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Darlington council strongly criticised for taking child into care due to father's past EDL membership, and underage sex police caution

43 replies

AgaPanthers · 18/02/2015 01:26

Basically: mother in prison, father appears to be a good father, but social workers said he was 'deeply immoral' because he had at one point joined the EDL, and also had accepted a police caution for sex with a 13 year old girl, when he was 17. Hence Darlington Council attempted to have the child adopted.

The judge was very critical and said that the council should have been concerned with the welfare of the child, and not determining over the father's 'morality'.

www.darlingtonandstocktontimes.co.uk/news/11798923.UPDATED__Darlington_Borough_Council_slammed_by_top_judge_for_its_handling_of_family_custody_case_as_chief_executive_accepts__full_responsibility_/

OP posts:
AgaPanthers · 18/02/2015 02:13

Here is the actual ruling.
www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWFC/HCJ/2015/11.html&query=munby&method=boolean

Typically, the complexities of the case have been turned into simplistic clickbait by the media.

The actual case is rather more complex - what it boils down to, is that the child was born while the mother was in prison, and the social worker assigned to the case was grossly underexperienced and underqualified to handle such a complex case, and from that point onwards the council did a completely inadequate job and acted inappropriately when dealing with the father and the rest of the child's family, always starting from the assumption that they were dishonest, without actually making any attempt to find or prove any facts. As such, any decision to taken to put the child in care was unjustifiable, even if, had they done their job properly, they might have succeeded in doing so.

Moreover, the Children's Guardian, while claiming in court to have found the social work done to have been 'appalling', in fact prior to appearing in the High Court, was only concerned with having the child adopted as swiftly as possible, while he was still a baby.

The social worker does not appear to be entirely literate, nor particularly capable of tying the relevance of past behaviour to the care proceedings:

"[He] advised he met the girl at a local football match and went back to his friend's house with her whereby they had consensual sexual intercourse with one another. [He] advised at the football match, the girl was purchasing alcohol and therefore he was under the impression she was eighteen years of age. [He] did not see the relevance of discussing the offence and appeared to minimise the severity of the incident."

"[He] continues to advise the assessing social worker that he feels 'Social Services are chucking his history back in his face'. [He] further states that 'The police didn't charge me with it so why does it matter to you, I wasn't charged with anything'. Comments like such indicate to the assessing social worker that [he] fails to acknowledge the immoral nature of the offences he committed. This is not to say that [he] poses a risk to adolescent girls/children in light of his offence as the assessing social worker acknowledges [he] was 17 at the time and some, eight years have passed since the offences were committed and there has not been any further issues raised by professionals. What is of concern however, is although [he] admits that he committed the offence he evidently distorts the inappropriateness of this behaviour. [He] is unable to recognise that the offence was in effect, sexually abuse of a child nor is he able to recognise the impact of his actions upon the victim. This is concerning as [he] does not feel change is required and therefore he has a limited capacity to change his attitude, and in effect, his behaviours toward vulnerable young women. His non acceptance of the concerns ultimately makes it difficult to assess the current risk he poses"

The judge said:

OP posts:
AgaPanthers · 18/02/2015 02:36

'First, what is the relevance of the assertion that the offence he committed was "immoral"? The city fathers of Darlington and Darlington's Director of Social Services are not guardians of morality. Nor is this court. The justification for State intervention is harm to children, not parental immorality. Secondly, how does any of this translate through to an anticipation of harm to A? The social worker ruminates on the "current risk he poses" to "vulnerable young women"? What has that got to do with care proceedings in relation to the father's one year old son? It is not suggested that there is any risk of the father abusing A. The social worker's analysis is incoherent.'

'Many children, unhappily, have parents who are far from being good role models. But being an inadequate or even a bad role model is not a ground for making care orders, let alone adoption orders.'

Continuing, he joined the EDL in 2013, the social worker saying:

"[He] advised he was previously an active member of the English Defence League however, that this was through naïvity and not having a comprehensive knowledge of the beliefs of the EDL. [He] advised he left the EDL shortly after becoming involved when he realised this group was racist. I challenged [his] understanding of the EDL to which he evidently minimised, [he] advised before the 'new leaders took over there was nothing wrong with the EDL."

". [He] advises to his knowledge he was in this group for a couple of weeks, he then became aware of the violence and inappropriateness of this group and made the immediate decision to 'cut all ties' with this group. The English Defence League is a racist organisation whose main activity is violent street demonstrations against the Muslim community. Although it claims to only oppose Islamic extremism, the EDL appears to target the whole Muslim community and its actions deliberately seek to create and practice tensions and violence between Muslim and non-Muslim communities. It is therefore highly debatable that [he] naively joined such a group out of curiosity and perhaps he follows those beliefs of his fellow, EDL members. Naturally, individuals are entitled to their own views and beliefs, including views regarding other religions however, the distorted thinking of those within the EDL is barbaric and their actions inappropriate. Therefore the mentality of those involved has to be brought into question. Equally, A requires positive role models within his life in order to ensure he is able to make a positive contribution to the world, one that does not promote crime and violence."

"the immoral nature of the values and beliefs of members of the EDL and the violence within the protests EDL members engage in is inappropriate and supports inflicting violence injury to innocent members of the Muslim heritage …
… it is commonly known that this barbaric protestor group promote ignorance and violence in respect of the muslim community … By all means, the assessing social worker supports equality, difference of opinion and that not all races and cultures agree with one another's beliefs and views. What cannot be condoned however is expressing these beliefs through violence, irrational behaviour and inflicting physical and psychological pain against others due to their religion, the core beliefs and subfocus of the English Defence League. e. A should reside within an environment that supports difference, equality and independence. He needs to be taught how to express his views systematically and in a socially acceptable way. A should not reside within an environment whereby violence is openly condoned, supported and practiced. [The father] and J need to appreciate this is the twenty first century, the world is a diverse place whereby all individuals should feel accepted, regardless of their ethnic background, race and origin."

Which is all very well, but it seems grossly naive and/or incompetent for a social worker to assert that every child must grow up in Sharing+Caring paradise.

The judge adds:
" Membership of an extremist group such as the EDL is not ... any basis for care proceedings." "That the local authority should have thought that it could, and that its case should have been expressed in the language used by SW1, much of it endorsed by TM, is concerning." [TM is the social worker's team manager]

He concludes:

"I can accept that the father may not be the best of parents, he may be a less than suitable role model, but that is not enough to justify a care order let alone adoption. We must guard against the risk of social engineering, and that, in my judgment is what, in truth, I would be doing if I was to remove A permanently from his father's care."

and adds that the initial social worker, quoted above, was completely useless, and those responsible for reviewing her work, namely her replacement (as she was on maternity leave), the team manager, and the Children's Guardian, devoted almost no time to doing so, essentially rubber-stamping it without questioning it.

He also says, that given that the council had committed an abuse of the law in taking the child into care after his birth, but then failing to arrange care proceedings for a full nine month - when in reality such periods of care should not last more than a few days.

He finally concludes that the blame for all of this lies firmly with the senior management at Darlington Council

"Only SW1, SW2 and TM were exposed to the forensic process, although much of the responsibility for what I have had to catalogue undoubtedly lies with other, more senior, figures. Why, to take her as an example, should the hapless SW1 be exposed to public criticism and run the risk of being scapegoated when, as it might be thought, anonymous and unidentified senior management should never have put someone so inexperienced in charge of such a demanding case. And why should the social workers SW1, SW2 and TM be pilloried when the legal department, which reviewed and presumably passed the exceedingly unsatisfactory assessments, remains, like senior management, anonymous beneath the radar? It is Darlington Borough Council and its senior management that are to blame, not only SW1, SW2 and TM. It would be unjust to SW1, SW2 and TM to name and shame them when others are not similarly exposed."

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MiscellaneousAssortment · 18/02/2015 02:57

I saw this post and thought 'here we go again' at the inflammatory title. However I've just read it on the BBC news site so I think it's more accurate than I first thought!

It's a difficult subject though as it's hard to avoid falling into the social worker as child snatcher/ bogey man. I'm glad they didn't name the individual social workers involved for this reason. But I'm also very glad the system worked and the bad decision making of social services was stopped via a viligent and impartial judge. Checks and balances are needed, and in this case it worked. I take comfort from that.

DoraGora · 19/02/2015 15:55

I like the fact that the judge is making a case against the anonymity of uninvestigated, but doubtless responsible senior managers and the council's legal team. Bureaucratic failings are all too often ignored or made the focus of some review which is not published until it's too late to be of any use.

cdtaylornats · 19/02/2015 23:01

Perhaps as the social worker appears to be incompetent and have certain biases against certain legal political parties (and apparently a detailed knowledge of their working and aims) then as they have recently given birth then their suitability as a parent should be examined.

rinabean · 19/02/2015 23:05

This reply has been deleted

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850Pro · 20/02/2015 14:32

a 17 year old that had sex with someone he thought was 18 but was 13 is a child fucker?

SunnyBaudelaire · 20/02/2015 14:37

I do not think a 17 year old having sex with a 13 year old that he thought was older is a 'child fucker' why do people have to be so sensationalist?

Stealthpolarbear · 20/02/2015 14:40

Well yes
If the cap fits

prh47bridge · 20/02/2015 15:14

He says that the girl was buying alcohol at a football match and he therefore thought she was 18. No evidence to the contrary was offered. The offence took place 8 years ago. There is no evidence to suggest he has committed any further offences. Even if he does pose a risk to vulnerable young women (which the judge appears to doubt) it does not make him a risk to his son.

Yes, having sex with someone below the age of consent is illegal although the penalties where the offender is under 18 are much lower than the penalties for older offenders. Where the sexual activity was consensual it is a defence if the victim is at least 13 and the offender reasonably believes that the victim was 16 or older. So it is quite possible this man would have been acquitted had the case gone to court.

Being convicted of an offence does not automatically prevent you caring for your children. It is only relevant if the offence shows you are a risk to your children.

Stealthpolarbear · 20/02/2015 16:08

i accept he thought she was plder, for what sounds like good reason
doesnt change the face he had sex with a child

850Pro · 20/02/2015 17:22

Stealthpolarbear, you must be a very sad little person in life.

Stealthpolarbear · 20/02/2015 17:23

thanks for that :)

lemonmuffin1 · 20/02/2015 17:28

i accept he thought she was plder,

what does that mean?

Stealthpolarbear · 20/02/2015 17:30

typo
older
sorry ipad very difficult to use

lemonmuffin1 · 20/02/2015 17:30

'doesnt change the face that he had sex with a child'

Also, what does that mean?

Stealthpolarbear · 20/02/2015 17:33

what bit

Stealthpolarbear · 20/02/2015 17:35

what bit of me calling someone ho haad sex with 13 year old "someone who had sex with a child" are peole getting outraged by
?

Stealthpolarbear · 20/02/2015 17:36

lemon there are no typos in that bit
it is as it reads

Stealthpolarbear · 20/02/2015 17:38

other than a missing apostrophe
doesn't

lemonmuffin1 · 20/02/2015 17:38

face?

Irelephant · 20/02/2015 17:39

This is very local too me. Agree with stealth though.

Stealthpolarbear · 20/02/2015 17:42

well sptted, fancy a job as my proof reader? ;)
local to me too

ihatethecold · 20/02/2015 17:44

I had underage sex when 15 with lads older than 18.
I wish I hadn't now, but no one forced me into it.
They certainly shouldn't be investigated for underage sex.

Stealthpolarbear · 20/02/2015 17:54

re people denying he hhad sex with her (fine if you know more than is reported)
or denying that a 13 year old is a child? in whihc case well have to agree to disagree

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