tag:blogger.com,1999:blog-7327718065135964598.post8013911281114367688..comments2023-08-10T15:02:51.259+01:00Comments on The Small Places: My wishlist for accurate media reporting of the Steven Neary caseLucy Serieshttp://www.blogger.com/profile/07820866715125284389noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-7327718065135964598.post-34772644374548620362011-05-24T11:29:37.151+01:002011-05-24T11:29:37.151+01:00Hi Again Sabine,
I just re-read your question, an...Hi Again Sabine,<br /><br />I just re-read your question, and it sounds like you want to know more about restrictions on publishing details of family court and court of protection proceedings? I can recommend two interesting papers on this, from different perspectives. The first is by Gill Phillips, the Guardian's editorial legal director:<br /><br />http://familylaw.allpartyparliamentarygroup.org.uk/transparency/docs/APPG4_Gill_Phillips_Speech.pdf<br /><br />The second is a speech by Lord Justice Munby, a very well known judge in the family court. You might be surprised at how critical he is of reporting restrictions:<br /><br />http://www.alc.org.uk/uploads/HERSHMAN_LEVY_MEMORIAL_LECTURE_2010.pdf<br /><br />Hope they're of interest to you,<br />LucyLucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.comtag:blogger.com,1999:blog-7327718065135964598.post-20625898336402634642011-05-24T11:25:13.744+01:002011-05-24T11:25:13.744+01:00Hi Sabine,
I have to confess I'm not quite su...Hi Sabine,<br /><br />I have to confess I'm not quite sure what John Hemming means by 'secret prisoners'. A while back he mentioned in parliament, and suggested there were 'lots of different kinds':<br /><br />http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm110317/halltext/110317h0001.htm<br /><br />Some of those seem to relate to contempt of court, and they are cases I'm unfamiliar with. I think his concern is that the judgments relating to their being jailed have not been published. This is a concern I would share, as I feel wherever possible all judgments should be published, suitably anonymised if there are children or protected parties involved. However, it would be very difficult to do that for cases relating to family courts or protected parties once the identities of the individuals are in the public domain, as then case details relied upon in the judgments can be linked to individuals.<br /><br />He also describes a case that sounds like it might a deprivation of liberty under the Mental Capacity Act (at Column 147WH). If this is a deprivation of liberty the care home should have sought authorisation from the council. If they haven't, the family have a legal right request that they do. Once authorisation is granted, the detainee themselves or their representative can appeal to the Court of Protection to decide whether the detention is lawful. As we have seen with the Neary case and others, the court of protection is a) willing to allow the press to sit in on cases so long as they report subject to restrictions, and b) will carefully examine the reasons for the detention. It's not quite fair to say there is no accountability in these cases, but I admit there are some problems with the safeguards.<br /><br />I'm not sure if that answers your questions, but that's the best I can do on secret prisoners, sorry!<br /><br />LucyLucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.comtag:blogger.com,1999:blog-7327718065135964598.post-79244215430621282962011-05-24T11:06:44.838+01:002011-05-24T11:06:44.838+01:00Dear Lucy
John Hemming MP has asked me to promote...Dear Lucy<br /><br />John Hemming MP has asked me to promote 'secret prisoners' and I wonder whether you could guide me at all?<br /><br />It seems that similar kind of 'gagging orders' apply as to Family Courts and the Children's Act, am I right?<br /><br />What they have in common is this total disempowerment - which quite appalling to my sense of justice and human rights. <br /><br />Regarding the secrecy in Family Courts, I've just launched this petition that has taken off rather fast. http://bit.ly/kExfF1<br /><br />What do you reckon is worth doing on behalf of those secret prisoners?<br /><br />Looking forward to hearing from you,<br /><br />SabineSabine K McNeillhttp://victims-unite.netnoreply@blogger.comtag:blogger.com,1999:blog-7327718065135964598.post-88868824680235513212011-05-24T09:21:55.794+01:002011-05-24T09:21:55.794+01:00Last night I was reading Tom Bingham's 'Th...Last night I was reading Tom Bingham's 'The Rule of Law', and the chapter on how 'The law must be accessible and so far as possible intelligible, clear and predictable'... He bemoans the "legislative hyperactivity" of modern government (well, New Labour it would seem really), and points out that the rush to legislate quickly leads to a lack of 'elegance and clarity of thought'.<br /><br />He also comments on frustrations of having extensive statutory cross-referencing and the ensuing 'paper chase' of understanding law. This is something I found (find) bewildering in community care law as a whole. Interestingly, he also complains that one can't even look up up to date copies of law, hyperlinked to any cross-referenced statutes, law on the internet... Of course one can if one spends a fortune on private packages, but how many social services departments pay for Westlaw?!Lucy Serieshttps://www.blogger.com/profile/07820866715125284389noreply@blogger.comtag:blogger.com,1999:blog-7327718065135964598.post-74014026607216835782011-05-24T07:02:37.531+01:002011-05-24T07:02:37.531+01:00Thanks for this piece. I remember when we were doi...Thanks for this piece. I remember when we were doing the initial BIA training and discussed the poorly drafted Act and it's Schedule A1 and 1A (I don't know much about law but was that REALLY necessary!) about hopes that case law would clarify some of the issues we were finding hard to get to grips with - actually, it seems that courts are just as confused.. but I am very interested to see both the judgement and how the press report it..cbhttp://fightingmonsters.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-7327718065135964598.post-68523406204582621642011-05-23T19:27:42.257+01:002011-05-23T19:27:42.257+01:00goog points as usual DOL still seems to be in a me...goog points as usual DOL still seems to be in a mess no one can give clear guidance of what is and isin't a DOL hopefully this case wil add some clarityjohnhttps://www.blogger.com/profile/05300838246902704344noreply@blogger.com