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Researching Reform

Researching Reform

Category Archives: Fudge of the Week

Mrs Justice Theis – In Trouble With The Law (Again)

24 Thursday Oct 2013

Posted by Natasha in Children, Family Law, Fudge of the Week

≈ 10 Comments

We were more than a little disappointed by Mrs Justice Theis’s handling of  a recent case involving two sisters who refused to take the MMR vaccine, but were ordered to do so by the judge (think sledgehammer, and nut), and it seems the relatively new judge isn’t having much luck trying her hand at other areas of family law this month.

In another family law related case in the High Court, Mrs Justice Theis (pronounced t~ice} presided, and subsequently sent a woman to jail. The hearing in question related to contempt of court proceedings. Theis is now facing a substantial backlash for her actions, because the hearing did not feature on any publicised lists of cases, and Theis herself was not listed to appear at all that day. The furore emanates from a practice guidance issued in May about hearings relating to contempt of court which specifies that hearings relating to contempt of court should be open to the public and that Committal applications in the Family Division should be listed at the outset and also heard in public.

The Judicial Office are supportive of the judge, citing a sense of urgency and lack of time for the less than organised way in which this case was handled, and that the hearing had in fact been held in open court. (Though no one was likely to turn up because no one knew of the hearing – a minor detail, but we think it’s worth noting).

The article tells us that the woman was jailed for 28 days by Mrs Justice Theis in a hearing held at 9.30am on October 11.

A member of the press was alerted to this incident by a member of the public and has now, clearly, found its way into the news.

Despite the mitigation of the action or inaction of Theis, The President of the Family Division is clearly pensive post the incident. Sir James Munby will be looking to increase the scope of cases which should be embraced by the new contempt of court practice guidelines.

The case, though little detail is available at present, involves a woman who has thus far refused to reveal the whereabouts of two children who are the subject of interim care orders. We are very interested to read the case and hope that it will be made available to the public.

One thing does seem to stand out from this event, for us at least: Mrs Justice Theis’s fast-becoming infamous heavy-handedness when it comes to resolving cases. Let’s hope jail in this case was justified, though probability and reason are not on Justice Theis’s side, for there are very few instances where we can foresee any benefit to jailing someone in this way. We hope we’re wrong.

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Fudge of The Week – Mrs Justice Theis

12 Saturday Oct 2013

Posted by Natasha in Case Study, Children, Family Law, Fudge of the Week

≈ 15 Comments

In a recent High Court decision, which saw two girls ordered to take the MMR vaccine against their wishes, Mrs Justice Theis, who presided over the case and made the order, wears her heart on her sleeve, and, we would argue, makes the wrong decision.

The two girls, are aged 11 and 15; one is a Vegan, as is their mother. Vegans are sometimes reticent to use vaccinations as vaccines can contain animal-based ingredients. The girls were both concerned about the MMR vaccine for this reason and did not want to be injected. The case was brought by the girls’ father who though had initially agreed with the mother not to vaccinate the girls said that he changed his mind after learning of the Measles outbreak in Swansea last year and the dis-accreditation of the now infamous Dr Wakefield’s research, which led people to believe that the MMR vaccine could lead to autism and bowel disease.

Mrs Justice Theis took the view that the girls were not mature enough to make the decision to abstain from the vaccine and accordingly ordered that the girls should be injected.

This is a judgement which concerns us deeply. On the face of it, we can sympathise with Mrs Theis’s sentiments – two girls who could be effectively protected from three potentially deadly diseases, sounds like an open and shut case in the context of child welfare. But the decision in our opinion, is extreme. What’s more, it smacks of social engineering.

The chances of catching Measles today is exceptionally low. Although the risk increases if we come into contact with people who’ve visited or come from countries where the virus is still an epidemic, in the UK, the risk of contracting it is still low – and that’s despite an increase in Measles outbreaks in the country (brought on by a slow uptake of the MMR vaccine, post the now discredited research by Dr Wakefield). There have only been two deaths from measles in England, since 2006.

And despite concerns that the Measles outbreak in Wales last year would lead to an epidemic of Mumps, this did not occur. 

Rubella, often known as German Measles, is a mild illness, unlikely to cause children long-term damage, with the exception of unborn children in the womb.

From a public health (and interest) perspective, it could have been argued, and indeed we don’t know if it was as we have not seen the transcript for the hearing, that immunisations like these are imperative to keep diseases from spreading and that one could suggest there should be a duty on all parents to ensure a child is vaccinated, wherever possible (some children cannot be, due to existing medical conditions, like Leukaemia). However, children like these two girls who decline the vaccine are a minority, which we would argue could easily be accommodated, even in this context.

We also reject Mrs Justice Theis’s view that the girls were simply not mature enough to understand the pros and cons of declining the vaccine. Unless the girls were suffering with mental health conditions or other issues which impaired their ability to reason at the corresponding levels for their age, it would have been terribly easy to provide them with all of the information they needed to make a fully informed choice. It is simply not good enough to suggest that perfectly healthy 11 and 15-year-old girls could not have such information communicated to them effectively, and from there, been allowed to make an informed choice.

The implication from the reports in the news is that the mother was responsible for swaying the girls’ views on this issue, which in turn suggests that the girls were not thinking for themselves, but we wonder whether this should ever have been a point of contention. The father had previously agreed with the mother that the girls should not be vaccinated – for whatever reason, and we cannot rule out acrimonious ones where two parents part company, he changed his mind. Children are continuously influenced by their parents, whether directly or indirectly – to judge upon this, as Mrs Theis may have done, in this case at least, was a distracting perspective from the real issues.

And we feel the draconian measure Mrs Justice Theis resorted to, was outside of her powers in this case, too. The children now face the added trauma of being forced to have a vaccination they don’t want, to suffer the indignity of having their feelings and beliefs thwarted and who will no doubt grow up with a less than pleasant view of the law. And the parents too, will suffer as a result of this ruling. The tension this Judgement creates is there for all to see – one victor, one loser, two very confused and angry children, caught up in the middle.

It would have been far better for everyone had the Order run differently. We would have liked to see the girls being given the chance to equip themselves fully with knowledge on the subject of the MMR vaccine and to be given until their 18th birthdays to make a choice. The case of Joshua McAuley, who was also 15 years old at the time, was a Jehovah’s Witness who refused a life-saving blood transfusion. His circumstances were not dissimilar to the girls’ own. In this case, Joshua declined a blood transfusion after a car accident, and subsequently died. His faith precluded him from accepting blood transfusions.

The similarities of both stories run deep; intelligent children, with beliefs of their own, who wished to make a choice. They are not choices that most parents would want for their children, and they would be alien and anathema to most of us, but in the judicial arena, personal sentiments must be left at the door.

It seems that Mrs Justice Theis, though understandably, let her personal sentiments guide her and in turn, will have put the entire family in turmoil: souring negotiations between the parents, embittering the children against their father, and destroying any semblance of respect the girls had for the law.

Many thanks to Milly Bancroft for pointing us to the court text on the hearing, which you can read here (we did not get to read the judgement prior to posting, but will take a look now….)

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Fudge of the Week: David Cameron

28 Tuesday Jun 2011

Posted by Natasha in Fudge of the Week

≈ Leave a comment

We’re a little slow off the mark with this one (too much off-line mischief) but we had to get it in. Father’s Day is supposed to be, despite its highly commercial origins, a time when we celebrate all that is good, not just about fatherhood but about fathers in their own right. As a self-confessed Daddy’s girl, it holds a special place in my heart and I  usually pick the most revolting card I can find and hand it to my father, with love. It’s tradition. This year, I gave my father  a card which read something along the lines of: you know the way I turned out? Well, it’s all your fault. (Don’t worry, he loved it. It was all in the tender eye roll).

So being rude to your own father on Father’s Day is perfectly acceptable. In fact, it’s tradition. But being rude about fathers in general, as a high-profile politician, just isn’t cricket. Yet that’s exactly what David Cameron did.

On what was supposed to be a day when an entire nation was focused on fatherhood as a force for good, our prime minister chose to look the other way and criticise absentee dads for their lack of care. I don’t think anyone would deny that there are fathers who shirk their responsibilities; this is an unfortunate reality, notwithstanding those fathers who want to make contact with their children but genuinely can’t for various reasons. The issue itself though, is not the issue. The issue here, lies in our Prime Minister’s timing.

And it’s not the first time his instincts have let him down (for instincts we may want to read PR team, perhaps, as apparently thinking for oneself is no longer fashionable). Remember the debacle over our multi-cultural society? David Cameron made the speech with a view to highlighting what he perceived was a failed experiment; that multiculturalism had not worked. Setting aside for a moment the rather simplistic argument he makes (and which we touched upon in another post), the speech itself was made on the same day the BNP chose to come out and demonstrate. What kind of message does this send out to a nation and would the implicit connection not anger and alienate millions of people in our country who genuinely love England and feel at home here?

The delicacy of such a topic cannot be underestimated and so choosing to make this speech at a time when the BNP were marching on our streets seemed not only tactless but lacking in the kind of sophistication we should be entitled to expect from our elected leaders.

Coming back to the present faux pas on Father’s Day and thankfully, some common sense prevailed as organisations like DadsHouse, interviewed here on Sky News for its reaction to David Cameron’s poorly timed outburst, offered some much-needed damage control in the aftermath. It would not do our Prime Minister any harm to meet with organisations like these and really understand the root cause of some of these problems and also to see the work these charities do, work which our government really should be supporting.

For bad timing, bad vibes and bad business, we award our Fudge of the Week to our very own coalition leader, Mr David Cameron. Here at Researching Reform we can hardly wait for the next instalment of What Cameron Did Next……

David Cameron

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Fudge of the Week: Justice Secretary, Kenneth Clarke

16 Tuesday Nov 2010

Posted by Natasha in Family Law, Fudge of the Week

≈ Leave a comment

It’s a bold move: Justice Secretary Kenneth Clarke announced yesterday that he would be considering removing legal aid as it stands for private family law cases, on the basis that it was too expensive and part of one of the most costly legal aid systems in the world.

A lot of people will no doubt be in shock at the news. There are perhaps two obvious points which strike at the heart of the legal aid dilemma: the first is that our legal aid system is expensive because unlike most countries we have historically aspired as a nation to provide for the most vulnerable in society, in a complete and humane way. The other is that we really should be looking at this problem from another angle – namely reducing the cost of the process so that we can keep helping the most vulnerable who have to go through it.

This to my mind seems a sensible option. If we had a system that ran properly and didn’t use ten people to do the job of one, we could save legal aid and remain committed to being progressive.

I usually do a “judge of the week” post to highlight the great work some of our judges do in the field of family law, but this news has inspired me to create a new Honour for those whose work leave little to be desired. I shall call it “Fudge of the Week”. The first award goes to our Justice Secretary.

Sometimes, being radical is overrated.

 

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