Protesters outside family court in sheffield against forced adoptionsystem taking hundreds
of babies for adoptioncampaigners are to renew an attempt to open up the proceedings of
family courts, after figures showed that the number of babies aged less than one week
being removed from their mothers has risen almost three-fold in a decade. more than 900
are now being taken and put up for adoption every year.adoptions of very young children
spiralled after targets were set in 2000until last month, it looked as though the system
would undergo a significant overhaul. ten days ago, however, lord falconer, who was then
the lord chancellor, seemed to have crushed an attempt to make family court hearings less
secret.now, with gordon brown as prime minister and jack straw as lord chancellor and
justice secretary, legal campaigners are newly optimistic of forcing a change.sarah
harman, a solicitor who has specialised in family law for nearly 30 years, said she would
step up her fight to open up proceedings. ms harman is the elder sister of harriet harman,
the new deputy leader of the labour party and leader of the commons. harriet harman was
justice minister until last week's cabinet reshuffle and has supported her sister's
campaign.the total number of children aged under a year taken into council care in england
before being adopted has also risen, by a similar rate, from 970 in 1996 to 2,120 last
year, figures obtained by the sunday telegraph show.advertisementth e increases come after
the government set targets for adoption in order to cut the number of children languishing
in foster care.family courts in england and wales hear 400,000 cases a year, mostly
divorces and child custody hearings following divorces. in 20,000 cases a year, councils
apply to the courts to remove children temporarily from parents who are abusive or
neglectful, often because they are addicted to hard drugs.the courts also rule on bids by
councils to put removed children up for adoption, which is irreversible. yet, while
criminal cases must be proved beyond reasonable doubt, family courts take decisions on the
balance of probabilities and unlike criminal courts, cases are heard in strict secrecy. a
mother whose child is taken from her commits an offence if she tells anyone outside a
tiny, approved list of people.john hemming, the liberal democrat mp for birmingham
yardley, who wants more openness in family courts, said of the latest adoption figures:
"we are seeing a massive growth in the forced removal of newborns from their natural
parents. babies are being taken into care merely to satisfy government adoption
targets."in 2000, tony blair set a target for councils to increase adoptions by 50 per
cent. town halls were promised cash rewards for reaching their goals. critics claim that
the target has given social workers a perverse incentive to break up more families. mr
hemming said: "there are clearly masses of miscarriages of justice, but ministers want to
prevent parents from campaigning against them by preventing these parents from talking
about their children after a case."this is fundamentally wrong. the secrecy in the family
courts acts generally to protect misbehaviour by some professionals, rather than to
protect children."the new figures show that, while adoptions of the very young have
spiralled, those for children aged seven and over have halved in england, from 100 in 1996
to 50 last year. figures for scotland and wales are not available.campaigner s were given
new ammunition last week by the case of mark and nicky webster, who fled the country to
have their fourth baby after they claimed they were wrongly accused of child abuse and had
their first three children taken into care four years ago.mr webster, 34, and his wife,
26, from cromer, norfolk, were told they could keep their fourth child, brandon, aged 13
months, after norfolk county council withdrew proceedings to take him into care.the couple
had fled to ireland for brandon's birth before challenging their county council. their
other children were taken into care after one of them suffered unexplained leg fractures.
the council has now conceded that the injuries might have been caused by vitamin
deficiency. it said it was no longer relying on the evidence which had suggested that the
fractures were the result of abuse.the websters are angry that because of the secrecy
surrounding their earlier proceedings, the case would not have become public had it not
been for their successful fight to keep brandon. they accept, however, that they will not
get their other children back because they were adopted two years ago.under the current
law, reporters and members of the public cannot attend family court hearings, see
documents, review evidence or obtain copies of judgments.sarah harman said: "social
services are the only department other than mi5 who undertake their work in complete
secrecy. it's not the welfare of the child that is being protected, it is the welfare of
social workers. this cannot be justified."family courts work for the community and should
be more open. family courts are very reliant on expert witnesses and there have been some
real concerns about some of this evidence being poorly researched and unreliable." in
2004, she and others set up families action for court transparency and openness
(facto).facto was formed a year before ms harman was found guilty of "conduct unbefitting
a solicitor" for passing confidential court papers to her sister. she was suspended from
practice for three months and resigned as a part-time judge. the papers related to a
client whose daughter was taken into care after alleged abuse. ms harman had not revealed
the identity of the parent or child to her sister but was punished after it was decided
she had misled the court.others seeking partial reform of the family courts include sir
mark potter, the president of the high court's family division, and mr justice munby, a
senior judge. sir mark said: "i share entirely the concern about complaints of secret
justice and lack of openness which i really believe the public would be assisted in
forming a view about if there were more publicity available. the press seems to me to be
the best safeguard of whether propriety is being observed."mr justice munby said: "the
balance currently held between the confidentiality and privacy interests of the parties
and the public interest in open justice, is badly skewed."lord falconer's refusal to lift
the secrecy surrounding family courts surprised many when he revealed a new discussion
document, "openness in the family courts", on june 20. this proposed tighter restrictions
on what can be said about cases. he admitted that there had been a change of mind after
consulting many groups, particularly young people. "the clear message was that the media
should not be given an automatic right to attend family courts as this could jeopardise
children's rights to privacy and anonymity," he said.david holmes, the chief executive of
the british association for adoption and fostering, said: "social services do not take
children into care to be adopted unnecessarily. it is dangerous to suggest that this is
happening.''-------- -------------------- ----------------it is happening and it is
dangerous to not not acknowledge that it is happening. this just goes to show the
corruption as report after report is showing the system is failing, 1000's of parents are
appealing to the high courts.
|
