Thursday, 18 January 2018

MICHAEL BAILEY BARRISTER CASE WINS


Notable Cases

RE L (HABITUAL RESIDENCE: DOMESTIC ABUSE) sub nom ROTHERHAM MBC v (1) J (2) K (3) L (BY HER CHILDREN'S GUARDIAN) [2016] EWHC 1844 (Fam)
A 17-month-old child born in the Ukraine to a Ukrainian mother and a British father was habitually resident in the Ukraine for the purpose of care proceedings. She had spent the first 13 months of her life in the Ukraine with her mother, who had submitted a visa application with the intention of moving permanently to the UK but had changed her views as a result of the father's abusive behaviour. There was no evidence that the mother or child had become integrated into the community in the UK at the time when protective measures were taken.
SUTTON LONDON BOROUGH COUNCIL v (1) MH (2) RH (3) NH [2016] EWHC 1375 (Fam)
An application for a care order relating to a 16-year-old boy was adjourned where he had lost capacity to conduct the proceedings. An order was made restricting the mother's access to documents because she had previously disseminated information to persons not involved in the proceedings.
AD & AM (Children)(Fact Finding: Re-Hearing) [2016] EWHC 2912 (Fam)
In the light of new expert evidence the court reconsidered medical issues in relation to its previous finding that serious head and spine injuries suffered by a 10 month old baby had been non-accidental and caused by the mother; now finding that the spine injuries were of 'unknown cause'.
AD & AM (Fact-Finding Hearing) (Application for Re-Hearing) [2016] EWHC 326 (Fam) (24 February 2016)
In which Cobb J granted permission to re-open the NAI fact finding decision that he made in 2013 (see below). The re-hearing outcome is referred to above.
 R (Fact finding), Re [2015] EWFC B97 (29 May 2015)
This was a fact finding hearing before HHJ Laura Harris in s31 Care Proceedings where non-accidental injury was alleged. An unusual feature in this case was that the Court, having heard various experts’ evidence, made a direction that the matter be adjourned and a further expert instructed in relation to timing of injuries.
 C (A Child), Re [2015] EWCA Civ 539 (10 June 2015)
Per Aikens LJ, Elias LJ, Ryder LJ. Looks at the requirements for an FPR Part 25 application for an expert to succeed. The father instructed this Counsel on a direct public access basis to appeal against a decision to instruct an expert in Children Act proceedings in which the father was a litigant in person. The appeal was successful and the matter sent back to the court for a rehearing.
Erlam & Ors v Rahman & Anor [2015] EWHC 1215 (QB) (23 April 2015)
Involving a petition aimed at the disqualification of the former mayor of Tower Hamlets. This Counsel was led by Duncan Penny QC. As is well known, Commissioner Richard Mawrey QC found in favour of the petition.
 J (Discharge of A Care Order) [2014] EWFC B199 (20 November 2014)
The maternal grandmother applied for a discharge of a care order and defined order for contact pursuant to s34, s39 of the Children Act. HHJ Staite refused the application to discharge but the Local Authority agreed to an increase in the maternal grandmother’s contact. Subsequently, the maternal grandmother has with the agreement of the Local Authority secured unsupervised and then overnight stays with her grandchild.
Re B (Placement Order) [2104] EWFC B180
A decision of HHJ Laura Harris following s31 Care Proceedings
 AD & AM (Finding of Fact: Non-Accidental Injury) [2013] EWHC 4859 (Fam) (19 July 2013)
Findings made by Cobb J in a non-accidental injury case at the fact finding stage of s31 Care Proceedings. At the welfare stage the children were returned to their parents care under a Supervision Order. A subsequent criminal prosecution against the mother was held to be an abuse of process for want or prompt disclosure. In 2016 (see above) an application was made to re-hear the findings of non-accidental injury based on the medical evidence obtained in the criminal proceedings.
RE M (A CHILD) sub nom PM v (1) MB (2) M (A CHILD) [2013] EWCA Civ 969
A parental responsibility order should normally be made on a father's application and it would be a rare case when it was not. However, an order was properly refused where there was clear evidence that a father was likely to misuse the order to seek to exercise control over the child and, indirectly, the mother.
HB (Mother) v (1) PB (Father) (2) OB (A Child by his Guardian) & CROYDON LONDON BOROUGH COUNCIL [2013] EWHC 1956 (Fam)
Where a local authority's failure to prepare a proper report as directed under the Children Act 1989 s.37 led to wasted hearings in private law family proceedings, it was appropriate to make a non-party costs order against the local authority allowing a father to recover his wasted costs. The local authority was sufficiently closely connected with the litigation to justify a non-party costs order, and its systematic and specific failures carried the case over the "exceptionality" threshold.
C v C   B4/2012/2100
Respondent appealed a final order by HHJ Copley made an at interim hearing following a fact finding hearing over 8 days where 53 findings of domestic violence were made against the litigant in person father, directing direct unsupervised contact and making a non-molestation injunction. McFarlane LJ gave permission to appeal on paper: appeal conceded shortly before the full hearing and remitted back to the CC for final welfare stage hearing.
RAMJAN v GENERAL DENTAL COUNCIL [2012] EWHC 818 (Admin)
It was unnecessary to interfere with a professional conduct committee's decision to remove a dentist from the dental register where he had acted dishonestly in treating a patient in a wholly unjustified way, without consent, which caused her irreparable damage.
AA v (1) NA (2) K, J & Q (BY THEIR CHILDREN'S GUARDIAN) (2010) 2 FLR 1173, Mostyn J
Findings of domestic violence were set aside where a judge had erred by failing to explain his reasons, firstly for allowing a finding of litigation misconduct to inform his view about a party's overall credibility, secondly for accepting the evidence of a complainant despite significant inconsistencies in her evidence and thirdly for significantly revising his draft judgment to include a previously unmentioned finding that a father had struck his children.
RE I (A CHILD) [2010] EWCA Civ 319, CA
Information that a mother might not have been the sole perpetrator of her child's injury but was a possible perpetrator of that injury was not sufficient to merit a retrial of a fact-finding hearing in care proceedings but was information that would be given to the children who were removed from her to give them the best evidence in later life as to why they were removed.
RE W (A CHILD) (SHARED RESIDENCE ORDER) [2009]  2 FLR 436, CA
A shared residence order was appropriate even though the child was in the mother's care for 75 per cent of the time. Such order might be appropriate where it provided legal confirmation of the factual reality of a child's life, or where it might be psychologically beneficial to the parents in emphasising the equality of their position and responsibilities.
NJ V (1) ESSEX CC (2) CMJ (BY HER CHILDREN'S GUARDIAN) [2007] 1 FLR 77
Although there were features of the manner in which the local authority reached and communicated a care plan that fell short of proper standards of fairness and transparency in the conduct of care proceedings there was no infringement of the European Convention on Human Rights 1950 Art.6, as the departures from good practice were not sufficiently substantial to affect the fairness of the proceedings.
(1) MANIJHAR ALI (2) SHAIFIQ SIDDIQI (3) FOKRU UDDIN (4) SHAMSUL ISLAM SOMDUL (5) DAVENANT CENTRE v (1) MAHMUD ABDUR RAUF (2) SHEIKH ALIUR RAHMAN (3) SHEIKH AMINUR RAHMAN (4) MIZANUR RAHMAN CHOUDHURY [2006] EWHC 3420 (Ch)
Although the court declined to grant the interim remedies sought by members of a charity committee, their suitability as final orders after any trial was not decided.
RE C & H (CHILDREN) [2004] EWCA Civ 1222, CA
The trial judge was entitled on the evidence to find that injuries sustained by the defendants' child were accidental and not the result of a deliberate act.
A (A CHILD) (2003) 2 FLR 1, CA
Where the judge had not had before him expert evidence on Somali custom and practice in relation to naming children, the order to change the registered name of the child was set aside.
K v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2002)  Times, July 22, CA
There was insufficient proximity to found a negligence claim between the victim of a rape, committed by a man due to be deported but released by the Secretary of State for the Home Department pending an application for the writ of habeas corpus, and the secretary of state.

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DR SQUIER

THE THINGS THEY DO NOT WANT YOU TO KNOW

THIS IS WHY YOU SHOULD NEVER AGREE TO SIGN A SECTION 20 ORDER OUT OF DURESS BY A SOCIAL WORKER

BY AGREEING TO A SECTION ORDER,YOU WILL BE PLACING YOUR CHILD INTO VOLUNTARY CARE AND FACE LOOSING YOUR BABY TO FORCED ADOPTION

Do not ever agree to sign a section 20 Order out of duress by a Social Worker.

Not only will you be agreeing to Put your Child into voluntary Care, but you will not be entitled to Public Funded Legal Aid at this time.

The Social Worker more than often will say, if you do not agree to sign a section 20 Order, will will go for an Emergency Protection Order.

If they mention an Emergency Protection Order, you will need to act very quickly, and get a Children's Panel Solicitor straight away.

Solicitors that represent PAIN Service Users have been very successful in the past in preventing the granting of an Emergency Protection Order.

Social Workers will not tell you that you can try and discharge the EPO, within 72 hours.

The Local Authority can sit on this order for quite a few weeks,AND AS I HAVE ALREADY STATED YOU WILL NOT BE ENTITLED TO PUBLIC FUNDED LEGAL AID AT THIS TIME.

If you receive a Pre Proceedings letter through the post, you must take this letter straight to a specialized Children's Panel Solicitor.

The letter will state that they are considering going for Care Proceedings, and there will be a Pre Proceedings Meeting.

At any Pre Proceedings Meeting they do not always instigate Care Proceedings.

There is sometimes an Agreement contract drawn up, for you as Parents to follow the stipulations written to in the Contract.

If you breach the Agreement, then there is a high expectation that the LA will in most cases instigate Care Proceedings.

When the LA instigate Care Proceedings, and if they go for an Emergency Protection Order, this is when Non Means Tested Public Funded Legal Aid is granted.

With the Governments CHANGE OF DIRECTION FOSTER TILL YOU ADOPT COMING INTO FORCE THREE YEARS AGO, which means Foster Carers are brought in at the early stages of Care Proceedings , or Babies are allocated to Foster Carers before they are even born, this means in a lot of Cases, a Baby will be taken from His or Her Birth Parents within minutes or a few hours after birth, via an Emergency Protection Order.

TO PUT THIS IN THE PROPER TERMS,THE PROSPECTIVE ADOPTERS WILL SEE THE BABY MORE OR LESS WITHIN A FEW HOURS OF BIRTH.

This will also be breaching the Kincare Clause by placing a Child with an immediate Family Member such as Grandparents, Aunties, Uncles, before foster care is explored.

Local Authority's have a mandatory obligation to consider using the Kincare Clause, before a Child is placed into Care, and placed with Foster Carers.

https://www.theguardian.com/society/2017/jul/10/babies-at-risk-of-a....

DO NOT AGREE TO SIGN A SECTION 20 ORDER, YOUR LEGAL AID WILL NOT BE GRANTED AT THIS TIME.


What social workers want from supervision

What social workers want from supervision : When moving from frontline social work to managing social workers, few tasks are as daunting as...

Michael D Innis Shaken Baby Syndrome


I am a pathologist and a hematologist. My qualifications are MBBS (Bachelor of Medicine) University of Madras 1942; DTM&H (Diploma of Tropical Medicine) University of Liverpool; FRCPA (Fellow of the Royal College of Pathologists) 1960 (Australia); FRCPath (Fellow of the Royal College of Pathologists) 1972 (United Kingdom). I have substantial experience in hematology and have had experience in interpreting laboratory results for over 30 years. I have been a part time lecturer in Medicine at the University of Queensland and have instructed candidates appearing for Fellowship of the Royal College of Pathologists of Australasia.

[2015 Oct] Shaken Baby Syndrome or Death by Vaccine? Doctor Speaks Out…by Chri...

[2010 March Letter] MMR Toxicity Explained by Michael D Innis

[pdf] Vaccines, Apparent Life-Threatening Events, Barlow's Disease,...

[pdf] Vitamin K deficiency disease by Michael Innis MBBS

[2008] Rapid Responses to Does cot death still exist?

[March 2008 SBS letter] Child Health Safety - BMJ Stifles Debate

[BMJ Aug 2002] History repeats itself (shaken baby syndrome)

[BMJ 22 March 2002] Misdiagnosis of “Shaken Baby Syndrome” by Michael D Innis

Shaken Baby Syndrome: Pitfalls in Diagnosis and Demographics By F. ...

Innis, SM. The role of dietary n-6 and n-3 fatty acids in the developing brain. Devel Neuroscience, 2000; 22(5-6):4740480.

Quotes
My paper on “Coagulopathy mistaken for Shaken Baby Syndrome” was rejected – it recorded the case of a child given six vaccines on the same day and who was ill with fever, irritability and diarrhoea the next day and was dead three weeks later. Death was certified to be due to the Shaken Baby Syndrome on the evidence of Pathologists, Paediatricians and Radiologists when all the haematological and biochemical evidence clearly indicated death was due to a coagulopathy following hepatic insufficiency and malnutrition. [BMJ Aug 2002] History repeats itself (shaken baby syndrome)

[2010 March Letter] MMR Toxicity Explained by Michael D Innis The truth is it is harming the children because as Wakefield and his colleagues have shown, some ingredient in the vaccine causes methymalonic acidaemia followed by cobalamine deficiency and consequently neurological lesions in genetically susceptible children. The government is blind to this and one way out of this dilemma it seems is for doctors to forgo the five pieces of silver and refuse to vaccinate children on the grounds that the oath they have sworn, "first do no harm" forbids such an action.

In April 2004, Michael D. Innis, the renowned Australian pathologist-hematologist and an expert on SBS, wrote in a communication to the British Medical Journal (BMJ): ". in spite of being repeatedlychallenged to document a single authenticated case of shaken baby syndrome or shaking/impact Injury, no one has been able to do so. All they are required to do to convince judges, juries, and those of us who regard the condition as a spurious diagnosis, is present a case which:
1. was not vaccinated within 21 days of the onset of symptoms;
2. was shown to have a normal coagulation/hemostatic system;
3. had no evidence of malnutrition, and was not artificial fed or premature, since these factors predispose to fractures .
If the numerous pediatricians, ophthalmologists, radiologists and pathologists, who have given evidence in courts in the U.K., U.S. and Australia, are unable to document a single properly investigated case,there is good reason to abandon the diagnosis." Shaken Baby Syndrome And Multiple Vaccinations: An Investigation By Red Flags Columnist, F. Edward Yazbak, MD, FAAP

They will have successfully demolished my explanation if they can document a single case of Shaken Baby Syndrome or “inflicted shaking/impact injury” (as they prefer to call it), which occurred outside the 21-day period and in which a disorder of haemostasis, nutrition, or liver disease was convincingly excluded.
I repeat, the diagnosis of Shaken Baby Syndrome or inflicted shaking/impact injury is a proven figment of the imagination of some in the medical profession and should be relegated to the scrap heap of history before it causes any more shame to the profession and disaster to innocent families. Source

To prevent death following vaccination Alan Clemetson's opinion is; "There are very rare instances of severe reactions or even death following the usual infant inoculations. Although such events are rare, we need to do all we can to prevent them.
Animal observations have shown that the blood histamine concentration is increased following the injection of vaccines or toxoids and this is most likely responsible for the problems.
Vitamin C supplementation is now known to reduce the blood histamine levels; it also reduces the mortality rates following inoculations, both in animals and in man.
It is suggested that inoculations should not be given to severely debilitated infants and that supplementary vitamin C should be given in orange juice, before inoculation, to any infant with coryza, and also to any infant or adult who is to receive an unduly large number of inoculations at one time.
Moreover, vitamin C should be given by injection whenever convulsions or other untoward events occur within a day or two after vaccination or inoculation."[1] Why not try Clemetson's suggestions - out of curiosity? ----Michael D Innis, [2008] Rapid Responses to Does cot death still exist?

ELSIE SCULLY-HICKS FAILINGS

MY CASE

Inspirational women of the year: Alison's son was snatched away after she was wrongly branded a child abuser...now she fights for justice for other mothers
By Laura Topham for The Mail on Sunday
UPDATED: 08:29, 16 April 2009

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The months Alison Stevens spent apart from her son still haunt her.
Twenty four years on, she cannot forget the pain she felt when social services took away her three-year-old without warning - or just cause.
Doctors should have diagnosed brittle bone disease when Alison took Scott to A&E with a broken leg. Instead, they decided he was being abused by his parents and put him in care immediately.
It took 12 long, tormented weeks for Alison and her husband, Andy, an electrician, to clear their names and win their son's return. The joy and relief they felt at having their family reunited was immeasurable. Alison was left so affected by the experience that she was determined to help other people fight similar injustices.
alison stevens
Wrongly accused: Alison Stevens
Since then, she has helped thousands of parents as the head of the national organisation Parents Against Injustice (PAIN).
'I will always remember the hurt and confusion I felt back then,' says Alison. 'It was horrendous finding Scott's hospital bed empty, then being told by nurses they thought we were to blame for his injuries. For months we had to visit him in a foster home when we desperately wanted to have him home.
'I am compelled to help other people because I understand what they are going through and how badly the system can work. This can happen to anyone and, when it does, you feel powerless.
'The toll it takes on you is indescribable - parents call me on the brink of suicide. But through PAIN I am able to help them get their children back.' While the agony still feels fresh to Alison, it was back in 1985 that her son Scott was put in care. He had been having a bath with his brother Lee, then five, when he tried to get out and slipped awkwardly, hurting his leg.
'Leaving him was like having my heart ripped out'
When Alison and Andy took Scott to hospital, doctors insisted he stay in for observation.
'Returning to the hospital that evening to visit Scott, I never suspected anything was amiss,' says Alison.
'But when we reached his bed it was empty.
'A nurse took us into a room and explained that social services had taken him away because his fracture wasn't consistent with an accident. The doctor said that we must have twisted his leg. I was distraught.'
Alison and Andy returned home, scared and confused, not knowing where Scott was and having no idea how they could get him back.
Through Yellow Pages, they discovered PAIN, a national organisation offering advice to parents wrongly accused of child abuse.
'I called them and cried down the phone,' she says.
'They were very comforting, and put me in touch with a solicitor, who specialised in child protection cases, and a doctor for a second opinion.'
The doctor asked whether Scott was small for his size and if his eyes had a blue tinge - both of which were accurate - then explained his symptoms sounded like brittle bone disease. Social services continued to refuse to let the couple know how the case was proceeding.
Then, two days later, police arrested Andy for grievous bodily harm. He was released 12 hours later due to lack of evidence. Yet it was two weeks before the family was finally told where Scott was and allowed to visit him.
An interim order granted them two hours' access, three times each week. 'His foster home was with a one parent family in a scruffy council house. It was a really rough, messy environment,' says Alison.
'When we said goodbye, Scott started screaming. He was asking why we'd sent him away and telling us he hadn't been naughty.
'Leaving him was like having my heart ripped out - I just wanted to take him home.' Alison was put in touch with a brittle bone specialist by PAIN as well as another family whose sons had been taken away in similar circumstances.
Then, three months after Scott had been removed, their solicitor called and said social services had admitted it could have been accidental. The following day, Scott was returned to his parents. 'It was wonderful having Scott back, but he was a changed child,' says Alison.
'In the past month, I've had three families reunited. That's the best news you can ever hear.'
'He was constantly angry, used terrible language and wanted everything straightaway.
'He had clearly grown used to having no discipline, and it took three years before he returned to the little boy we had known. And he still thought he'd been naughty, which was heart-breaking.'
But it wasn't only Scott who was left affected - Alison developed the inflammatory disorder Crohn's disease six weeks after Scott was taken, which she puts down to the stress she suffered as a result of losing her little boy. 'The worry was so bad it left me with health problems,' says Alison.
'Since then, I've had depression, a hiatus hernia and inflammatory bowel disease.'
The family waited a year for an appointment with the brittle bone specialist, who swiftly diagnosed the disease.
Yet Alison's experience left her wanting to help other parents, so she set up a support group in Leicester and started working with PAIN, looking after the Midlands and Yorkshire.
In 2002, the Department of Health - which had paid for three full-time paid workers - stopped funding PAIN and the organisation was forced to close.
But Alison was determined to reopen it and took over running it on a voluntary basis, in addition to her full-time work as a hospital nurse. She is now helped by two other people. Alison's achievements have been remarkable.
It was PAIN that pushed for the Parents Allowed in Case Conference Bill in the Nineties. This month, her three-year campaign with John Hemming MP to open up family courts will pay off, as journalists and charity representatives such as herself are finally allowed to attend case conferences, enabling greater public scrutiny of procedures.
She is trying to change the situation for enhanced CRB (Criminal Records Bureau) checks because any allegation remains on a person's file, even if social services take no action - 17,000 people are affected by this. But while Alison is proud of these campaigns, it is her day-to-day work with parents - 'Just being there to listen' - that remains most important to her.
'Just looking at my little granddaughter spurs me on.'
'When someone is in that situation, they want to talk to someone who can empathise,' she says.
'Last week, one woman who called was incredibly upset and, after speaking to me, said she had been thinking of suicide.
'In the past month, I've had three families reunited. That's the best news you can ever hear.'
Alison takes ten phone calls a day and responds to countless emails and messages asking for advice and guidance.
She regularly attends case conferences and court with parents. Fitting in this huge workload around full-time nursing is difficult.
Even on holiday in Egypt two months ago, Alison found an internet cafe and dealt with inquiries - though she still had 300 emails when she returned home. She feels indebted to the group.
'Without it, I might not have won back my son,' she says.
'Today, Scott is 27 and has his own baby daughter, Holly. Just looking at my little granddaughter spurs me on.'


Read more: http://www.dailymail.co.uk/femail/article-1170370/Inspirational-women-Alison-wrongly-branded-child-abuser-fights-justice-others.html#ixzz4xDxKBtuk

PAIN DATA PROTECTION LETTER 2

PAIN BRITTLE BONE LEAFLET

PAIN ADVICE LEAFLET

PAIN CASE CONFERENCE NOTES

MY CASE

PAIN MISSION STATEMENT