One of Researching Reform’s interests is judicial bias – the extent to which judges allow their personal sentiments to dictate the way they handle their cases – so the recent furore over Justice Pauffley’s remarks about hitting children and cultural norms fascinated us.
Judicial bias is a very real, and present problem. All of us are prone to bias, and research suggests that even judges are not immune, regardless of how bright or how well educated.
Last year, one of our favourite judges, Baroness Hale, observed that judges lead sheltered lives and that this could in turn jeopardise their ability to adjudicate impartially, and with the necessary kind of life experience.
Justice Pauffley’s remarks, in which she told the court that foreign families who hit their children should be made allowances for due to cultural norms, seem odd given that hitting a child is still not illegal, and applies to all families, both foreign and not, residing here. But bias is a varied and often unpredictable phenomenon and doesn’t always guarantee a linear pattern of thought. Justice Pauffley’s comments have always been direct and searingly honest – she has openly criticised the flaws inside the justice system and takes a no nonsense approach to poor professional practice. Her comment in this most recent case though, suggests a deep-seated attitude towards hitting children.
These sorts of difficulties are echoed in the slow nature in which family law judges have taken to trying to grasp the Voice of the Child. Many judges, despite having children of their own, seem completely at sea with children and unable to engage with them when it matters most – to help amplify their wishes and feelings, so they can be seen as well as heard. That children are still so misunderstood, or not understood at all in most cases, is testimony to the fact that our judicial system remains wanting.
It’s time for the Bar to select individuals who are experienced, plugged in and in touch with the world around them. And just as importantly, to find those who are passionate about children and helping to ensure the best possible outcomes for them. Better training too is needed for our current family law judges, so that they can learn to keep any biases in check and carry out their work in a professional and competent manner.
Justice Pauffley
No
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David you took the word out of my mouth! No!
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No. Dressing as a court jester means the service users cannot be expected to take them seriously either.
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Reblogged this on tummum's Blog.
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Reblogged this on The Story of my Twin Boys Oliver and Oscar Ferreira.
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Reblogged this on World4Justice : NOW! Lobby Forum..
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Time for the bar to select? And what about solicitors? They are eligible for selection as judges and are from a far more diverse range of backgrounds. This is an assumption that needs challenge.
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Reblogged this on Civil Rights in Family Law Florida and commented:
DivorceCorp has uploaded Family Law Report – Susan Settenbrino- Misconduct by Judges – Part 2
Family Law Report – Susan Settenbrino- Misconduct by Judges – Part 2
DivorceCorp
Joe Sorge interviews NYC attorney Susan Settenbrino about the damage done by biased and corrupt judges. In Part 2, judicial misconduct is discussed in depth. Consider registering for the family law reform conference this November: http://www.divorcecorp.com/reform-2/. People from around the country will be there to discuss how we can work together for meaningful change.
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Here in the UK it’s rare that Judges are thrown out despite them making decisions that are questionable at best and downright ludicrous at worse. They are out of touch with the common people and protect their own. They are devoid of common sense and they lack empathy!
I still laugh at Judge Beatrice Bolton who after she was found guilty of allowing her alsation dog to (repeatedly) bite her neighbour shouted out in court “F***king travesty!
She then claimed she was mentally ill! However she was not mentally ill when it came to passing judgement on others!
As she retired on medical grounds disciplinary proceedings against her were dropped! Mind you this was after a year on full pay and as no disciplinary proceeding were taken she would be entitled to her full pension!
This characterises just what happens when a judge becomes an obvious embarrassment, no disisplinary they just retire! That’s what’s wrong, no accountability!
http://www.theguardian.com/the-northerner/2012/Jan/10/judgebeatricebotlon-alsation
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Back in the 80s i was a landlady in North London to more then 30 odd tenants at all times and most of them were au-pairs for the rich and famous to include judges and lawyers, and all said the same that the people they worked for had very little to do with the up-bringing of their kids and that most kids were in bed by the time their parents got home from work and that there was just no interaction or love with the kids and parents, but then we know this from Cameron who forgot he left a kid in the pub.
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We should be more concerned about the realisation that not all solicitors, barristers and judges act within the law, allowing a focus on commercial prerogatives to colour their behaviour. Wake up Britain!
https://davidgaleuk.wordpress.com/2015/04/29/the-disgrace-of-our-judicial-system/
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Reblogged this on careleaverblog and commented:
My answer is No!!!
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They are eligible for selection as judges and are from a far more diverse range of backgrounds. This is an assumption that needs challenge.
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These points of opinions are very interesting,in case anyone has forgotten it takes two people to have a child….again no mentions of the father which is very sad as every child deserves to know where they came from..
again I will stress the importance
Of two parents being on the birth certificate once a DNA has been done as the father is often forgotten about and the mother can challenge this but not a father!! Please it’s 2017 ,we’re no longer in the dark ages,I’ve witnessed and seen things in a case that would make some people physically and emotionally sick. The lengths these people go to to get the rubber stamp. We’ve never been through family courts and local authorities,I raised my children by myself sadly,but I done it because I am there mother and love them unconditionally. In the last 23 months I have never had to know about family courts and adoptions/placements.(even though I thought of fostering a child many years ago,it wouldn’t have been fair on the child mainly. To cut a long story short we had a call out of the blue saying a baby would be born in a few hours told son not to attend hospital as the baby’s surviving was very poor (I had a baby 17 years ago,he died at birth and I had to bury him,something that I will never forget till my dying day)I didn’t want my son to have this memory,also said mum wasn’t cooperating.this was his first child the local authorities said she went to foster care at 3 hours old and settled we were confused…we were left dangling not days/weeks,but 3 months..3 months of hell.we finally met her at 3 months old,the most beautiful baby,big blue eyes starring up at the man in a uniform.we were told a hour contact,when dad asked when more contact with his baby as he wanted her home. The nursery was all done,everything had been ready nearly 4 months we panicked,thinking she would be home with dad and her family well before this. At 18 weeks old she sustained a head injury,her dad was crying asking what had happened why wasn’t he informed about this,hospital etc and the male foster carer said don’t worry dad all babies gets bumps and bruises..I couldn’t believe what I was hearing her dad said I’m taking her to hospital,they threatened if you leave the contact centre we will ring the police as its kidnapping?? How can it be kidnap when they denied her medical treatment he wants to take her to hospital….the hour soon went and she was taken home to foster care,made complaints went to children’s commissioner,police,MPs. A few days later he was told to get a solicitor if he wanted to challenge adoption,we asked why she was being adopted they said the plan was always adoption from when getting involved with the mum at 20 weeks gestation,he said nobody is adopting her she has me and my family she wouldn’t want for anything.we weren’t told anything,that was on the 19th week he was partied for first time (we had xmas and new year holidays and up in court 11/1/16,so less than 3 weeks,no papers to look at as everyone was off till 3/1/16…when he did have papers we seen they had already been to court 3 times after the birth,intrum care order,section 31,and placement order,we didn’t have a clue no calls no papers no conversation. We read further where they helped mum in hospital out of area(concealed the pregnancy…)we took everything from bags of nappies,clothes,vests,dresses,baby gros,coats,swing,car seat,monitors..the amount could have kitted most her age in the system.we didn’t want anyone to provide for her,he was never offered support or anything (that would have been more helpful,showing that rumours wasn’t true,we were blinded)over the months we tried revoking the order 8 times,we were refused. They said dad had a criminal record and we contacted the police and they contacted the local authorities telling the police at no time have ever said he’d been in trouble,warning NOTHING AT ALL NOT EVEN A COMPLAINT!!! Told January/June 2016 but never ever amended papers,in a lac review they kept referring to her as a baby boy and had to be reminded.(solicitors misrepresented dad and only acted 2 times for him before being sacked after the judge said option A,B,C nothing was to keep his baby all options were adoption..(we’ve had to buy transcripts of hearings) we could not believe how much paperwork was there…again in a viability assessment apparently DAD GAVE BIRTH TO 7 Children THE OLDEST ONE BEING A YEAR OLDER THAN HIMSELF… we now know these children to be looked after children by the local authorities,the mum was pregnant again by someone else at this time too…in this viability assessment they said how they assessed mum in Tesco car park and she wasn’t interested only by asking people for cigarettes,also I noticed my sons name was in these reports the one who died at child birth…apparently he was on the child protection register and my other 2 oldest weren’t,,how could he be in reports he died at birth 17 years ago but local authorities said this and was also allowed through the family court and crown.may 2016 baby sustained another another head injury all this was allowed too where again she was denied a GP,doctors and hospital!!! We said we were taking her after the foster carers went for me aggressively in contact in front of my granddaughter and son,begging them to stop shouting,he was physically escorted off the premises by S.i.B staff as they had opened new contact centres up where we live a English company.. the trainee was told of many things but failed to report them and the manager and social worker (they were removed off casebeing 5 removed in 8months) more lies submitted to family courts we challenged all and cafcass reports….I asked the judge to Debra down for allowing misleading and inaccurate information to be submitted to the family courts and crown,he refused and 1 minute and 10 seconds in £170 order he refused point blank..(takes more time to order a coffee,this is a child and dads life a family. An independent social worker came out the day before hearing and in her reports that would score dad!!!! Said because my children had never suffered abuse mainly sexual abuse he wouldn’t know when bathing her if he was abusing her,and if dad lifted her under her arms to put her to bed that could be sexual abuse. This was all in future harm mind…. nobody can predict the future they stamped all over him hoping the nastier the reports (these was on assumptions basis only what they thought might happen.trying to make him feel he wasn’t good enough using long words because he had dyslexia.(but he’d finished military training 5 months previously was A straight a student with high grades in school and college!!!! We asked police to arrest us as we couldn’t understand why they were taking her,police said because nothing has happened in the past/nothing happening now and certainly can’t predict the future…..so how were these reports allowed through a family court for goodness sake..yes I’m upset and angry because of lies submitted by so called professionals including the guardian..she was no angel and she has done many cases weve since found out of adoption with same legal reps as well.a trainee submitted the Test a section 47(5) when I thought they couldn’t sink any lower,he had to listen to reports even though the guardian had no idea the local authorities placed her with potential adopters Aug 2016,she should never have been placed she Told the judge:sorry sir I’ve only just heard today the baby has been placed this was 11 weeks after placement she said in her report how they had a meeting etc, when dad pointed out the report was lies the judge had a go at dad??? Trying to dress the story up and couldn’t justify it. (By this time they knew 303 errors had been made,sustained 3 injuries altogether denying her medical treatment,concealed the pregnancy,went to court without telling either parent and thought he was going to roll over and let this happen.weve lost our jobs,paid £7.000 pounds in legal fees…the test was set far to high, I helped him with confusing long words if he struggled. The section 47(5) is the forever loving family/HOME this is to be used as guild lines only if research done…. he had to listen how the new mummy and daddy loved his daughter so much and settling well in the new forever family,(it was brutal,no person should ever have to listen to this)how she loved her new brother who was adopted by the couple a few years previously,she was in a routine and went to the park twice a week and enjoyed playing and would be looking around for them… I can’t continue the rest I’m sorry it kills me to think about it,(please look it up on the national adoption website) word for word…. we are still fighting and told there is a case to answer she was stamped for adoption 6/3/17, dad is praying she will be returned,he’s said he don’t believe she’s with a family due to so many lies being allowed to be told and false statements..he had many questions to ask and witnesses but wasn’t allowed these were foster carers,police and professional people who the local authorities said they had spoken to but hadn’t. Dad also says he believes she’s jammed in the system with 400,000 children.when that baby was murdered this year that was the worst 3 hours waiting for a call back by police to confirm it wasn’t her same age she was taken across the country last year…we also found out she was transferred to another hospital and was there 5 days (we were told 3 hrs old she went to foster carers.) dad was also told to sterlize dummy in boiling water at family centre and the foster care parents put it in there mouths then her passing 100% germs. It’s one rule for them keep parents in the dark at all times and sadly the child doesn’t come first we had to work around there routines and could pick only a Tuesday or a Thursday for 1 HOUR CONTACT COSTING £40 in taxi and often returned in same one where baby wouldn’t be at contact centre.no history on the mothers side was ever looked up,as mum threatened to abduct her this wasn’t reported until we rang after 48 hours and the reason they knew where the foster parents lived was because,,,5 children belonged to one auntie who had been adopted after birth including twins,one child out of 5 was won back in a successful hearing 7th child because born with lung problems hasn’t even darkened the path….dad was warned if he had more children in future they would be taken,this has put him of children for life if I’m honest and only wants his daughter home safe with him.its heartbreaking watching a broken man not knowing how you can help fighting lies and tearing families apart,he tried keeping mums new baby (number 2,by different dad together)we were told to let her go as we would loose the case.. what a dreadful thing to have to do but you can’t put a price on a child’s life,there’s no room for error and mistakes this is a child not a piece of meat or land. She went for adoption soon after birth,waiting for mum to give birth to baby number 3. We will never believe in exepsional circumstances ever,that public apology ment nothing only difference is the year,at no time did he have shared PR IF HE DID HE COULD HAVE GOTTEN HER TREATMENT FOR INJURIES AND WHERE HER HAIR WASNT GROWING PROPERLY LAYING DOWN FOR LONG PERIODS OF TIME.,,the nursery remains as it was all her stuff remains.we can’t bring ourselves to donate it all, its far to small for her even though clothing are up to 2 years everything is bnwt,bnib.weve had social workers telling us outside councils that they dint do all those years of training for it to be like this,also we can’t say all social work are the same because some are genuine people who work with families but also said there removing children for all the wrong reasons. Something has to change for the children’s sake,it’s going to be in 10 years maybe where siblings are not going to know if there related then that will be a enormous problem then.
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No not really not in our experience so far very far from it.havent got a clue and to have a magistrate judge in a family court also is definitely not right as passes sentencing to criminal need I say anymore please…
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I’m a maternal grandparent of a wonderful little girl. Her mama my daughter passed away December 19 2017. And someone who said they were helping took my granddaughter out of my home and went to a family court judge and made horrific false allocations against me. This judge gave temp emergency Gaurdianship to a heartless person
I went to court with proof she was lying and he still let her be taken.
Laws need to change and judge’s need be held accountable
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I’m so sorry. It’s not any consolation, however this is happening nationwide to families, you are not alone.
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