A Twitter poll carried out by this site has found that 91% of parents going through family law proceedings have been bullied by judges during their cases.
The poll was created in conjunction with our campaign to ensure that families are treated fairly and with respect during the life of their cases. Since launching the campaign we have received hundreds of messages from families saying they were abused by judges during their cases and offering details of their experiences.
The shock revelation comes after barristers complained last month that they were being bullied by judges during court hearings. The Bar Council immediately acknowledged the problem and issued guidance offering lawyers protections against bullying by judges in court.
Researching Reform is now calling on the President of the Family Division to do the same for children, parents and families in child welfare cases.
Our call follows a ruling by the Court of Appeal in February, which found a judge guilty of bullying a mother into accepting care orders for her children. The orders were set aside, however the judge did not face any disciplinary action for her conduct.
These are the most common complaints we received about judges bullying families in court:
- Belittling, humiliating and abusive comments to children and family members
- Behaviour that causes fear or terror
- Demeaning comments about a disabled parent’s disability
- Laughing at a parent’s question
- Cutting off and silencing parents and their solicitors as they try to make a point
- Unreasonable demands in court orders which a “good-enough” parent would not be able to comply with
- Constant criticism of a parent or family member
- Personal abuse for being unable to afford legal representation
- Being bullied into accepting orders
- Threats to remove children from parents before the hearing begins
- Explicitly favouring one parent over another
- Prejudging a case before it has concluded and bullying families into submission
Complaining about being bullied by a judge is almost impossible for parents and families going through family court proceedings.
The Judicial Conduct Investigations Office (JCIO) has been set up for complaints about the personal conduct of judicial office holders, however it does not accept all complaints about conduct which amounts to bullying.
While the JCIO can look into the use of racist, sexist or offensive language; falling asleep in court; social media abuse and incidents where judges misuse their status for personal gain, the list does not include a clearly defined set of behaviours for bullying.
Furthermore, the list of items the office will not investigate includes conduct which could be defined as judicial bullying in certain contexts. And the list of what the JCIO can’t investigate is long. Very long:
- A judge’s decision or order
- Bias in a judge’s decision-making
- A judge allowing one party to speak for longer than another
- A judge refusing to allow a witness to give evidence or admit certain documents
- A judge appearing to react more favourably to one person’s evidence than another’s
- A judge saying that he or she does not believe a person’s evidence, questioning a person’s credibility or criticising a person’s actions
- A judge making an error of law or procedure
- A judge expressing opinions about issues related to a case they are hearing
- A judge’s body language, facial expressions or how a judge has looked at a party
- The amount of costs or damages awarded by a judge
- A judge not reading documents before a hearing
- A judge refusing to transfer a case to a different judge or court
- A judge reserving a case to themselves
- A judge refusing to correspond with a party about a case
- Fraud or any other criminal offence
- Court staff, court bailiffs or the facilities and services provided by courts
- Other bodies such as the Police or Crown Prosecution Service
- Solicitors and Barristers
By contrast, the new guidance issued by the Bar Council for barristers who have been bullied by judges offers counsels protection from a much more robust list of behaviours than the JCIO’s own list. The Bar Council outlined bullying behaviour in its guidance as:
- Personal abuse,
- Sarcasm,
- Contemptuousness,
- Unreasonable demands,
- Relentless criticism,
- Intemperate language,
- Demeaning behaviour,
- Comments designed to embarrass or humiliate.
Parents and family members described several types of bullying by family court judges. We’ve added some instances of bullying below, but a fuller list can be viewed here.
“My son was humiliated by a female judge in Bolton family courts. She read out a letter supposedly from my granddaughter who at the time was just 9 years old saying she wanted to be called Daniel after the bloke her mother was with at the time. While reading the note out the judge smirked constantly, it was disgusting.”
“Judge [edited] verbally abused me in court. He ridiculed me in front of my husband who abused my children and I for 10 years… He couldn’t even get my son’s age correct. I felt humiliated and burst into tears on leaving court.”
“I was made to comply with impossible court orders. When I confessed that I couldn’t comply anymore during a hearing the judge got sarcastic and belittled me. I wish I could have been sarcastic back and asked him if he could have done the order he imposed on me, but of course I couldn’t treat him the same as he was treating me.”
“Litigants in Person suffer the most.”
“The judge wouldn’t allow me to speak about my concerns for my children’s safety, and cut my solicitor off at the middle of every sentence while trying to explain my side of the case. He belittled me and made me anxious at the fact my concerns weren’t been listened to and therefore my children’s thoughts weren’t been viewed or taken seriously.”
Thanks for this post Natasha as this we can relate to in our court case in 2016 thank you so much
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“A judge not reading documents before a hearing”
“Comments designed to embarrass or humiliate.”
And the list the JCiO will not look into is so ridiculous its laughable.
i believe this is all too common in the Family courts and many cases are being decided long before the end of the proceedings. Collusion being a big problem was not mentioned.
it would seem we have a Family court system riddled with very unprofessional, small minded, arrogant and biased judges who play God with peoples lives.
it wouldnt surprise me if at least 50% of Family court judges are simply not up to the job and in many cases have the wrong character for that type of role which is clearly very specialized and requires empathy,decency and fare play.
Nobody looks into the background of these people to see who they really are, what other areas they are involved in and what they have done in the past.
Transparency and accountability is whats needed here.
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Judge [edited] has retired but was guilty of most of the above Supported by SS, Guardian and their legal teams who also were guilty of many of the behaviours described in Guildford. All a disgrace and removed an innocent parents child
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I should have added the parents lawyers were also part of the problem. Berating the father because he would not admit he was what the SS said he was and did. all protecting NHS staff who were the real abusers and caused injuries SS blaming parents for. Had I not witnessed what NHS staff did- I could not have been so sure about sons innocence
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Sorry, but this is a horrible abuse of statistics.
91% of Parents **WHO REPLIED TO A SURVEY** Say They Have been Bullied By Judges in Family Law Cases.
Parents who have not been bullied by judges in family law cases largely saw no reason to take part in the survey.
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Dear TB, the poll allowed for respondents to say if they hadn’t been bullied.
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Obviously, people who were not bullied are much less likely to be motivated to respond to the poll. During my own family court case, I was not bullied by the judge. I saw your poll, and I did not respond because I was not bullied, as I am sure was the case with the overwhelming majority of people who saw your poll but were not bullied. I accept that there may well be a problem in this respect, but this poll has absolutely no statistical validity whatsoever.
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Thanks for your comment TB. That logic could apply to any stat in the world. In retrospect, I wish I had let the poll run longer than 2 days. The site is still being inundated with messages about experiences of bullying, which fit the Bar Council approved definition. One could argue that the stat in my poll is conservative as a result, however my view is a little different as I don’t consider statistical data to be the only source of information we should pay attention to. This site’s take-away from the poll and the ensuing exercise of asking for experiences, is that whatever the actual stat is there is clearly a very big problem that needs to be addressed. Our focus is on that.
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No, Natasha, it couldn’t, and nor could one argue that it’s a “conservative result”. In fact, it’s an outlandish stretch to call this a “statistic” at all. I understand that you are a lawyer, not a statistician, but this is nothing more than a “straw poll”, and you simply cannot use it to determine what has happened to the population of “parents who have been involved in Family Court proceedings”. There is absolutely no basis whatsoever for your claim that 91% of parents are bullied in court, and it is simply not true. I don’t know how many responses you got, but your sample size alone will not have been sufficient to extrapolate to reach this conclusion, and that in itself renders your result statistically insignificant. In order to prove your claim, you would need to take a sufficiently large random sample of all the parents who have been through the Family Court and analyse all of their responses. Your sample is drawn from your Twitter followers, of whom, I think it’s safe to say, many follow you because they have had a bad experience of the Family Court. Furthermore. the sample of your followers which has responded to your poll is self-selecting and skewed towards your hypothesis, which also renders the result statistically invalid. If a large number of people come forward and complain that they have been bullied by a judge in the Family Court, by all means make the claim that this is a real problem and needs to be addressed – and I would agree with you absolutely – but you are simply not entitled to put a number on it and claim that this applies to “91%” of all parents going through the Family Court – er, like, nearly all of them – and it is patently absurd to do so. I am sure that your own experience of the courts will tell you that. I don’t claim to be a mathematician or statistician (it’s been many years…) but I do remember that the first thing to do with any statistical result is to look at it and see if it corresponds with observable reality. There are judges who are bullies, of course, but not 9 out of 10 of them. Just not.
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Wow someone got out of bed on the wrong side.
you are dealing with a battle zone on this issue and yes it is a battle for transparency and change and this site is helping towards some kind of reform and possibly justice for all the casualties of the SS and Family courts.
if you havnt been through this as a parent yourself then your remarks will mean absolutely nothing to most who read it.
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I agree, Doc. And I am on Natasha’s side. Sorry if I came over a bit forceful. I think transparency and accuracy are just as important on the campaign side as they are on the establishment side, that’s all. When you’re writing a document for court, if you don’t weed out the weak arguments, the court will spend all day gleefully demolishing your lesser points, whilst completely ignoring the strong ones – “oh, we’ll look at that later.” If you make patently absurd assertions, then your more rational ones will be dismissed without a second glance.
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tuppennyblue
I think you have come across have harsh and passive aggressive in your response to this. There are hundreds of parents who have gone through the family court system and has horrendous experiences. Bullying has been going on for years and there are exceeding amounts of media coverage if not statistics that have been carried out. Perhaps Natasha has not conducted the survey and analysis qualitatively but qualitative research can also be used. If you have time to respond to such an email perhaps it would be more productive in suggesting how to improve the survey as most research projects conclude.
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Both TB and Natasha have valid points. There’s no doubt there’s a problem with Judges and others in the Family Courts and it must be looked in to because the effects on parents and children can be devastating. However, I would not usually respond to a survey like this unless I had a grievance. I would respond to a short questionnaire on whether I was satisfied with the Court process and conduct of officials during the Hearings. I can’t complain that I was ‘bullied’ by the Judge but that certainly doesn’t mean I was satisfied with the way he conducted the case, or his demeanour. I was bullied by a CAFCASS officer and still think, nearly fifteen years on, that her attitude was appalling, but I gave as good as I got and had her removed from the case (by the Judge).
I would agree that there are many ‘professionals’ in this sphere who act unprofessionally and at times without any humanity, and it’s not restricted to Judges. Until there is more transparency and less hubris from those officials, this will continue. All hearings should be recorded and if there is a serious complaint about bullying or other misconduct, that recording should be made available to an independent adjudicating panel. And I mean independent, not one made up of other judges or CAFCASS officers!
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Roger, let us not forget the LA paid “experts” who lie in court too. Serious misconduct when your goal isn’t really to look out for the child’s best interests but to feather your own nest by slanting reports in favour of the LA recommendations, to retain your being employed by the LA. Perjury in the Secret Family Courts goes unchallenged as they are no independent witnesses.
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Personally I believe the whole system is corrupt. My experiences in several courts, with several Judges reinforces that belief.
The first Judge, now retired, should have retired much earlier as he was dictated by the LA Barrister on what to do. He was just coasting, waiting for his pension. Although the SW lied in court, several times, the Judge excused her by saying Social Workers have a tough job to do! He failed to reprimand one of the solicitors for screaming one sentence repeatedly at me whilst I was in the witness box when she didn’t get the answer she wanted. I don’t suppose that was on the transcript but it would be on the tapes. The fact that the Judge can alter the transcript from what was really said, after the event, beggars belief! That certainly should not be allowed. What’s the point of having a tape recording saying one thing but the Judge edited transcript saying another?
Only one female Judge initially gave the impression she was going to play fair but even she failed to follow through, as a different Judge was assigned to the next court date, despite her promises that she would hear the case to the end & would do certain things. The follow up Judge had a nasty attitude, was very dismissive & certainly pro LA. He stood out because he acted like the nasty person he really was & didn’t try to pretend otherwise. He also failed to carry out the previous Judges wishes, so what was the point of the first Judge? The final Judge said one thing in court but the court orders were written out differently, as they were written out by the LA solicitor.
In fact the Judges just endorse what the LA wanted from start to finish. A case of the tail wagging the dog. Families do not stand a chance.
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It’s worth noting that if a transcript is requested directly by the Court of Appeal (they have a different form to do this with) it goes directly to the RCJ without being edited by the judge in the lower court. In W (Children) [2015] EWCA Civ 403 the transcript had been requested by both routes, and two different versions arrived in court. Of one discrepancy, Black LJ said, “Well, those three words completely alter the meaning of that entire paragraph”. This, of course is not mentioned in the judgment, but was conveniently swept under the carpet.
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In reply, I was told to get a transcript from the court to appeal. I did not know I could opt for the appeal court to get an unedited version direct.
It’s a huge problem that once you enter into this arena you are unaware of what you can & can’t do & you are mercilessly taken advantage of. You can only make good decisions based on what you know & since you know nothing it follows outcomes will generally be poor.
The Family Court is said to be adversarial so are by default in direct conflict with families. However my view is the Family Court is accusatorial which certainly comes across as bullying.
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“In fact the Judges just endorse what the LA wanted from start to finish.”
So true, and this story proves that this is going on.
“Judges and social workers have been conspiring to remove children unjustly from their parents,
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 High Court judge warned that ‘the practices I have described are not confined to this area but are widespread across the country’.
https://www.dailymail.co.uk/news/article-2562249/It-never-happen-Appeal-judge-slams-cut-paste-decision-family-court-led-social-workers-taking-baby-parents-unjustly.html
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In my case it was alienation by SS and cafcass a huge lack of support, lack of information on letters received regarding the commands by them on to us. we was told we could not use our solicitor due to conflict of interest. The solicitor they provided failed to provide information under the human rights law, and miss informed us many times during the case. Over all i would say felt mostly intimidated by the child protection local authoritys used.
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I was bullied and ridiculed by my judge who was my ex’s former public defender in his Dv case with me
Many times I would come I court asking for my kids to have a therapist for a year , then a new pediatrician since my ex yelled at him and he qthr doctor quit and surgery and then she made a ruling to take my kids away altogether
All I was doing is protecting my kids
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My life and my children’s lives were destroyed by family court judge. I was made bankrupt and I have suffered post traumatic stress for years and may never get better. The judge called me names he wouldn’t let me get legal representation and when I got extremely ill and unable to continue the judge asked one of the court workers if she felt I could continue she replied no the judge said well that is to bad we aren’t stopping and they continued and they just railroaded me and I lost everything and I was not even on trial for anything. Judges think they can make their own rules because no one argues with a judge.
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At least it is recognised. I’ve a petition going to PETITIONS TEAM, UN, GENEVA – concerning my COMPLAINTS SUBMISSION – receipted by them on 5.11.15 and then nothing. All of my marital property was given, with the compliments of the judges, to a third party who was a friend of a former high-court judge for a long time. This thief even got away with bashing me up.
Petition @ https://chn.ge/2Hpu2aa
[Edited]
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The adventures of Litigents in Person shown in “researching reform” are not unique to the family courts – and all LIPs and interested parties must join together in the outrage of the abuse of office committed by judges on the public they are supposed to serve. All Courts should – Must uphold the rule of law and the LIP is due the same respect as the Judge – Mutual Respect – you do your job and I do mine. The Contempt of Court rule should – Must apply to all parties in court – This means the Judge who holds or threatens to hold a LIP in Contempt should – Must be subject to the same rule — AND furthermore should must not be a Judge in his own cause… But this happens and is allowed to happen because there is no accountability.
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Its ironic how the BBC can make a documentary about Stolen babies in Spain but not for the same problem in the UK.
“Spanish society was shaken by allegations of theft and trafficking of thousands of babies by nuns, priests and doctors.”
See the program here.
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No what takes place in family court is not about bullying its about profiting money BUT they will pyschologically abuse the non abusive parent and pretty much detroy his or her life.
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My kids were taken from me back in 2005. I have not held my kids in so long I have cried myself to sleep every night since.
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Thank you for your comment. We’re incredibly sorry that you’ve experienced all that you have.
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Our daughter raised concerns over her ex abusive husband contact with her child.
They caffcass turned it all round lied and have left daughter in fear to go back court to bring issues up or they contact social services.
It’s heartbreaking as her abuser has gained it all and our grandchild is in worse position so hard to watch.
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I’m so sorry.
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I’m going through this now. I have Autism and can’t find a solicitor to take on my case as it’s to complex and my original solicitor didn’t send me evidence that the other side were using etc?
The judge had evidence that ss were telling lies but took my 15yr old child?
The DOLS was granted but I sent evidence they were telling lies? Because I asked the Judge not to speak to me like that the Judge added another month to the DOLS? Kept cutting me off while I was questioning the SW? Told me to shut up while she delivered her virdict or she would go in her chambers. I got up and left the court room? Just because I have Autism I’m still a human?
I’ve had to demand the hearing in the court because I can’t connect to hearings by the internet. Hence I have not been able to attend some of the hearings, because the judge wouldn’t change it?
This has been used against me? (Either as my behaviour, or that I’ve not attended?)
Has the country not been told to go back to work? Hence why are places like courts still doing cases by the internet?
Some people can’t or don’t understand computers, or have bad airways, and not just people with additional needs, hence can’t connect to these types of hearings? Hence are being discriminated against?
I even received a letter from court not to write to the judge because it won’t be read and just put on file? Hum so if I don’t have a solicitor whom do I address but the court?
The Judge has tried making an order not to cc one of my adult children? My adult child has just finished 2nd year at UNI and was actually in the court room on the first day of the two day hearing in Oct, hence very aware of the case?
The recent orders that have been made for reports from, the Ambulance, police, safeguarding etc ( for the 2nd time) have not been sent. My child’s phone investigation and the response from the court peaditrician haven’t been sent either. And I’m back in court the first week of May?
And the worst thing is that my child is on suicide watch, as since removal in Oct has harmed on a number of occasions. My child never harmed whilst being in my care?
The SW Is unstoppable and is being backed by his managers as I have sent recordings of what he says and documents are two different things? ( And that is what this is about, the social worker is behaving like this because I sent recordings, that they are aware are to help my Autism, but will be used to confirm conversations should the need arise. Hence using personal feelings above professional? When it’s simple if lies weren’t told then recordings wouldn’t have to be sent)
This SW is also bullying my other adult child, whom is the only person seeing my child at the moment?
I say moment, because, the SW thinks he can bully my adult child to agree with his! Diagnosis of me having FII?
The SW asked my adult child to take my child because I wasn’t getting my child back? The SW said he would get my adult child a bigger house etc?
Then told me he didn’t say that because the judge makes decisions? ( Yes based on the lies from him)
The next week my adult child reminded the sw that he said there only had to be a few supervised visits then visits could be alone? The SW told my adult child that because they would not agree with his diagnosis of me having FII that my adult child could only have supervised visits?
My adult child has had weekly visits with my child since Xmas Eve. Taken snacks books etc. Visits were a few hours and they did different things each time. Because my child is saying what is going on. And because my child has not showered/bathed, attended learning or will engage with the SW or dr’s, visit is now 1hr and swimming only? And even in the pool the carer restricts interaction?
The SW has now stopped snacks and books, from the weekend? ( Yet the week before the SW told my child to search the bags given by me and remove books?My 15yr old child has not worked with the SW at all and they won’t change him to help my child progress)
At the weekend my child gave my adult child a hand made card to give me. The carer got my older child to one side and warned if the card was taken visits would be stopped? (Bullying behaviour) And my adult child was not allowed to tell my child? (Why arnt the home sitting my child down and being open and honest with my child, if this is something the SW is now demanding? Instead of being part of the problem) My child noticed the card was removed hence got it and again gave it to my older child again? In the car the carer took it out of my older child’s bag? (Theft) When my adult child got out of the car my child asked did my adult child have the card, the carer looked at my adult child, However my adult child did not back the carer and said no that the SW has said that snacks etc can’t be given?
You see my child wanted to buy me something for mother’s Day, the carer wouldn’t allow it and apparently my child was low after this and it resulted in my child whom is on suicide watch, leaving a home for children with additional needs and going to the motorway?
Hence mother’s Day my adult child took a bought card for my child to sign and the carer said my child couldn’t sign it? (Hence the SW actions above because the SW is a bully and my adult child won’t agree to his Fii demands or the fact that I won’t work with the SW either anymore, he is using bully boy tack ticks and cohursion, to get what he wants)
I have not seen my child since the beginning of Dec, because of this social worker? And I won’t sign his paperwork to keep my mouth shut?
My other adult child has not been contacted by the SW regarding visits because, this child raised safeguarding concerns, at xmas?
I also found in the cafcass SAR request paperwork a court order dated 17th Jan giving the SW permission to allow my child to see whom the SW pleases?
Just as I found a statement cafcass wrote for the 18th Jan hearing that wasn’t sent to me either? (Had I not requested the SAR I would not have received these)
In that it documents of a supposed conversation with my child and cafcass solicitor, over the phone? It documents how my child made its position clear? Yet the solicitor says my child lacks mental capity but will review this? ( Either my child lacks mental capacity or it doesn’t) Yet documents how my child is keeping a diary of migraines and being sick? Because the SW has had most of my child’s medication stopped and says my child is fine yet if so why is my child with no mental capacity keeping a diary? (It’s also funny how I’ve asked the SW, cafcass and solicitor whom has carried out the Acid test to deem my child not to have mental capacity, because CAMHS have not said this? Yet no one can answer)
These people don’t care what they do to innocent families it’s about them and their power and control?
You may ask if you have two adult children why have SS taken your 15yr old?
Well my response is this all my life I’ve had my Autism and ÀDHD, but I was only diagnosed in 2019, hence now I can’t parent apparently?
Going back to the books I sent my child, i did things like make a wordsearch, and told my child when feeling sad find the words? These words were of how my child is strong, brave caring etc? Not only is this CBT (getting my child to think about it’s qualities, hence removing the negative thoughts that my child is thinking) but it’s also called parenting? (I also did a book with my child, when living with me, that was working on my child’s feelings Something I can’t do apparently? Even though I have a level 2&3 in counseling?)
I never ever thought the justice system was like this I thought the court was the voice of reason and got what was right for the child? But if you have a condition and no representation they can do and treat you as they like and they do?
The MP won’t get involved because it’s ongoing? NSPCC say they can’t do anything because of the court order. And the ombudsman backs there behaviour because you haven’t got the MP to go to the Ombudsman?
If you don’t like that I’m direct with my Autism thats fine but to do this to an innocent 15 year old child, I have no words for
And what about going forward how this will effect my innocent 15 year old child, whom has had its Human Rights removed, (Even the TV)and that child’s voice remains unheard hence the breach of the childrens act also?
Hence in this statement for court I am asking for permission to appeal to the appeal court, weather it’s granted or not I will still be doing it because this is inhumane? These people are parents, grandparents etc hence how can one clearly have the proof but distroy a child’s life, and sleep at night?
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“The MP won’t get involved because it’s ongoing? ”
This is used everywhere you turn., even if you have proof that the SS are lying in court they wont get involved and usually say it will be decided by the judge. but by the time the case is over your child could end up adopted then its too late. Lies should be investigated even when proceedings are ongoing. this is how the SS win 95% of cases.
” the ombudsman backs there behaviour ”
The LGO have a 99% Bad rating on Trustpilot and Cafcass 96% Bad. Go figure !
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Thanks for your response. I have already been told because my child is 15 (16 in July) adoption is not an option.
Hence the justice system would rather back the lies of the SW and cafcass that has now resulted in this childs deprivation of human rights and is harming on a regular occasion?
The carer from the home is grooming my child, and made threats to my adult child and removed a card my child made me out of my adult child’s hand bag.
This justice system must feel so accomplished in their behaviour?
Because that is why there is so much mental health in this country and the suicide rate so high because these children grow up to be adults with issues
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” These people don’t care what they do to innocent families it’s about them and their power and control? ”
Absolutely true. they take great pleasure in slowly crucifying parents during court proceedings. they love the power they have. they get a kick out of wielding their sword of power in such a dangerous way its comparable to a 3 yr old American child finding his Dads loaded gun and waving it around for fun.
This serious abuse of power needs to be taken away for Councils and Forced adoption needs to end.
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If they have been set up because they are looking into the behaviour of judges then why when I went to them on my own because I had no solicitor did they back the judges.
No matter what these people write, the truth is they too, do discriminate when a person with additional needs and no help contacts them, because they can
At the end of the day there is no help for people like me,. And we will never be heard and they will just keep getting away with destroying our children because they can
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