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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9097
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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To a mother whose entire family of 6 children has been

Customer Question

I am McKenzie Friend to a mother whose entire family of 6 children has been removed from her by Social Services in LB Enfield. Mum is alleged to have neglected the children but she claims the father who is a Greek Cypriot refugee put the children up to lying and discrediting her to the SS because he is bent on acquiring mother's valuable property - they are in the final throes of divorce proceedings. 4 of the children have been sent to his relatives in Cyprus, the other 2 are being fostered in UK. Mum is very concerned that the 4 in Cyprus are being abused and neglected and one child in particular, S aged 11 is not being treated for her scoliosis of the spine because the local doctors don't have the expertise. Previously S was under Great Ormond Street Hospital as throughout her life, every few months, she needs to have the brace supporting her spine lengthened. After 7 months in Cyprus it is very urgent this is done or she even risks being paralysed... Mum was refused Permission to Appeal against the removal of her family by the High Court but we have been advised that she could bring a counter-claim against the SS for neglect of her daughter under Universal Human Rights Law. This is the question, can this be funded by legal aid and how do we make the application and to which court?
Submitted: 4 months ago.
Category: UK Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

What was the Guardian's position at the hearing?

Customer: replied 4 months ago.
The problem is I don't have all the docs, I only have the judgments relating to the final hearing which was split into two, Fact-Finding in December 2015 and Welfare in May 2016. The reason for the split was that the Cyprus arrangements were not yet finalised end 2015 and yet pressure of the 26-week deadline required the case to go to court. So I don't know the answer to this but I presume he or she took the part of the LA v. the parent as they usually do.
Expert:  Clare replied 4 months ago.

26 weeks - do NOt get me started.

What was the Judgement on the fact finding

Customer: replied 4 months ago.
I'd be happy to call you and pay your fee but have had dinner with friends this evening and have had a couple of glasses of wine, friends now gone home but I'm fast falling asleep! Might you still be 'on call' sometime over the weekend? Please bear in mind though, the mother has asked me to research how to utilise a very specific area of the law to fight for her semi-disabled daughter's rights (to get appropriate treatment for physical disability or damage) UK UDHR law - so far family law has failed this mum totally (one of my perennial gripes is that where there are criminal motivations invading a family sanctum including as in this case a 'bad' father trying wrest possession of the family home from his ex-wife, family law is too weak to defend the interests and rights of the 'good' parent v. the 'bad' parent and some LAs are corrupt and cash in on the situation, I'm not saying this is happening here but what is happening is that the children's welfare which should be the main issue is getting lost in the crossfire between the parties. We don't yet have Children's Rights legislation on the statute book so all we have is UDHR/Human Rights law
Customer: replied 4 months ago.
PS judgment on the Fact-Finding was that the mother was narcissistic, negligent and incompetent to look after the children - as intended by the father
Customer: replied 4 months ago.
Thanks Clare for your willingness to help and I hope we can find a mutual time for a chat over the weekend
Expert:  Clare replied 4 months ago.

Sorry the phone matter is a site pop up beyond my control!

What did her legal team say about an appeal?