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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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can I get help to appeal to the Human Rights Court . It is

Customer Question

can I get help to appeal to the Human Rights Court . It is about my grandchild who was put up for adoption by Bournemouth LA. We been have through all the courts and RCJ said that we can't appeal in any courts in England and Wales , We were told that our grandchild was now afraid of black people each time she sees black people in shops and cafes she cries saying are those black people going to hurt me. It was in the Psychologist report and in a meeting the Guardian repeatedly said to me [ I don't mean to offend you why is this child afraid of black people can you think of any reason why she doesn't like black people] she only stopped when the Independent Social worker who was appointed by the court to assess me and my family here and abroad told her to stop asking that question. I was offended I was deeply hurt. She racially abused me, my grand child is mixed race her mum is white and my son is black. The final report of the independent Social worker was that we should get a special guardian order for my grandchild. The judgements in all the courts was that although we loved our granddaughter much they didn't think it was right for us to have her she should be put up for adoption. The case ended 22nd May 2011. An advocate helped us to appeal to the Human Rights Courts in Strasbourg . We got a reply that the application was not put in properly Acts 47 . They sent us another form to fill in we need help to do this. My grandchild is 6years old and is in foster care. We want to stop this adoption.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why is the child in care and have prospective adopters actually been identified.
What was the reason for the form being sent back?
Clare
Customer: replied 2 years ago.

The child was taken into care because of domestic violence between the parents. No prospective adopters the child is still with the foster carers. The form was sent back because the form was not filled in according to rule 47 and they sent us another form to fill in.

Expert:  Clare replied 2 years ago.
Hi
Just to check - you were actually parties to the proceedings?
What is the basis of your appeal to Strasbourg?
Clare
Customer: replied 2 years ago.

we appealed to because My grandchild was put up for adoption after a social worker had promised us that the law is they only put a child if there is no family to care for them. They did not assess us ,The child was put up for adoption we appealed an Independent Social Worker was appointed by court who did a thorough assessment of my family here and in Zimbabwe


where we come from and his final report was we should have a special guardian order. In the Psychologist was my grandchild was now afraid of black people when she sees books with pictures of black children she shouts ni**er,ni**er. In a meeting with the independent social worker, my grandchild's social worker, guardian ,the foster mother and myself the guardian repeatedly said to me [ I don't mean to offend you why is this child afraid of black people, can give us a reason why she hates black people so much] This is racial abuse. a violation on my rights. My son and his partner never consented to the adoption. Our grandchild was denied the right to be with her family, we were denied the right to care for our grandchild. without giving reason why. This is an abuse on our rights and our grandchild's rights.

Expert:  Clare replied 2 years ago.
Hi
When did the child go into care and which court last heard the matter?
Clare
Customer: replied 2 years ago.

My granddaughter was taken into care in February 2011. The matter was last heard on the 22nd May 2014 at The Royal Courts of Justice.

Expert:  Clare replied 2 years ago.
Hi
What was the nature of the last hearing?
Clare
Customer: replied 2 years ago.

Hi Clare


Order made by the Rt Hon Lord Justice Ryder on 22 May 2014 .


Decision refused as being totally without merit and the applicant may not request the decision to be reconsidered at an oral hearing.


The order made by the Magistrate on the 7 July 2011 was not opposed by the parents. The application for permission to appeal to this court has been refused .No appeal may be made against this decision to the Supreme Court of the United Kingdom : see s54 [4] of access to Justice. The parties have exhausted the domestic appealing proccess.


 


The parents of my grandchild told their lawyers that the did not want the child to be put for adoption .They put it in writing that they didn't want the child put up for adoption they wanted the child to remain in the family.


This was never put by the lawyers to the Magistrate . They were never asked in court by the Magistrate if they wanted the child adopted. The final hearing was 17 18 19 August 2011 that never went ahead . They asked their lawyers why they didn't put their wishes to the magistrate and were told the case is not over yet there is a final hearing . you can oppose the decision .

Expert:  Clare replied 2 years ago.
Hi
Did they give any indication what was wrong with the form?
Are both the parents making the application?
Clare
Customer: replied 2 years ago.

An advocate made the application on behalf of my son.The reply.


Our Ref 31855/14. The Registry has received your correspondence on behalf of Mr Tinashe Chipangura you have not complied with requirements set out in Rule 47 of the Rules of Court.


The application form does not contain any statement on compliance with admissibility Criteria [exhaustion of domestic remedies and /or six-month rule] set out in Article 35 1 of the Convention.


Copies of all relevant documents relating to decision or measure complained of have not been submitted in particular you have not provided a copy of the order and transcript of the County Court decision refusing an extension of time and permission to appeal following an oral hearing on the 26 February 2014.


As a result your complaints cannot be examined by the Court. Please note that no documents or submissions you have provided have been kept.


You are also advised that the submission about alleged violations by far exceeded the space allowed for a purpose on the application form. In any future application you should provide a summary of this space not more than one page.


If you wish the Court to examine your complains you must submit a complete and valid application form with supporting documents as required by Rule 47.


To find out how to make a valid application you can visit the Court's website where the process of lodging an application is explained.


I should remind you that the six month period reffered to in Article 35 1 of the Convention is interrupted only when a complete application is set to the court.


 


They sent us another form and a booklet with this letter to fill in.


 

Expert:  Clare replied 2 years ago.
Hi
So they have in fact told you what further information you need - and reminded you of the time limit.
Have you asked the person who prepared the application to revise it?
Clare
Customer: replied 2 years ago.

Hi Clare, yes we asked her to fill in the form again the correct way. she said we have to get someone more qualified to do it for us . She said she can't do it she will only make more mistakes. We need help with someone


qualified.

Expert:  Clare replied 2 years ago.
Hi
This is a very specialised area and as you are aware you need to complete a valid submission by 24th November.
You could ask these groups
http://www.frg.org.uk/
http://www.parentsagainstinjustice.org.uk/index.html
If they have anyone who can assist - or you can instruct a Direct access Barrister
http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
to draft it.
The actual requirements are here
http://echr.coe.int/Documents/Rule_47_of_the_Rules_of_Court_2014_1_ENG.pdf
O hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare, Can you please get a lawyer or barrister who can assist us with this appeal , this is the help we need from you. All the the law firms we called are telling us that they don't do appeals to the Human Rights Courts.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that this is a simple question and answer forum so all I can do is signpost you to people who may be able to help.
The two groups I gave you links to may well be able to direct you to barristers they work with who are willing to assist you
Clare

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