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Silverbirch511

To some "Seeing is believing" sometimes to read, hear or watch helps the reality sink in
Support for all areas of false abuse allegations
Ways to complain about injustices in false allegations of child abuse
Any area in which your child is not "normal" that 'could' be attributed to emotional or physical abuse or neglect can be a trigger for an investigation and the removal of your children for at least 8 weeks if 'harm' (any detrimental effect) is suspected
Stories covered by the press are only the tip of the iceberg of false accusations or overzealous Social Services investigations
Personal Campaigns

Remember, remember the 5th of November

Sources of support for those falsely accused of child abuse

Please join here for help


I'm so glad to see John Hemming MP is still fighting the good fight.

The Velasquez US family osteogenesis imperfecta (OI) case with fractured ribs

Readers Digest US osteogenesis imperfecta (OI) case with fractured ribs (accused in 2000)
http://www.rd.com/content/parents-wrongly-accused-of-child-abuse/1/

A long story about a family falsely acused of breaking their babys ribs.  The Velasquez family accused in 2000 were eventually appologised to, their children returned and their names cleared. 

"Late in the summer of 2004, the Virginia Court of Appeals overturned the finding of abuse against Miguel, essentially declaring that the Department of Social Services had made an error. It was the first such ruling on an abuse case in the history of the state."

"On October 11, 2005, Isaacs and her co-counsel began laying out the details of how the family had been shattered. After reviewing a thousand pages of records, experts in both child abuse and OI concluded the military doctors "breached the standards of care" by too quickly assuming Liliana had been abused by her father, by not doing a differential diagnosis, by not testing her, and then by insisting she had been abused even after the OI diagnosis was made."

The family recieved a setlement but I'm sure this didn't make them feel any better about the accusation or the fact that their child had suffered awful neglect in her foster home and no-one had listened to their complaints to save her from her ordeal.

Fran Lyon on 'This Morning'


Mr John Hemming MP's weblog entry about the 'This Morning' appearance:  http://johnhemming.blogspot.com/2007/11/fran-lyon-on-this-morning-itv.html

Blogger Opinions

http://mrstaraplumbing.wordpress.com/2007/11/02/baby-abduction-scandal-write-to-your-mp

http://un-cool.blogspot.com/2007/09/fran-lyon.html

http://angryforareason.blogspot.com/2007/09/when-past-mental-health-diagnoses.html

http://writhesafely.wordpress.com/2007/09/19/how-psychiatry-blames-the-victim/

NEW - The Petition


A link to my post containing earlier articles:  http://remrem511.spaces.live.com/blog/cns!FE7164D8750CA762!471.entry

VISIT 'Justice for Families' PLEASE
YOUR family is NOT YOURS if there's doubt over your competency as a parent.

If you are being unfairly treated by the child protection system and need help with the Social Services and Family Court try visiting the 'Justice for Families' FORUM


While we hear about the failings of Social Services NOT removing children in time.. we are GAGGED from telling the world when our children are wrongly removed for trivial or mistaken reasons.






Childminder accused of SBS - Good Support Website

(Alleged event was on March 2, 2005)
I read about this on the MAMA forum, thanks to those who posted about it.  This site is a lovely dedication to an obviously much loved mother, wife and childminder. The messages of support are filled with shock and outrage.

  Left hugGood luck to the familyRight hug



UPDATE:  "As some of you may have heard, the jury have today found Keran guilty by a majority verdict. When there is further information available we will let you know." (12/11/07)

News articles after the trial

Accused was 'caring and loving' childminder - 13/11/2007


Need advice while FASSIT/UIJ forum is offline?


FASSIT/UIJ - BOARD IS DOWN try CGFAP forum for advice
http://cgfap.com/phpBB/index.php

New forum under construction from Justice for Families
(Thanks Avenger)
http://justiceforfamilies.freeforums.org/index.php




The awful run-up to losing another child?

No immediate worries about harm coming to their child… but if left to the Child Protection System this couple won’t be able to keep their new baby girl even if they are good enough parents and love her completely.

 

20/08/2007 - YouTube row over social services baby threat

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/19/nsocial119.xml

21/08/2007 - YouTube mum will fight to keep baby

http://www.halifaxcourier.co.uk/local-news/YouTube-mum-will-fight-to.3126563.jp

23/08/2007 - Guilty of child abuse! (Well, our version.)

http://www.timesonline.co.uk/tol/comment/columnists/camilla_cavendish/article2310550.ece

26/08/2007 - Threat to take new-born over emotional abuse

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/26/nbaby126.xml

28/08/2007 - Backing mum in bid to keep child

http://www.halifaxcourier.co.uk/local-news/Backing-mum-in-bid-to.3149859.jp

06/09/2007 – That Vanessa Brookes tape now in the public domain (blog)

http://www.mattwardman.co.uk/2007/09/06/that-vanessa-brookes-tape-now-in-the-public-domain/

21/09/2007 - Mother gives birth to care-threat case baby

http://www.halifaxcourier.co.uk/local-news/Mother-gives-birth-to-carethreat.3221412.jp

21/09/2007 - Baby taken from Calderdale Hospital

http://www.halifaxcourier.co.uk/local-news/Baby-taken-from-Calderdale-Hospital.3222069.jp 

22/09/2007 - Couple flee with baby - fifth person arrested

http://www.halifaxcourier.co.uk/local-news/Couple-flee-with-baby-.3223395.jp

 

20/08/2007 - Call for scrutiny of professionals in child deaths

20/08/2007 - Call for scrutiny of professionals in child deaths

http://www.telegraph.co.uk/news/main.jhtml;jsessionid=YK0O0TQW3NM3TQFIQMFSFFWAVCBQ0IV0?xml=/news/2007/08/19/nsocial219.xml “Critics claim the system is flawed and want the reviews to be carried out either by police, or by an independent national body. MPs plan to demand in the Commons that inquiries are independent and that the findings are made public.”

Some comments from the Telegraph. Madeleine is missing along with our faith in Social Services and the Justice System.

Madeleine McCann saga reflects our society

By Boris Johnson
Last Updated: 12:01am BST 13/09/2007

 

The following are a selection of comments which choose to pick up on our faulty Child Protection System and the presumption of guilt or public need for closure.  It seems we need a finding of innocent or guilty to satisfy but when even the smallest doubt is in the minds of those investigating...99% innocent just isn't enough. How many innocent families are suffering? Noone knows. Confused Silverbirch511.

Recently 2 cases have been in the Media.
A partially sighted woman who once had postnatal depression is to have her child taken into care when it is born because she "might" get PND again, and this "could cause" emotional abuse of the child. Unfortunately the harassment she is suffering, plus the horror of her child being taken away, not only endangers her life and that of her child through stress induced high blood pressure, but means she will certainly have PND now. At that rate probably about a third of all children born in the UK would go into care immediately, because PND is very common. We used to be taught as nurses that 1 in 3 mothers suffer from it to some degree.
The second lady was raped as a 14 year old. This was hardly her fault! She self harmed as a result, and received treatment in a mental hospital. Since then she has made a new life for herself, and been through college. I think she got her degree? She has been told her child will be taken off her as she "might" harm it. Both of these women have done nothing wrong.
The McCanns on the other hand have broken Potuguese and UK law, by leaving young children alone. It is for that reason, not the sad disappearence of Madeleine, that Social Services should investigate. If it was Duanne and Tracey from darkest Essex, the Social Workers would have been waiting at the airport and would have been all over them like a rash.They put not 1, but 3 children at risk. If it is OK to steal the babies of two women who are innocent of any wrongdoing, why should the Mccanns be treated any differently?
Posted by Beryl on September 13, 2007 9:07 AM
 

There are many echoes, in this case, of the trial of Lindy Chamberlain in Australia 25 years ago. Lindy reported that a dingo had taken her baby daughter from their tent in the camping ground outside Ayer’s Rock (Uluru) in the central Australian desert.

There was, here, a huge animosity towards Lindy and a willingness to accept scientific evidence that turned out later to be less believable than a leaden jetliner. Lindy was convicted, went to jail, and had to wait for concerned citizens to mount a campaign that eventually exposed the flimsiness of the case brought against her.

The letter writers who have said that we should all shut up and let the police handle this case seem to have forgotten that police can also be so carried away by their own prejudices, and by the desire to convict SOMEONE. Boris, you have done a very good thing to shine a light on the emotional pressures that influence both the public and the police to form totally unsupportable judgements, rather than endure the agony of just not knowing.

Posted by Warwick on September 13, 2007 8:23 AM
"Why have 17,000 already signed an online petition requesting that the social services examine the welfare of the younger McCann children?"

Unfortunately, Boris, we do know at least one fact in this case. The McCanns left three minors with inadequate supervision. We know because they told us and this fact is not disputed.

Had a nursery, a baby sitter or even the average mother done this, the involvement of social services and perhaps the police would inevitable on the basis of negligence, regardless of whether any ill-events followed.

The wicked irony in respect of homicide allegations is that over the last 15 years it has been notable doctors pushing the 'all parents are guilty' message.

All that has happened is that this approach has now been applied to a pair of doctors who are amazed to find they are not immune from blythe accusations.

Have you not been following the group cases of Broxtowe, Orkney, Cleveland, Rochdale etc? The list of individual cases is huge now of Clark, Cannings, Patel, Gay, Williams, Jenkins, etc. all based on doctors making wild accusations on very little evidence.

That is only the ones which reach the criminal courts. The ones being bitterly contested in the family courts, often under conditions of secrecy, include notable cases such as Webster.

The MP John Hemming acts as a contact point for many of these cases. It was only in 2006 that your own constituents were freed from the threat of contempt of court if they approached you about their disputes with the doctors and social services.

What has happened here is the classic action of Terror, where a climate of coercion and suspicion eventually comes round and bites the very people who began it.

I am very sorry for the McCanns, who are likely to end up as the victims of their own child protection protocols.

Posted by Mrs Piers on September 13, 2007 8:22 AM

LISTEN - Radio 4 12:30pm 24th August 2007 "Forced Adoption"

LISTEN  - You and Yours/Face the Facts 'Forced Adoption'

Radio 4 12:30pm 24th August 2007


This radio programme has been anounnced in Community Care (a social worker on-line magazine) and hopefully more people will hear the ins and outs of 'child protection' and how it can be misdirected.
I wish I knew where I read it but one social worker has said they have to 'exaggerate' some risks to children to get a family help.
With help like that and wrongful suspicions set in stone on records.. who needs enemies?

A rant, An article and a request to email The Telegraph

There are many failures in the child protection system, from individual bias, implicit trust in doctors opinions, siding with mother or father, having no method to help parents build their defence, keeping errors on file and not updating files with positive occurences... the list is almost endless.

The child protection system, in cases where there is no way of being certain of carers innocence, is a one way process of assuming guilt and retraining the carers to parent their children - or removing the children.  Any suspicion or assumption of guilt is enough to strip you of your good name and stay on file until the children reach 18 years of age.  The Social Workers can only rehabilitate those that they assume to be guilty and will label  those innocent of abuse as uncooperative for denying the incident ever happened.

Imagine sitting through meeting after meeting with your local health workers and school teachers all discussing how you assaulted your child when in actual fact there was no assault.

If you've been through the Social 'Services' mangle, if you've suffered an injustice through bias exaggeration mistakes etc - please..


EMAIL The Telegraph and blow the situation wide open. mailto: stnews@telegraph.co.uk
  (details can remain anonymous but state it in your email if this is what you want - just to be sure)
And please SIGN this petition for a Royal Inquiry into our Child 'Protection' System. http://petitions.pm.gov.uk/ProtectChild/



Innocence in the media.

The 'must see' Panorama programme, featuring Mark and Nicky Webster's story of their children, lost to adoption, when they were innocent of child abuse.

http://news.bbc.co.uk/player/...
http://news.bbc.co.uk/1/hi/programmes/panorama/6254354.stm

Lie Lab (Channel 4) Susan Hamilton -
Accused of Salt Poisoning undertook a sophisticated Lie Detector test. The test showed she was telling the truth.

http://www.channel4.com/science/microsites/L/lie_lab/programmes_2.html

UPDATE: http://www.sciencedaily.com/releases/2007/11/071102091209.htm

There are so many more stories of miscarriages of justice when Doctors take the 'safe option' where abuse is suspected and accuse parents and carers. Even the suspicion of abuse ruins a families life and trust in the police and social services (and also unfortunately some solicitors).
No-one wants abuse to go unchallenged. But to lose your children who mean everything to you because your local 'experts' are not expert enough is APPALLING.

There are untold stories galore that cannot be told because there was insufficient evidence for court but enough to keep on record for 18+ years and be labelled as guilty by Social Services. Most of these people haven't even got a way to clear their names.

A lack of Foster Carers? There are perfectly good parents out there who are only childless because a Doctor has accused them 'in good faith'.   As long as a Doctor accuses you of child abuse with good intent, to potentially save a child from harm, then their job is safe while your life is in ruins.



Parents to Lobby Parliament

http://johnhemming.blogspot.com/

Thursday, March 22, 2007
  Parents to Lobby Parliament - Parents who have been victims of miscarriages of justice and inappropriate prosecutions are planning a lobby of MPs next week. A meeting between Bill Bache, the legal advisor for Justice for Families and John Hemming MP, Chairman of Justice for families, is planning a lobby of MPs. Ian and Angela Gay, Angela Cannings and Marianne Williams have agreed to come to jointly lobby MPs on 28th March to call for changes in procedure and an end to false prosecutions of parents.

Bill Bache, the legal advisor, said, "If a Doctor does not know why a child has died then they should say that. They should not point the finger at parents merely because the cause of death is unclear."

John Hemming MP said, "There is a systematic problem in the operation of justice in both the criminal and family courts. The whole system needs an overhaul."


ENDS

Note for Editors:
Ian and Angela Gay were recently acquitted in a retrial where they were alleged to have poisoned their adopted son with salt and also shaken him.

Angela Cannings was released after being falsely imprisoned for the death of two of her children who died from SIDS.

Marianne Williams was acquitted in late 2006 when the doctor treating her son who died blamed her for poisoning him with salt.

(I hope Mr. John Hemming MP does not mind me 'pasting' this here wholesale but I feel I cannot give the subject the attention it deserves in any other way)

John Hemming MP's research and campaigning in Family Law and Child Protection


MP John Hemming threatens to name social workers if they attempt to remove a child from it’s breastfeeding mother.
http://www.libdemvoice.org/hemming-threatens-to-name-social-workers-in-parliament-418.html

See also
'Justice for Families' campaign for public family law reform chaired by Mr John Hemming MP
http://john.hemming.name/national/familylaw/justiceforfamilies.html


The Use of Medical Evidence in Child Protection Cases
http://john.hemming.name/national/familylaw/medicalevidence.html


In the NEWS - "
Babies 'removed to meet targets " - (BBC News | Politics)
http://news.bbc.co.uk/1/hi/uk_politics/6297573.stm

Falsely Accused of Child Abuse FORUMS

Due to technical difficulties I cannot display the Falsely Accused Forums module of this blog... If you want to visit these forums please click on these links...

Munchausen Syndrome by Proxy Discussion (Heart-to-Heart)

http://www.msbp.com/forum/

Families anti-Social Services Inquiry Team (FASSIT)

&

Unity Injustice - Bringing Justice back home to the family...

http://fassit.2truth.com


FASSIT/UIJ - BOARD IS DOWN try CGFAP forum for advice

FightCPS.com - (U.S. forum)

http://forum.fightcps.com/

If you decide to join these forums I hope you contribute in a polite and constructive manner, thankyou.

Need to check the same sites, again and again, for information? Try Roll-Your-Own search engine just put in up to 25 of the home pages of your favourite haunts and give your search a name. You can even make the tool public so others can benefit from it too.

http://www.rollyo.com/firefoxsearch.html

**RCPCH Publication 2006 - Child Protection Companion**

**RCPCH Publication 2006 - Child Protection Companion**

Trying to pin down cases of medical conditions that 'mimic' abuse & getting there.

I don't think this is the child abuse bible though there are still conditions not included and that doctors may not pin down and blame the parents. (See also - Fabricated or Induced Illness by Carers - Royal College of Paediatrics and Child Health)

This is a vast improvement on the lack of any procedure before. (Being at the mercy of individual doctors opinions leaves a lot to be desired)

This document also shows how many  children will have been let down at the first hurdle in the days before guidance.  How many parents of children with bruising have actually been asked about their family history to exclude connective tissue disease and rare bleeding disorders?  Not a lot I'd guess.

The memberships of the support groups for those conditions will swell.  Before now I don't think doctors put a high enough priority on diagnosis.

To the parents about to have their children diagnosed with these illnesses

It's a blessing in disguise as at least you will know the problem, your family will remain intact and your child will get medical attention if needed - you won't be in prison, have a criminal record, be depressed, or surrounded by Social Workers and other suspicious professionals and separated from your ill child(ren).

Invitation for parents to take part in research

The Royal College of Paediatrics and Child Health would like to invite you to take part in their research into parents' experiences in health settings when non-accidental injury was suspected.

All children have accidents and most parents have, at some time, had to seek medical help for their injured child. Mostly when this happens, the doctor can easily see from the type of injury and by listening to what happened that the injury was accidental.

More rarely, the doctor might feel that there are a number of possible causes for the injury. They are doing this research so they can understand how parents feel in this situation. They hope this will help them in developing training for doctors on how they should explain this situation to families. They would like to hear about your experience of such a situation where non-accidental injury was first suspected but not proved or disproved. The researcher would like to interview you either face to face or over the telephone. You can also call her anonymously.

Be assured that this research is strictly confidential. For more information about the project contact: Ms Sirkka Komulainen PhD, The Royal College of Paediatrics and Child Health, 50 Hallam Street, London W1W 6DE Tel: 020 7323 7909, e-mail: Sirkka.Komulainen@rcpch.ac.uk

Media access to lessen secrecy in family court cases

There are new rules for the reporting of child abuse in an effort to answer the call for less secrecy in the family courts. (see Hardinghams/Websters link) This will be a big change and may be uncomfortable for families who have less than perfect lives, but, in the long run I hope will highlight the inadequate levels of proof and the misrepresentation of levels of harm as reported by Social Services.

As the judges in the cases can choose whether to release details to the press or not there’s a chance that they will choose to highlight the atrocities that some parents commit and hide some more controversial cases.

I hope they would rather choose to further the fight for a fairer system for families, one that allows a finding other than guilty and shows that the Social Services and justice systems are biased and in need of change.

Any normal problem in the family is magnified and past problems of any kind are all brought to life as if they are current concerns, many families would not escape criticism by Social Services as they seem to think that if other parents could do a better job then you are failing your children. Whoever these other fictional fosterers/adopters are their numbers are dwindling and their standards will be dropping as more and more ‘normal’ folk lose their children (and in some cases – lose their jobs caring for children) for being less than perfect and having a stain on their good names.

As things stand when you are accused of abuse by whatever means; be it a GP, ex-lover, unhappy child, the ‘mud sticks’ and your reputation is ruined even if evidence is found to prove otherwise.

“..And then there was light”, lets see what this new dawn brings.


Hardingham-Webster ‘un-gagging’ coverage from The Times

Link to Media Law News from ‘Hold the Front Page’

GUILT - In the Eyes of the Beholder

GUILT – In the eyes of the beholder.

I have heard comments that abuse is, in most cases, obvious. Either undeniable proof or witnessed events backed up by investigation. The trouble starts for innocent people when there is no proof just a supposed injury or an alleged incident and suspicions begin to build.

Doctors seem unwilling to say when they cannot find a cause for symptoms. They do not want to be the person who allows a case of abuse to go unchecked. They cast the seeds of doubt - or worse - present an opinion which is no less than a work of fiction.

Doctors excuse themselves by saying that they are obligated to report any suspicion of child abuse but this suspicion is placing child abuse higher on the list of possible causes of a child’s symptoms than some rare or harder to diagnose conditions. Doctors are reporting abuse where there is none, parents are arrested, questioned, and in some cases convicted because there was insufficient trust in the care giver to fully investigate the child’s condition.

When I asked at the local hospital if there was a list of conditions that must be excluded in cases of suspected child abuse I was told there is not a strictly adhered to procedure because it would slow down the doctor if they had to check every possibility.

I say “You owe us a thorough investigation”, if a doctor misses a possible cause of an illness/injury it can cost a parent their children, their homes, their partners, their lives, AND causes Iatrogenic abuse by failing to diagnose a condition and failing to monitor and treat the sick child.

These are the opinions of the author - Silverbirch511

Read Paragraph 122. - House of Lords Judgements
Rapid Responses BMJ -
Parents wrongfully accused of child abuse cannot sue doctors

UPDATE : Introduction of RCPCH Child Protection Companion in 2006 (1st edition April) has hopefully significantly reduced the risks of miscarriages of justice, however there is still room for improvement.

Have your say to the DCA

Have your say to the DCA
(Department for Constitutional Affairs)

There is a forum for discussing who and when should be allowed to attend/report on procedings in family courts and other family court issues e.g. Privacy and Adoption

Please visit this site Family Courts Forum read some comments, and let your opinion be known.

(Thanks to the FASSIT site for bringing this to my attention)

FACT's publication on a Social Work website

Comments from FACT (Falsely Accused Carers and Teachers), and others dicussing the lack of provision of safeguards preventing false accusations of abuse.
 
 
Exerpt - "What is more, false allegations blight families, ruin children's lives, demoralise staff, undermine recruitment, take up valuable investigative time and resources, cost millions of pound per year, undermine essential trust between adults and children and fail to protect children. Yet employers and child care organisations do very little to acknowledge this problem let alone deal with it."
 
This may be old news to those 'in the know' about false allegations of abuse and the article is dated 5th Dec 2002 but I'm still relieved to see that there is information easily available urging people to recognise the damage done to families through false accusations, and that people are simply not 'allowed' to be innocent after an allegation which cannot be either proved or disproved.
There is no innocent until proven guilty in child protection...
and no clearing of suspicion of abuses even after carers find the reasons for others misconception whether it was a misunderstanding or misdiagnosed medical condition.

Worried about the sex offenders in schools News stories?

To read about what kind of people are put on the register see the BBC news story http://news.bbc.co.uk/1/hi/uk/4619786.stm and http://news.bbc.co.uk/1/hi/uk/4618172.stm it isn't just dirty old men in macs and you don't even need to be proven guilty, a couple of kids experimenting could be put on the register.
 
Also see the Falsely Accused Carers and Teachers site FACTuk.org  http://www.factuk.org/Page2.aspx and follow the links to find various ways that papers have reported on this issue.
 
Thanks to FACT for posting this information on their site.

david.stokes@dca.gsi.gov.uk - Closing date 30th NOV

This information is from FASSIT
OUT OF DATE - THIS POST NOW FOR INFORMATION ONLY

Have you or someone you know been involved in Child Care Proceedings or been through the Family Courts ?

For your immediate attention:

Important. Write to: david.stokes@dca.gsi.gov.uk

Child Care Proceedings

The Department for Constitutional Affairs notifies that a cross-government review of child care proceedings in England and Wales will look at cases involving public law, where the child may be taken away from its family.

It will examine the extent to which the current system for deciding care cases in the courts ensures that all resources (including children’s services are used in the most effective, efficient, proportionate and timely way to deliver the best outcomes for the children and families concerned.

The review will examine the effectiveness of various early intervention initiatives in preventing cases going to court, where this is possible and appropriate, and at improving outcomes in those cases that do go before the court. It will draw on existing research and will take views from a wide range of people involved in the current system, such as the judiciary, lawyers, social workers, children and families, government and non-government bodies, and those working in child care.

In particular, the Department for Constitutional Affairs seeks views from those with experience of the current child protection system in the courts on changes that could be made to enable it to deliver better outcomes for children.

All comments, submissions and views should be sent by 30 November 2005 to:

David Stokes,

Strategic Planning Division,
Department for Constitutional Affairs,
Selbourne House
54 Victoria Street
London

SW1E 6QW

Tel: +44-(0)20-7210 8614

david.stokes@dca.gsi.gov.uk

UPDATE :
Response to the Constitutional Affairs Select Committee report: family justice the operation of the family courts revisited

http://www.official-documents.gov.uk/document/cm69/6971/6971.pdf

Family Law Protocol - 2nd Edition "This authoritative set of best practice guidelines has been fully updated, revised and extended. Developed by the Law Society in association with Resolution, the Legal Services Commission and the Department for Constitutional Affairs, this is the text for family law practitioners to follow."

http://www.lawsociety.org.uk/productsandservices/publicationsandgifts/shop/view=publication.law?PUBLICATIONID=255656


Tampering with medical notes, risking lives, killing children, saving money and their hides. For shame!!

http://www.cfoi.org.uk/awards98pr.html

The Campaign for Freedom of Information

Will and Diane Powell

Will and Diane Powell's nine year battle - which is still continuing - to learn about the death of their son led the General Medical Council to tighten up its rules on doctors' duty to tell the truth to patients.

Ten year old Robert Powell died of a rare but treatable condition called Addison's disease, in 1990. A consultant at a Swansea hospital had suspected the condition after Robert was taken into hospital seriously ill with severe vomiting and abdominal pain. The parents were given no proper information about his diagnosis, and were later casually told that he had had gastro-enteritis. Unknown to them, the discharge letter sent to his GP said that he needed to be given the specific 'ACTH stimulation' test used to diagnose Addison's disease. The test was never carried out. He appeared to make a complete recovery but fell seriously ill again four months later. Five different doctors from his health centre saw him no less than seven times in 15 days. Only one of the doctors looked through his medical notes. None recognised his condition. On the day of his death he fainted at home, but the doctor who visited him refused to admit him to hospital. Later that day, the doctor was called out again by the desperate parents, and finally agreed to refer him, though refused to call an ambulance. His parents drove him to hospital themselves. He stopped breathing on arrival and died within hours.

Mr Powell later asked to see his son's medical records and was shown them by one of the GPs. He says they contained letters from the hospital doctor stating: "Needs ACTH test; parents informed" and stating that Addison's disease was being considered. If there was any recurrence, the GPs were advised to refer him back to the hospital. This was the first they knew that his real condition had been suspected earlier. The file was later seen by an independent witness who confirmed the presence of these letters.

Mr Powell complained about the GPs' care of his son. But crucial documents, which had been in the file when he was shown it originally, had been removed by the time of the hearing. When the hearing cleared four of the five doctors, Mr Powell appealed to the Welsh Office. The appeal overran the allocated time and was adjourned. When it reconvened six months later, further changes to the GP medical records had been made. This fuelled the Powells' belief that a further cover-up had taken place, and they pulled out of the appeal. A police inquiry into possible forgery was carried out, but no proceedings were brought - though the investigation has since been reopened.

The Welsh Office claimed the records had been introduced in evidence by the Powells and taken away by them when the hearing adjourned. After asserting this for three years, the Welsh Office was finally forced to admit that they had introduced the records as evidence themselves and that they were responsible for their safekeeping In fact, they had no idea where they had actually been. The Parliamentary Ombudsman later severely criticised them for this..

The Powells also sued the health authority and GPs for negligence, and for post traumatic shock, to themselves caused by the alleged cover-up. The health authority admitted liability for their son's death, and a payment was made which also covered Mrs Powell's stress caused by the death. However, the Powells were determined that the full case should be heard in court and continued with a further claim for trauma caused as a result of the alleged falsification of the medical records. This was, however, struck out by the High Court which held that the GPs owed no duty of care to the Powells. The Court of Appeal later upheld this decision, and in a highly controversial ruling held that a doctor's duty to tell the truth applied only to the patient - not to parents of a child being treated. It accepted that the parents may need to be told the truth so they are able to look after their child properly, but said that after a child's death there was "no authority for the proposition that there is some kind of free-standing duty of candour, irrespective of whether the doctor-patient relationship exists". This caused widespread concern and was seen as endorsing a doctor's "right to lie" about a patient's death.

However, the General Medical Council were so concerned at the appeal court ruling that they changed their professional rules, requiring doctors to give a full explanation to the parents of a child who has died. Failure to comply could now lead to a doctor being struck off. The appeal court ruling has left the Powells with a heavy order for costs against them. They are challenging the ruling itself in a case to the European Court of Human Rights.

UPDATE: Thanks to Peny Mellor posting this fight for justice on the MAMA forum I can now post a link to the family's web page http://hometown.aol.co.uk/willcpowell/myhomepage/aboutme.html  and wish them luck on the 14th Dec 2006 in Swansea.

Too late and the damage is done? I found this site...

"S.I.N. is aiming to improve standards of medical care in the NHS, to reduce medical errors and to help our members obtain the truth and genuine medical care. Patients must have Rights in Statute."
**exerpt**

""Common experiences in accessing medical records Under the Access to Health Records Act 1990 included:

    The 40 days maximum time given for release of records, as laid down by law, was HABITUALLY breached. Delegates wondered why Medical Record Departments were allowed to break the law?

    Records were incomplete and the items missing were always related to the iatrogenic damage.

    Overwhelming numbers of delegates reported that their medical records both GP & Hospital had, to their knowledge, been changed. This is immensely serious. A question was asked in the House on 16th March, 1999. The reply from the Minister of Health, Mr. Denham to the House " There was no evidence that tampering occurs to an extent that would warrant a national assessment". S.I.N. will call for a reconsideration of this statement.""

    NHS staff, Blow the Whistle, don't let the deceit continue.

    I would like to add that in light of our personal experience of the hospital in a Child Protection pretence at investigation, the assumption of guilt, lack of trust in parents, and questionable practices in disclosure to Social Services (and worse, that I dare not mention as it may be called libelous) that I call for anyone who works in the NHS and knows of any underhandedness to speak out, blow the whistle, save our innocent families and sick children.

    http://www.healthcarecommission.org.uk/ContactUs/ComplainAboutNHS/Whistleblow/fs/en?CONTENT_ID=4001467&chk=mXVFk/

    In order to deal promptly and effectively with your concerns the Healthcare Commission has established a helpline where employees or contractors can raise their concerns in confidence with trained and experienced officers.
    The helpline number is: 0845 601 3012. The helpline is manned during normal office hours. Please send any letters to:

    Lea Pickerill
    Healthcare Commission
    Finsbury Tower
    103-105 Bunhill Row
    London

    Before accepting or investigating any disclosures the Healthcare Commission will need to be satisfied that:

    • the information has been disclosed in good faith; and
    • you believe it to be substantially true.

    All communications with the Healthcare Commission will be treated in strict confidence and if your disclosure is accepted you will be given a unique reference number for communication purposes.

 
How to make a difference and campaign for change
Unfortunately there are problems with many guidelines that do not allow for the mistakes made in child protection
People who are involved in child protection issues