The latest Justice for Families Newsletter - from John Hemmings MP
Thursday, April 16th, 2009For a number of reasons the JFF newsletter has not been sent out recently. There have been many more stories about the failures of the Public Family Law system in England and Wales and this newsletter does not contain Ali’s media report - which would otherwise be much bigger.
List Server
This is the first newsletter to be sent using a list server. It allows people to independently subscribe to and unsubscribe from the newsletter. The Liberal Democrats have kindly allowed JFF to use the Lib Dem list server for this newsletter. That does not mean that there are any formal links between the LIb Dems and JFF, merely that the servers are being used.
Family Proceedings (No 2) Amendment Rules 2009
http://johnhemming.blogspot.com/2009/04/family-proceedings-amendment-no-2-rules.html
The new rules on Family Court proceedings are out and can be looked at via my weblog entry which looks at the issue in more detail. There is no greater freedom for the press to talk about the proceedings and I cannot see many journalists wishing to go to court if they are at risk of imprisonment if they talk about the issues. It also does not allow second opinions.
Edge TV report
A satellite TV channel ran a 1 hour 40 minute programme talking about problems with the family courts that can be seen here.
http://johnhemming.blogspot.com/2009/03/theo-chalmers-john-hemming-edge-media.html
Mental Capacity in the European Court
There are now two European Court cases relating to Mental Capacity. In both cases the case has got to the European Court without a second opinion, but we now have a second opinion which demonstrates that the initial opinion was wrong. This issue is so shocking that it takes some time for people to recognise what is going on.
The RP case has also had a second trip to the Court of Appeal
http://www.familylawweek.co.uk/site.aspx?i=ed32969
and will be going to the European Court a second time.
I have written to the President of the European Court to identify what can be done to get the European Court to use Article 39 measures.
Article 3 - inhumane treatment
We are looking at using Article 3 in the European Court using the precedent in case 38000 in respect of “inhumane treatment”. It is quite clear that the way in which the courts in the UK act is inhumane. The legal question, then, is whether it is inevitable.
Appeals
We are looking to enhance the number of appeals that go to the European Court. This will involve training up advisors on how to prepare the documentation. We need to expect the arguments to be rejected in the Court of Appeal first.
Administrative Courts Outside London
On 21st April 2009 branches of the Admin court are opening up outside London. That will make submitting papers much easier.
Delays in judgments
We have put formal complaints in about delays in providing judgments in the court of appeal. This is to the office of judicial complaints. The new rules will allow a lot more activity on sorting out bad practise.
Campaigning
Now that the details of the proposals on the courts are clear it makes campaigning more straightforward as we know what we are arguing for (in that the government have hoodwinked people). We will be looking to do some street theatre outside the courts particularly relating to the mental capacity issues. When parliament starts again in April I will table some new Early Day Motions.
Agony Aunts and Journalists visit the House of Commons
Sue Reid, Camilla Cavendish and Denise Robertson spoke to a group of MPs. A bad video recording is available here.
http://johnhemming.blogspot.com/2009/02/agony-aunts-and-journalists-bad-video.html
“Justice for Families” event organised by Cassell Hospital
Roger Kennedy of the Cassell Hospital organised an event which was unique in involving people from within the system as well as those critical of it. There are video recordings and a copy of my presentation is available
http://johnhemming.blogspot.com/2009/03/roger-kennedy-of-cassell-hospital.html
http://johnhemming.blogspot.com/2009/03/casselltimes-justice-for-families-event.html
Training on court procedures
We held an event in London for advisors and MPs researchers. This was videoed
http://johnhemming.blogspot.com/2009/03/justice-for-families-meeting-mps.html
Joint working with FNF
We are working on a book to be published jointly with FNF on family law issues.
International Hague Convention Proceedings
We are following two key cases in Ireland at the moment where the UK State is trying to remove one or more children from a family in Ireland. One is going quite well and the other reasonably well. I have thanked Irish MPs (TDs) for their support of the refugees from England.
Contempt of Parliament
We are working towards proceedings for contempt of parliament against local authorities and judges that threaten parents who speak to MPs. It is unclear what is going to happen here as yet.