There is no room for confusion. Justice must be upheld. There is no scope for dilution of that fundamental concept.’
John Hemming, the Lib Dem MP who has campaigned against secrecy in the family courts, said: ‘I am pleased that the senior judges are acting to stop stitch ups and “clandestine” fixing of decisions in the lower courts.
‘What really matters, however, is getting independent evidence into the process rather than the opinion of local authority employees who are instructed in what to say by their management, who are instructed by government as to what outcomes they want.’
What is and who is behind the Family Law Reform Group?
The Family Law Reform Group, as the name suggests, is a group specifically set up to campaign for UK family law reform. It is the brainchild of David Mortimer. David, a father who has been through the family court process and suffered many of the pitfalls and injustices of an outmoded legal system, has long campaigned for changes in family law to achieve justice for all, and in the hope and expectation that his sons’ sons and other fathers’ sons will never have to endure what he or they have done. That is the ethos of this Group – to build a better future for our children.
I became acquainted with David a number of years ago through a mutual contact while researching for the first edition of my legal handbook Fathers Matter. During this time I have observed his determination, perseverance and tenacity in bringing difficult and highly controversial family issues to the foreground, even though on numerous occasions it has brought him into conflict with those in a position of authority. Although David instigated the formation of the Group, he makes it very clear that he is just one part of it and the Group depends on the input of all its members to bring about radical reform which is its ultimate goal . The Group also provides support and information to anyone who needs it.
Celia Conrad, former specialist family lawyer and author of Fathers Matter.