Lynda Mac

Monday Morning, and I hit the keys before a cuppa T this morning , this week is going to be very busy for me and for other cases. I have to say Mr White in Suffolk SS looks ill last time I saw him lying on tv about children in care …….  If somebody gets time can you ring or e-mail Julia Brophy et all for the  statistics and send her a link to the ITV interview.Open letter to MP & GMC Caseworker & Luton  legal team Jenny Lennon ,Mr Dean Head master  .

Dear All ,

To all interested parities for court please feel free to include team manager of LAC 3   Pamela Marsh  Julie Tadd and especially Sharon Andrews who I find gave an order to stop contact , please also include & Cafcass  officer retired Dale Wood . Please note I will use this penal warning concerning the breaking down of my contact and the behaviour of the social workers  Yvonne Crawford  who  were so  abusive to my son in Cambridge Street which the action was not called for .I made a decision to stop contact  in a supervised setting. The Supervised contact has no bearing upon me receiving current monthly medical information concerning C this is what I will be dealing with for court . The risks now the child is older should he come out of remission from ALL T cell leukaemia .

When I am finished dealing with the complaints for the GMC and the decision is back in from them I will take this back to court on all contact matters for a right to leave a genetic key  for C . I will give many examples of statements put before the court were  the Local Authority said they would keep me updated about his medical progress and did not do this. Then the father who got custody also did not inform me about any current update of C’s health or progress, instead I am going to highlight how mr M and the Luton Local Authority and also Judge Mac Gregor  covered up when Dr Sturge said it was ONLY  a hiccoup when medication was not given to him. I will want more than an apology from the LA for the stress it has caused me to have a senior social worker Julie Tadd got away  with lying about my son’s medical history  Addenbrookes evidence going over to GMC will indicate change your attitude or we will not work with you !.

Moving on now ,more  evidence with be backed up by a doctors report  Dr Siva Kuma for court stating the child was well and should not be kept way from contact or treated any other way than like any other normal child.

I have leave to now return back to court  on specific issues concerning this issue which is a general public interest matter when dealing with cancer patients the professionals must take care to get the data & facts right.

I trust this paperwork is based on events it is witnessed by professionals and it has been all put before a court and so far this is the ultimate  result  of 1 parent (DNA half is missing ) being marginalized by a trial by expert witness rules  a paper written by Danya Glaser & Clare Sturge on emotional harm . If facts were checked out for court and my ex-partner’s passport details would show he was abroad for many months of the year working as an itinerant worker on the buildings.

I would like to say all of these facts were overlooked  in favour of a perverse reversal of custody to a violent father .

Just to remind you that this  case is being retained to Nasreen Pearce who has come out of retirement to deal with this matter I look forward to seeing you all back in court .

Yours sincerely

Linda McDermott

CHILDREN — Orders with respect to children — Contact order — Child in interim care of local authority and living with foster parents — Order to maintain contact with stepfather and half brother — Guardian not complying with order — Whether contact order enforceable by committal — Whether local authority in contempt of court if order not obeyed — Whether circuit judge needing to assume powers of High Court judge — Whether jurisdiction to attach penal notice to order — Children Act 1989, s 34 — Family Proceedings Rules 1991, r 4.21A (as substituted by Family Proceedings (Amendment) (No 5) Rules, r 88) — CPR, Sch 2, CCR Ord 29, r 1 In re B (Minors) (Contact Order: Enforcement); [2009] WLR (D) 73 CA: Thorpe, Wall and Moore-Bick LJJ: 27 February 2009 A contact order made under s 34 of the Children Act 1989 in the county court was enforceable by committal for contempt of court, and the court had jurisdiction to attach to a penal notice directed to the local authority in whose care the relevant child was. The Court of Appeal so held when allowing an appeal by the local authority against the decision of Judge Nasreen Pearce, sitting in the Luton County Court on 16 and 23 October 2008, to attach to a contact order made in public law proceedings under s 34 of the Children Act 1989 a penal notice addressed to the local authority stating that, if the order were not obeyed, the local authority would be in contempt of court and the officer responsible for the implementation of the order might be sent to prison. The order required that contact be maintained between a child, who was in the interim care of the local authority and living with foster parents, and her stepfather and half brother. WALL LJ, giving the judgment of the court, said that the judge had the power to enforce by committal the order for contact. R 4.21A of the Family Proceedings Rules 1991, which was concerned with committal for the breach of an order and was directed to private law proceedings, was not exhaustive, but since on its face it was not expressed to apply to orders under s 34 of the 1989 Act, CPR, Sch 2, CCR Ord 29 r 1 was available to fill the gap. It followed that if the court had power to enforce its order by committal, it also had the power to attach to the order a penal notice. It was neither necessary nor appropriate for the circuit judge to assume the powers of a High Court judge under s 9 of the Supreme Court Act 1981 in order to attach a penal notice to a contact order. Since the contact order was now being obeyed the penal notice would be struck out with immediate effect. Accordingly the appeal was dismissed on the question of jurisdiction, but allowed in relation to the continuation of the penal notice.

Appearances: Dermot Main Thompson for the local authority; Marcia Hyde, for the guardian, and Daniel Kingsley, for the stepfather, did not appear but provided position statements in writing of their representative positions.

Reported by: Ben Urdang, barrister.

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I have sent this e-mail and for most of you with children in foster care fighting for contact in the Family courts take the LA back to court using this case law.