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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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. I need to know what form to use to request a judicial

Resolved Question:

. I need to know what form to use to request a judicial review of child protection proceedings.
Also, I need to rely on evidence held by my child's school but they won't disclose it (because they lied to social services) so how can I request Court to make them disclose it?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please
Clare
Customer: replied 2 years ago.

It is quite complicated. My daughter has chronic pain syndrome and she was not diagnosed, the school didn't believe she was sick, they told social services who couldn't find evidence of abuse so they ,made it up. There were so many lies. Our children - all 3 of them - were put on a child protection plan, and then they said some parents at the inpatient unit my daughter was at said my husband used the word C*&T in front of the children (he didn't). We don't know if the hospital made this up or if the other parents made it up. Anyway, the social worker got very excited and called a professionals meeting which we weren't invited to to discuss the sexual abuse that he decided was going on, (it wasn't) and I called a lawyer who said I can't get legal aid, but if it was his kids he would be on the first plane out of the UK. So I put my children on a plane and we left the UK. They live in Portugal now. There is a port alert in place so if they come to the UK they could be taken away from me. I have to work in the UK because I can't find a job in Portugal. My husband can't work anymore because he was teaching and the social worker called the college. The social worker spoke to our friends, people in the village, people who hardly know us. More lies came out - I dont know if this was from the social worker, or my previous friends. They failed to follow process, they failed to provide accurate information and the result of their campaign based on nothing at all is that my children are separated from me and I have already lost one job because they heard about the child protection plan. I am a manager in the NHS. I hardly see my children - just 2 or 3 days every month. I want to clear my name and I want them to compensate my children who are so traumatised. Two of them have to see a psychiatrist, with PTSD and panic attacks.. My littlest is 4 and is coping the best. I want to get the school to give me all the information they have. They said they don't have to because it could harm my daughter. I wrote to the High Court to ask to force the school but they said I used the wrong form (part 8) and sent it back.

Expert:  Clare replied 2 years ago.

May I ask where you found the lawyer you called who gave such odd advice (legal aid was a given in these circumstances)?
Clare
Customer: replied 2 years ago.

Clare

I was advised by someone on Mumsnet that he usually wins these cases. Actually it made sense. This is Wiltshire, a failing local authority with a desire to meet adoption targets. My youngest was 3. I knew that once they removed my children I would get legal aid, but they would then have my children least 3 days. I was pretty sure the Court would make them give my children back but I could not take the risk. One of my children was very sick, but the social worker didn't believe she was so they would not have taken care of her. The other was so little. My eldest would have been ok. But after telling the lawyer all of this he said he would leave as quickly as possible because they were on a witch hunt. I had lots of evidence to show that my daughter was genuinely sick but they wouldn't even look at it.

Expert:  Clare replied 2 years ago.

In fact you are entitled to free legal aid BEFORE they remove the children
OK the trip to Portugal has not helped your case - but there are ways through
What is it that you think the school holds?
Clare
Customer: replied 2 years ago.

The initial referral came from them. I don't know why the initial referral was made. I believe that they made it up because they didn't want my daughter in the school because they didn't have a plan to cope with her wheelchair. They said that releasing the information would harm my daughter, and if they hadn't lied there is nothing that would harm my daughter. She is 13, and very sensible and aware of her own condition. The social services reaction was so out of proportion to the information I have seen that there has to be fabricated information. They didn't like that I said they were illegally excluding her from classes because they wouldnt let her attend classes and just dumped her in the library all day. They didn't believe that she had a medical plan which said she should attend school hours a day, even when the paediatrician himself told them so.

Expert:  Clare replied 2 years ago.

Oh almost certainly they reported is as "Fabricated illness" (previously Munchausen's by proxy) - CPS and any number of the invisible illnesses are always seen as that - especially when the patient is a teenage girl
I personally believe that CPS is one of the worst sort of attitude
The question is how would evidence of that change your current position?
How old are all the children now and how long have they been in Portugal
Was the solicitor you spoke to local to you?
Clare
Customer: replied 2 years ago.

The solicitor was in Birmingham. The evidence would mean that I could provide proof of malicious intent in the initial referral, and provide proof against the lies that they told. I know no-one has ever done this before but I want my name cleared. Because I work in the NHS the accusations have followed me in each assignment and I have lost one contract because of them. My husband can't teach any more. My children are not interested in living in the UK any more due to their post traumatic stress disorder related to these accusations but they can't even come and visit me so we are separated more than we need to be. I want the port alert lifted so they can travel without fear. I also want them to clear the record so it doesn't ruin our future. The children have been in Portugal since 13 November 2013. They are now 18, 13 and 4. Which means I have 14 more years of worrying about this, until my littlest is 18. This is unbearable, seriously. Even taking out the emotion, it was wrong to do this. But what they cost us is so enormous, it is literally unbearable. We will never be okay again. We are all so traumatised.

Expert:  Clare replied 2 years ago.

I can only imagine how traumatic it must be
Which is the child with the CPS?
Clare
Customer: replied 2 years ago.

My middle daughter - she is 13. She fell ill at 8, but was not correctly diagnosed until 2013. Also she has suspected interstitial cystitis which leads to blood in the urine but is not a childhood disease. So I can see why they thought of fabricated illness but I gave them evidence of her diagnoses. They didn't even open the file. They wouldn't even read it. My eldest has depression, linked to guilt because she wouldn't let herself enjoy her abled body while her sister was disabled. My littlest is fine.

Expert:  Clare replied 2 years ago.

I wish your case was unusual so far as the court was concerned
Have you made a formal Freedom of Information request records?
Clare
Customer: replied 2 years ago.

Clare. No, because that doesn't cover personal information, only corporate information. I tried a subject access request which they declined, and then I asked the Information Commissioner to intervene but they said that they have no jurisdiction over academies, and they can decline to share if they feel that it will cause harm to my child to disclose. Frankly I think they would be hard put to argue in Court that disclosing the information would harm her more than isolating her from her schoolmates and jettisoning her in the library because they spent the disability budget on laptops, but maybe that's just my lack of objectivity.

Expert:  Clare replied 2 years ago.

I know how very selfish of you to think that the disabled budget should be spent on the children with disabilities.....(you may be know have realised that I too had a child at school with an invisible illness)
I do not mean to quibble but the Freedom of Information Act does apply to personal information held yt Academies
http://www.legislation.gov.uk/ukpga/2000/36/schedule/1
Equally they have to justify any claim that releasing information would harm the child
It mat be that in fact you did exhaust this option - but I need to check
Clare
Customer: replied 2 years ago.

Clare. Thank you!!!! I'm so used to being told that I can't, I can't, I can't that to have it confirmed that I can is wonderful. I will get on to that right away.

I will still need to know which Court to direct my application review to, and what form to use. I used part 8 form but it was sent back from the Court who said it was the wrong form.

Expert:  Clare replied 2 years ago.
Avril
Baby steps remember - so just to check - do you mean you have not gone the full FOI route yet?
Clare
Customer: replied 2 years ago.

Clare. I was told that FoI was only information so I went the Data Protection Act route. I have just sent the school a letter demanding the information under the FoI Act or an adequate justification it.

I'm not stupid or uneducated (which was considered more evidence of my guilt as a Munchausen Mummy, apparently) but I don't know what I am doing with this case.

Thanks kind words. I hate that mums like us have a hard time getting the right kind of treatment whether educational or medical children.

Expert:  Clare replied 2 years ago.

You are neither - you are an exhausted and terrified mother who has been lost in a minefield.
So your starting point is Freedom of Information Act and acquiring the information.
HOWEVER whatever you receive there will be no evidence of any malicious intent - it will simply be confirmation of what you know that you were seen as being the cause of or contributing your daughters hysterical illness
However it is still a step that you need to take.
We also need to look at the medical evidence.
What medical evidence do you have?
Clare
Customer: replied 2 years ago.

Clare

I have letters from a consultant paediatrician, a consultant nephrologist and two specialists in chronic pain. I can also get a report from my eldest daughter's previous psychiatrist if that would help. I could get reports from their current doctors to say there is no evidence of any abuse, but plenty of evidence of their conditions.

Thanks,

Avril

Expert:  Clare replied 2 years ago.

Were any allegations made about the older daughter?
Clare
Customer: replied 2 years ago.

They said she was "damaged" due to emotional abuse which led to depression. she was subsequently diagnosed with Aspergers. There is no evidence to support any of those allegations. She was depressed but that's normal in a teenage sibling of a very sick child.

Expert:  Clare replied 2 years ago.

Absolutely true (not that you need me to confirm it)
have you had any ongoing contact from Social Services?
What triggered the CFS?
Clare
Customer: replied 2 years ago.

Clare

Social Services have closed the case because they can't get their hands on the children. But the port alert remains in place so if they come back they will be taken away from me.

They think that Xani became ill when she was bullied at school and then her best friend was run over by the school bus at the school and he died. It hit her very hard. She cried , and she still does 5 years later.

She was treated Disease at that time, then she got what we were told was ME, but after some years of trying to treat that she saw an ME specialist who diagnosed chronic pain syndrome.

Thank you so much continued interest. I realise this is not a quick and easy answer .

Avril

Expert:  Clare replied 2 years ago.

Did she test positive ?
Clare
Customer: replied 2 years ago.

Clare. She gave an inconclusive result so she may have had Lymes and she was treated but her medical notes say it may have been glandular fever.

Expert:  Clare replied 2 years ago.

Is she Hypermobile by any chance?
Clare
Customer: replied 2 years ago.

She is not at all hypermobile. She is like the tin man! She has dystonia from her contracting muscles. She has had to be so brave to keep using her feet because they want to turn inwards and upwards which is very painful.

Expert:  Clare replied 2 years ago.

I know CPS is a diagnosis in its own right BUT given the dystonia and the other symptoms is there any other rare cause it could be
(Sorry I know this is not legal but so often CPS is simply part of something else - pet project of mine)
Clare
Customer: replied 2 years ago.

Clare

We're pretty sure it is just CPS and her kidney problem. And of course PTSD now.

She's had a lot of investigations and other things have been ruled out.

I'm so relieved that you know what I'm on about!

Expert:  Clare replied 2 years ago.

Interesting background reading on the subject
http://pediatrics.med.nyu.edu/nephrology/content?ChunkIID=11743
It is yet another one of the invisible illnesses
https://www.youtube.com/watch?v=FXkNC1CuaQ
https://www.youtube.com/watch?v=-0OzelYuWCs
Right ok
You are working on the Freedom of Information Act
You need to work on the Medical Dossier - and identify an expert here in the Uk who you can ask to review her medical notes
http://theharleystreetclinic.co.uk/consultants/gynaecology/mr-vik-khullar
is a very lovely man - no idea if he would do this but he could be a start
Once you have all of this then you need to arrange to visit the Director of Child Services discussion (NOT on your own)
At that point you may wish to get a barrister's opinion on the best way forward - a Human Rights application may be a better option that one is a little above my experience but when the time comes it will be possible to identify one such as
http://coramchambers.co.uk/barrister-profile/jane-drew
http://www.3pb.co.uk/profile/gemma-chapman
I know these are not final answers - but I hope that it gives you your starting point
Please stay away from the daily Mail!
Do ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you so much. It means the world to me to have some direction.

Thanks again,

All the best,

Avril

Expert:  Clare replied 2 years ago.

You are welcome - do let me know how it goes- although it will be a long journey
Clare
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