Judge making findings about a witness – fair trial


suesspiciousminds

This is a very tricky one – I have to say that my eventual conclusion is that the Court of Appeal are entirely right about the principles and the decision that they came to, but it leaves me feeling uncomfortable and queasy that allegations as important as this about professional misconduct end up being dealt with on a technicality. What was alleged (and found by the Judge who heard all the evidence) was very serious stuff indeed.

http://www.bailii.org/ew/cases/EWCA/Civ/2016/1140.html

In this case, at the end of a 4 week hearing, the Judge delivered a judgment that said that the SW and Police Officer had embarked on a deliberate calculated exercise of getting ‘evidence’ to prove sexual abuse without any relation to whether or not the allegations were true, that they had drawn other professionals in, that both had lied to the Court and that the SW had caused considerable emotional harm…

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3 thoughts on “Judge making findings about a witness – fair trial

  1. I am too nervous, I gathered all the evidence and I bought a book on family law with view to helping myself, i then purchased a social workers law book which I would advise anybody who has to go through the family court against to read, it has little about fact but impression, impossible to beat.
    My mother worked in Lewes Crown Court for the main of her working life, I grew up in the court, I believed that the UK had a superior legal system, an opinion I kept for 30+ years.
    I’m nearly 50 now and see the UK legal system in childcare and family law an embarrassment to the UK justice system.
    No one can beat a corrupted system, they can complain, believe I have files of complaints which are brushed under carpets and ignored, my case was private law, still completely controlled by a social worker who had the judges at her disposal, she had no evidence, she forgot it, said paperwork held by my barrister was private and he shouldn’t have had it, I got it via data act, it was then non sub missable.
    Infact every piece of evidence which discredited the s/w became non sub missable.
    I had to respond to a sec47 that after the court and was requested by my legal advisers month n month out did not exist.
    I paid over £2,000 for a sec 37 report which I now know the s/w didn’t even do.
    That is UK family courts and the ballance for f probability is in favour of lying social workers.
    I can’t fight what did not even exist!

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  2. The Whole System is Corrupt and has Been For Years, social Workers have too much power in the family court and commit perjury without punishment daily, the government is aware of newspaper reports and even petitions go nowhere, if a social worker is to give evidence in childcare precedings then they should be required to provide proof of allegations as in any other court, presumption should not be evidence or predictions, the judge should not see a social worker any differently to a parent but they even if newly qualified are seen as expert witnesses who even though giving evidence can sit through a whole trial even before being called to the stand.
    Childcare proceedings blatantly reject the human rights law and rights to a fair trial again the government ignores this fact.
    I personally had an accusation made about me regarding my son, the police found no case to answer yet in family court with no evidence I was judged, labelled and destroyed, I had a barrister who had an exceptional case yet he was although with factual evidence to hand continually dismissed, £11,000 later I lost my son, I carry a label of a violent alcoholic in denial of my problems, I am teetotal with no criminal record or any historical evidence against me.
    I can’t afford to appeal, I doubt I would be heard.
    I had a good professional career, I worked all my years as a single mum, now I am destroyed emotionally and socially.
    It’s time social workers were made accountable for the lies and the local authorities were held accountable for the damage their workers do every minute of every day.
    Will they be……… Not a chance!

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