Happy New Year

IS THIS LAWYER HAPPY?

Why am I posting again? Simple. I am unhappy. So, I thought I'd share a little bit of my unhappiness around in the hope that unhappiness divided by you will become less. Oh, alright, I'm just asking for more shit. Post it. Go on. I love you too.

Fools And Their Money

Been fooled by a ponzi scam? A 419 advance fee fraud? Bought anything at all from Mr Madoff? Could you be? Have you? Would you?

Take the test.

You will have seen a link that says:

You are the 988,744,113th visitor to this site. You are guaranteed a prize. Click here.

Did you click?

Now you know the answers to the last three questions without needing any help from Einstein.

NB: If you said yes, immediately check all your bank accounts. Also, develop some wisdom (particularly concerning impossibly - not just improbably - high numbers of claimed hits).

Forget the Credit Crunch. The Really Bad News is...

Oh No!

Someone is writing a new book about Winnie the Pooh.

This is sacrilege and I immediately pronounce fatwah calling upon all right thinking members of society to hunt down all of those involved and throw a substantial quantity of egg custard tarts at them.

I am now a Victim of Crime

I was burgled today so, with customary quintessential logic, I wish to share with you a photograph of a meercat.

Meercats are cute. They might steal things sometimes but not electrical goods.

They are also very calming to observe.

So guys, keep focused on the picture.

The knock on your door that you hear in the background is just those nice policemen who figured from the targeted nature of the thefts exactly who you are.

STOP PRESS: Miners Scam Lawyers Jim Beresford and Doug Smith Struck Off

Well, thank goodness for that! I felt dirty all of the time these obnoxious people could say that they were a member of the same profession as me. I have only just received the good news and refer you to The Times report for further information. Here is Jim Beresford:

What a nice smile!

Baby P and the Witches of Salem Part 2: More About Sharon Shoesmith

Yesterday I posted the first part of this comment series. I barely got to the point of the title.

The point is that we should not be hunting down and burning the foot soldiers. I will get to that point in Part 3.

Yesterday I focused on Haringey's Head of Children's Services and her shameful belief that she could save her hide by employing media consultants. Well, they sacked her anyway. An intelligent person should have foreseen that inevitable outcome and would, out of mere pragmatism, have gone before they were axed. Her strategy has simply humiliated her further and made future rehabilitation less likely.

Sharon Shoesmith seems to have perceived herself as being in a similar position to the Chief Executive of a private sector company that fails and fails catastrophically.

She read the newspapers and discovered that catastrophic failure and breach of duty seemed to result in lottery style payments on termination of office. She discovered that the bigger the failure the bigger the payment might be. She discovered that if they toughed it out for the longest possible time the employer would pay even more. They would pay almost anything to get rid of the problem.

What she forgot was that she is not a private sector CEO. She presumably also forgot to employ expensive lawyers to make sure her original agreement contained CEO type compensation provisions on termination of employment.

What she failed to remember was that she was a public sector employee and was therefore expected to perform a public service.

The public may resent payoff's to private sector CEOs but this is nothing to the bitterness they feel if someone responsible for protecting children cynically decides that whatever tragedy may have occurred under their watch their own financial interests are more important.

Baby P and the Witches of Salem

I have refrained from posting about Baby P until now.

Of course, Haringey Social Services are crap. Almost all of our social services departments in England are crap. I hold no brief for the inadequate provision we make for children or their protection in this country. See previous posts.

BUT the media hysteria and their love of finding people not only to blame but to demonise is now beyond a joke. Well, there is an exception.

Sharon Shoesmith (Haringey's Head of Children's Services) hardly covered herself in glory by spending £19k on media training presumably designed to pad her bottom from the impending storm. She is also, but this is simply my impression, not particularly children friendly in appearance:

Politicians in Haringey have resigned. That was honourable. That the operational head of children's services should fall on her sword was immediately obvious to the whole population of the planet except, perhaps, just one. She seemed to think that the marketing guys could save her.

Perhaps, we should require potential heads of department at local authorities to sit a basic intelligence test. Possibly also, they could be asked to take an "emotional intelligence" test (whatever that it is). Almost certainly, a basic humanity test should be mandatory.

Local Authorities are very good at setting tests or performance targets or whatever so this should not be difficult. However, these are tests that would apply to them and not others. Oh, it might take a little longer then!

I forgot to mention: they would be required to pass the tests! Oh, and they should not be allowed to set the pass mark.

The caveat I started out to put forward is that we should not conduct a witch hunt of the troops on the ground. In my experience (as a lawyer in care cases - a period of my life that is, thankfully, over) social services personnel begin as idealists but quickly become corrupted into judgmental harridans - or the male equivalent - I incapable of not absorbing the departmental assumption of infallibility.

Don't worry about the Pope. He is an intelligent man and I doubt very much whether he really believes that he is infallible. He is probably too intelligent to believe in a divine being (whether called God, Allah or the Spaghetti Monster). Social Services (is it genuinely a coincidence that they managed to choose a description that abbreviates to SS?) really do believe that they are infallible.

I have now entirely forgotten why these people do not deserve to be persecuted (sorry, I might have meant prosecuted).

Oh, it is lack of money. We get the Social Services we deserve and are prepared to pay for.

The Lion Man, The Credit Crunch And Sarah Palin

Nothing beats worrying about the global financial crisis than watching a couple of episodes of The Lion Man. I, at least find it immensely calming and the theme tune (accompanying the above and below videos) puts aside worries about bankruptcy for at least its duration.



The only other video to have this calming effect is the following. I will explain why after you view it.



At least McCain lost. That is nothing against him but the USA did not get her.

Well you might say, at least she has been inoculated against witchcraft:



But McCain has said she has a future. She has said she intends to run for President.

BE AFRAID. BE VERY AFRAID. THE USA HAS PREVIOUS ON ELECTING STUPID PEOPLE TO THEIR HIGHEST OFFICE.

Jonathan Ross Gets Away With It

Oh, well. A £1.3m loss out of £18m will really teach him. It's probably a tax deductible loss.

His contempt for the rest of humanity shows him to be a spineless git.

The BBC are utterly spineless as well but what do you expect?

The only way either of them will learn anything is if the rest of us DO NOT WATCH OR LISTEN TO JONATHAN ROSS SHOWS.

Walsall Social Services Condemned. Who Is The Guilty Man?

This is another case where a local authority gets it straight through the heart from the Court of Appeal but there may be little publicity because, although Court of Appeal decisions are delivered in open court, the press show little interest and do not attend.

This does not stop the press running stories complaining about our "secret" family justice system!

Before we get to this particular bad boy/girl social services department it is worth noting Lord Justice Wall's comment that "there are of course, as is always the case, no press in court, even though this court sits in public." In other words, if the press do not attend and do not report the cases they can, their complaints about secrecy ring a little hollow. This is, of course, my inference so it is my fault alone if I have misinterpreted Lord Justice Wall.

Well, what have "Walsall Metropolitan Borough Council Social Services Department" (as they are referred to in the judgment, but not on their own website) done wrong?

For the specifics I am going to leave you to consult the title link. It is the strength of the comments made by the Court of Appeal that are of more general interest:

"The lamentable, totally lamentable, state of affairs in this case is that the local authority have utterly neglected their duty in a way which is worthy of the highest condemnation and that is what I give it."

"On 5 March this year the court ordered the local authority to file a statement by the Young Adults and Disability Team by 14 March. For the second time this local authority cocked a snook at the order of the court. For the third time the court ordered on 25 March that that statement be served by 4 April. For the third time the local authority simply ignored it. In the result the matter was sent to the county court and, as I have already recited, HHJ Mitchell accepted the undertaking from the team manager of the local authority to file their pathway plan etc by 4pm on 4 July and heigh ho, what a surprise, for the fourth time the local authority metaphorically raised two fingers in the air to the court and ignored everything the court has ordered. This is a disgraceful state of affairs. If time had permitted it, I would have directed the director of the Walsall Metropolitan Borough Council Social Services Department personally to attend this court and proffer his explanation and his apology. Instead, I will direct that he writes to this court and to the Wolverhampton Court, giving both his explanation for his disgraceful failure of duty and to proffer his sincere apologies. He is fortunate not to be facing a summons for contempt."

"To make matters abundantly plain, and to demonstrate to the local authority that this is an order which we expect to be obeyed, this order will be endorsed with a penal notice and the director is to be given the assurance by those who represent him today that his contemptuous disregard of this order could lead to an application to commit him and, without prejudging that matter, my preliminary view is that it stands a good prospect of success and he should be advised accordingly."

"It invariably happens in these cases that we never have before us the people who are actually responsible for what has gone on. Some wretched social worker who has just been handed the papers over a few days before is usually put forward as a sacrificial lamb, as a victim to this court's anger and legitimate wrath, and that is what has happened in this case."

Who is the Guilty Man?

These are about the strongest comments I have come across, certainly since Brighton and Hove Social Services were condemned.

I cannot be certain who the director is because there is no-one on Walsall's website who is described as their director of social services.

There is a Mr David Martin:


but he is described as "Executive director for social care and inclusion". I certainly would not want to finger the wrong man.

Another Turbulent Coroner

David Masters, the Wiltshire coroner, today joins the list of heroic coroners (headed by Andrew Walker) who are prepared to say to government and the military:

"UP WITH THIS WE WILL NOT PUT"

Samples from the coroner's findings as reported in today's London Times:

"The system in place failed the captain and crew of that aircraft and this should never be allowed to happen again."

"The stance taken by the US is difficult to comprehend."

"I just wonder, as an aside, what if the boot had been on the other foot - if a US aircraft had come down with the loss of 10 lives and the only eye-witnesses had been British forces?”

10 British servicemen died when their Hercules transport exploded. The details are readily available elsewhere.

Both the UK and US are criticised but the RAF stands indicted for "serious systemic failures."

My focus is on the independence of coroners to say things the government does not like.

Will David Masters suffer the same fate as Andrew Walker?

The problem is that coroners are far more easily removed (or, transferred sideways - ha, ha) than judges if the government does not like what they say. See the reference to Andrew Walker above and here.

OPINION:

The UK government's record is disgraceful. If they can can get rid of a judicial officer whose decisions they do not like then they will.

PROPOSITION:

Coroners need equal protection from arbitrary government interference as do judges.

Terrorist Mark Haddock Hides His Face

Mark Haddock (an alleged murderer but only in prison for GBH* with intent) has won the right to hide his face, at least for the time being.

No-one can publish his picture; that is, a picture of his new face. Obviously, we can still publish his old face:
Well, let us hope that this attempt to hide from his former friends in a terrorist organisation works better than the last one:

This is not a man deserving of the sympathy of the court or of its protection. However, the protection is limited - see the title link.

If you want to know who Mark Haddock is you might start with his wiki entry.

Haddock was an insider in the UVF* and latterly a Special Branch Informer. It has been said:

There would have been more people in the cemeteries of Northern Ireland if we hadn't run people like Mark Haddock

But is that true? Others think that he put a lot of bodies there himself.

*GBH = Grievous Bodily Harm (for when you get away with murder)
*UVF = Ulster Voluntary Force (a Protestant paramilitary organisation)

Samuel Edwin Ashby: The Abusive Aussie Vet

Apparently, Mr Ashby felt that it was a defence, to a charge that his multiple abuse of staff and customers at four different pharmacies was professional misconduct, that he was just a typical Aussie loudmouth. Err, no, mate.

This case is, in the real sense of the word, a tragedy. Mr Ashby has been destroyed by a fatal flaw in his own character. He clearly believes himself to be a wonderful pharmacist and that those he was compelled to work with were, simply, his inferiors. Even if he was right, it is that belief that has lead to his downfall.

If you read this case you will find the sad conclusion:

MR ASHBY: I have no money. I cannot pay anything. I have nothing left.

MRS JUSTICE DOBBS: That does not stop the court from making a costs order, but you say you have got no means?

MR ASHBY: No. I have nothing left.

MRS JUSTICE DOBBS: Anything else you want to add in relation to that?

MR ASHBY: No.

MRS JUSTICE DOBBS: There will be an order that the appellant pay the respondent's costs in the sum of £14,482.82.

MR BRADLEY: I am grateful.

Mr Ashby was not a King, or even a high ranking politician, so this tragedy is not properly to be described as Shakesperian, but it has the essential elements of such tragedy; just on a smaller, perhaps more human, scale.

The Mosley Sado-Masochism Trial Not A "Landmark" Decision, says Judge

Mr Justice Eady said at the end of his judgment in the Mosley case:

It is perhaps worth adding that there is nothing "landmark" about this decision. It is simply the application to rather unusual facts of recently developed but established principles. Nor can it seriously be suggested that the case is likely to inhibit serious investigative journalism into crime or wrongdoing, where the public interest is more genuinely engaged.

This is correct but does not mention that it is Mr Justice Eady himself who has played a leading role in developing the law in this area.

Well, he made Mr Mosley smile:

£60,000 should be a welcome addition to his budget for any future activities of his.

It has to be said that The News Of The World did not cover itself in glory. Their pursuit of this story was cynical and had nothing to do with the "public interest" defence they ran at trial.

The case is therefore a real test for believers, like me, in freedom of speech. I confess Eady J's judgment gives me pause for thought and makes me question the boundaries of free speech where the privacy of an individual is involved. You will need to read the judgment to answer the following questions in an informed manner. See the title link.

QUIZ QUESTIONS:

(1) Was Max morally entitled to victory?

(2) Was Max legally entitled to victory?

(3) Does Max deserve £60,000?

(4) If not, what amount should he have been awarded?

(5) Are the News of the World reporters, involved in this case, mired in slime?

Jeremy Kyle Is Not Dead! (Hint For US Readers: He Is A Springer Emulator)

I had a few days off recently and I watched the Jeremy Kyle Show.

It is about as ghastly as these trailer trash daytime reality shows get. He is pontificating and self-righteous. He has no hesitation in launching into a moral crusade against his generally not spectacularly intelligent guests. Yet, he is one of those making money out of them and, in my opinion, exploiting them.

They are silly to expose themselves to this but then, I suppose, silly people do this kind of thing. It seems that fame is enough reward to volunteer to place themselves in the modern equivalent of the stocks.

I can see no "public interest" that is served by Mr Kyle's show. Making a buck on the back of other peoples' stupidity does not strike me as an honourable way of making a living.

That is, of course, just my opinion, Mr Kyle. You are entitled to hold, and may hold, a similarly low opinion of litigation solicitors such as myself.

It is, perhaps, unfair to compare Mr Kyle's lack of physical courage to his apparent lack of moral courage but the Daily Mail reported today that a witness said he was "shaking like a leaf" following his car crash, and you may wish to read this.

The question is not whether Jeremy Kyle should die. Clearly, he should not. The question is whether shows like his should be killed off. I do not believe in censorship. I do believe in free speech. I am compelled, with regret, to answer that question "NO."

I think Mr Kyle's shows have a tendency to corrupt those who produce them, those who present them, those who participate in them and those who watch them. In my opinion, they are worse than slash movies or and obscene movies.

However, I will (in the well known words) defend to the death the right of Mr Kyle and his ilk to do exactly what they bloody like.

Alright, Voltaire is supposed to have said:

"I disapprove of what you say, but I will defend to the death your right to say it."

Others say that it was actually first said by Evelyn Beatrice Hall.

So what? Who cares? It is the the first principle of freedom by which every individual should be governed. If you cannot say those words aloud and mean them then, well, you do not believe in freedom or free speech.

The UK's Disgraceful Treatment Of Its Iraqi Interpreters

Emulating their exemplary record (ha! ha!) in relation to the Gurkhas, the UK Government has treated its Iraqi interpreters with similar disdain. Or, as a friend commented to me 5 minutes ago, "like shit."

Her ex-husband was in the army for 22 years and was treated abysmally by the Ministry of Defence. She says that the treatment of the Gurkhas and the Iraqi interpreters is simply par for the course so far as the MOD is concerned. They use you and throw you away.

My friend has particular experience relating to the Gurkhas, who she describes as wonderful, friendly people who were prepared to lay their lives down for this country. They are also an elite force and the treatment of them by this country is therefore doubly disgraceful.

This post is simply to pay tribute to Deborah Haynes of The Times who has won an Amnesty award in relation to her reporting of the Iraqi interpreters case. Well done and well deserved. See the title link.

The Easy Solution To The Banking Crisis

It's obvious! Suck the bankers' brains out and recondition them so that when we re-insert them bankers behave like normal human beings with human emotions and a sense of morality.

British MPs Are World's Champion Pigs: It's Official

Today, British MPs have taken a narrow lead over Members of the European Parliament to take the title of the most mendacious and greedy so-called public servants in a supposedly democratic society. See the title post.

They simply will not give up their perks no matter what public opprobrium this entails. No matter the stench; they want their money.

Mind you, it is nice to see such cross-party cooperation on an issue of public interest!

The leaders consult:

Oh No They Didn't! The Compensation Culture.

The court has not held that Jeanette Cenet (nee McGlennon), the Claimant in this personal injury case, or Mr Maguire, "the alleged eye witness", were complete scam artists as alleged by the defendant, Wirral Metropolitan Borough Council. I emphasise the word "not".

This was despite the judge stating:

"There was a history of involvement by the claimant and her witness in similar claims. Mr Maguire, the alleged eye witness who gave evidence on the claimant's behalf, had himself submitted claims in respect of three highway tripping accidents in 1998, 2001 and 2004. In addition, he claimed to have been an eye witness to a similar accident suffered by Mrs Barry, another resident of Chatham Road, on 12 August 2004. That accident was said to have taken place on Chatham Road within a few yards of where the claimant's accident occurred. Mrs Barry's claim had been due for trial at the same time as that of the claimant (at the direction of the Designated Civil Judge, having regard to the issue of credibility arising from Mr Maguire's involvement as a witness in both claims); however, she discontinued her action the day before trial."

Luckily, some may think, the judge was able to uphold the Council's appeal on a different ground - i.e. the area where this trip and slip occurred was not, in fact, dangerous.

Go to the title link if you think that there is no compensation culture in the UK.

QUIZ QUESTION:

Is there a compenation culture developing in the UK?

NB: I am a claimant lawyer in respect of personal injury work. There are just some cases I would not touch.

Eshaq Khan: The Mad Khan And The Inept Electoral Rigging

This is old news but the case has only recently surfaced on BAILII.

The judgment is a lot of fun, however, and really worth a visit. See the title link.Eshaq Khan is very possibly the most stupid vote rigger in history.

When he was found out in an obvious scam which was bound to be exposed in court, what did he do?

Put his hands up and beg for mercy? Not a bit of it.

He lied.

He claimed that lots of people lived at a small flat uccupied entirely by someone else and their family. He claimed that 16 of his voters lived at a boarded up property. He presented to the court bogus tenancy agreements.

Then he encouraged other members of his gang (mainly family members) to perjure themselves with lies so hilarious and incapable of belief that the judge was wholly bemused that the matter had ever come before him.

It is safe to say that Eshaq Khan is (a) very stupid and (b) a criminal,

The full judgment makes entertaining reading. That cannot be said of every judgment I report but this one I leave you to read for yourself. You will enjoy it.

In God's Name: UK Fundamentalist Stephen Green And His Cult

Dispatches tonight broadcast a documentary about fundamentalist Christians in the UK.

Stephen Green was the prime target so his website is the title link. Never let it be said that I do not give my opponents a fair chance to reply even in the form of getting their revenge in first.

Today at least, his website heads up with a reference to Jeremiah 46. Presumably, he endorses this chapter of the bible. I do not suggest he endorses my citation of the St James' version (which qualifies as literature). I am afraid he will have to live with that.

Now, this is a chapter of the bible quite as warlike as some things in the koran. I am puzzled therefore why Mr Green describes Islam as a religion created by the anti-christ. I am also puzzled why he cites a passage "against the gentiles" when he is one.

I set out below some quotations from the Dispatches programme. Some are reported speech because I could not type fast enough.

Unidentified speaker to schoolchildren:

People turned into a pillar of salt

He sent snakes to bite them… This really really happened.

The Headmaster of the school they run:

Using the bible to teach science really really helps.

Refuses to answer questions concerning school teaching that earth is 4-6000 years old.

Andrea the campaigning barrister:

4,000 years.

Islam is a false religion.

Mostly dodged questions.

Other unidentified (but same person):

I have tasted the goodness of God.

I don’t want you to barbecue forever.

The Sayings of Stephen Green:

I don't like it. (On being interviewed).

No I have not met anyone who stopped being gay because of our leaflet. (On the effectiveness of his mission to suppress homosexuality).

The judgment that is looming is the menace of islam – if that is not the judgment of God I don’t know what is. (On a competitor faith).

God has honoured us by visiting financial ruin on the producers and the theatres. (On Jerry Springer the Opera).

The bird pooh was a message from god telling me not to participate in the interview. (On bird pooh falling on his revered person).

Attempt By MPs To Block Disclosure Of Expenses Fails Miserably

Corporate Officer of the House of Commons
Appellant

- and -

The Information Commissioner
Heather Brooke
Ben Leapman
Jonathan Michael Ungoed-Thomas
Respondents

"ACA" below = Additional Costs Allowance, an allowance payable to Members of Parliament (MPs) who represent constituencies outside London or outer London.

This is the appeal to the High Court to protect MPs from having to make proper and full disclosure of certain expenses paid to them out of tax payers money.

I have been following this story and relevant previous posts are:

7th May, 2008:
Speaker Martin: Update, Update, Update, Update!

13th April, 2008:
Speaker Martin: Update, Update, Update!

1st April,2008:
Speaker Martin: Update, Update!

22nd February, 2008:
Buffoon Dressed In A Little Brief Authority

The following are extracts from the decision. They speak for themselves. You can read the full judgment by clicking on the case title above.

Key Extract:

Once legislation which applies to Parliament has been enacted, MPs cannot and could not reasonably expect to contract out of compliance with it, or exempt themselves, or be exempted from its ambit. Such actions would themselves contravene the Bill of Rights, and it is inconceivable that MPs could expect to conduct their affairs on the basis that recently enacted legislation did not apply to them, or that the House, for its own purposes, was permitted to suspend or dispense with such legislation without expressly amending or repealing it. Any such expectation would be wholly unreasonable.

Key Extract:

Even if (which we do not accept) MPs were justified in anticipating that the details of their claims for ACA would not normally be disclosed, once it emerged, as the Tribunal has found, that the operation of the ACA system was deeply flawed, public scrutiny of the details of individual claims were inevitable. In such circumstances it would have been unreasonable for MPs to expect anything else.

Key Extract:

Having closely examined the privacy issue, not only as it related to the MPs claiming ACA, but also to anyone living with them, the Tribunal concluded that "the ACA system is so deeply flawed, the shortfall in accountability is so substantial, and the necessity of full disclosure so convincingly established, that only the most pressing privacy needs should in our view be permitted to prevail". It may be that the system will be revised, and subject to much more robust checking to ensure, for example, that the addresses to which ACA relates do in fact exist, and that the claims for them are within the scheme and not excessive. If so, the case for specific disclosure of such addresses may be rather less powerful. As it seems to us, all the necessary elements to the decision making process were properly recognised and carefully balanced by the Tribunal. No basis has been shown to justify interference.

Further:

Speaker Michael Martin is said to be considering a further appeal and has sacked lawyers who have advised that his case will not succeed.

QUIZ QUESTIONS:

What is it that he and other MPs are so desperate to hide?

What are the legal fees so far for this doomed litigation? Clue: six figures should be your starting point.

Do they not realise that their desperation is deeply unattractive to the public?

Do they fail to understand that the desperation suggests that they trying to hide their corruption?

Snake Man Escapes By Slithering Out Of Jail In Vienna

The title link is to a Reuters news item. It begins:

"A man has escaped from his Austrian jail cell by squeezing through a food hatch in the door..."

Let us hope the Snake Man is not now in Austria teaching his techniques to Josef Fritzl. Also, please not to the new Austrian Axe Man.

WHAT IS AUSTRIA COMING TO?

This is a selection of articles in The Times. I am a blogger not a newspaper so do not expect "balannce" in the selection. Articles are selected on the basis that I find them interesting; just as the link above to India Knight's opinion was chosen by me as the most interesting link.

Austria: ‘We have to ask what’s going wrong’

Experts reveal that one in six girls in Austria abused at home

Austria fights back against 'Land of Dungeons' tag

John Hemming MP: A Nutter Reverses Progress For Fathers In The Family Courts

This is the extraordinary case of RP v Nottingham City Council. It is a child care case and, as previous posts make clear, I do not believe that these are always handled correctly. That is not the focus here.

John Hemming MP has engaged in a totally misjudged and ill-considered attack on the professional integrity of solicitors, barristers, social workers and experts. Lord Justice Thorpe has administered a thoroughly justified rebuke. In my view the Court of Appeal judgment calls into question Mr Hemming's fitness to be an MP. The conclusion of Lord Justice Thorpe was:

"As to Mr. Hemming, my judgment is that his self-imposed role as a critic of the family justice system is gravely damaged, and speaking for myself I will not be persuaded to take seriously any criticism made by him in the future unless it is corroborated by reliable, independent evidence."

Hemming's allegations included:

• the Official Solicitor lied and fabricated a letter


• the solicitor instructed by the OS fabricated attendance notes


• the expert was in the pay of the local authority and therefore did not give a true opinion

The second of Lord Justice Thorpe's reasons for setting out in some considerable detail the facts of this matter was:

"to record Mr. Hemming's quite extraordinary reaction to SC's file. After Mr. Peter Jackson QC had taken us through the references to SC's discussions with RP about the role of the Official Solicitor (perhaps not, in fairness to Mr. Jackson, in quite the same degree of detail as I have done) we invited Mr. Hemming to reply on RP's behalf. I confess that, no doubt with considerable naivety, I had expected a recognition on his part that, whatever RP's perspective of the Official Solicitor and his role, the record made by SC would be respected, and that Mr. Hemming would acknowledge that, to some extent at least, RP's recollection had plainly failed her.

Not a bit of it. So astonished was I by Mr. Hemming's response that I asked the transcribers to make me a CD Rom of the exchanges which occurred, so that my note of them could be supplemented by the record. In a nutshell, Mr. Hemming's response was that the evidence contained in SC's file had been made up: in a word, fabricated."

Whilst the full judgment should be read I feel I must post the following lengthy segment:

"Over the period during which this judgment has been reserved, I have, of course, carefully considered Mr Hemming's interventions in this part of the case, and I have re-read the files. Having done so, the feeling of incredulity which I experienced on 4 March has not diminished.

In my judgment, SC's files demonstrate overwhelmingly four clear facts. They are; (1) that RP was fully aware that SC had doubts about her ability to provide instructions; (2) that RP was fully aware that the Official Solicitor was being approached to act on her behalf; (3) that she was fully aware that the Official Solicitor had been appointed, and was representing her; and (4) that she was fully aware of his role in the proceedings. In short, RP's assertion that she did not know the Official Solicitor was acting for her is manifestly unsustainable.

Mr. Hemming's response on RP's behalf is that this cannot be so because the file has been interfered with. I have, of course, considered that response with care. It is a profoundly serious allegation. However, it is one for which, in my judgment, there is absolutely no evidence. The only query is the mistaken date on the typed attendance note.

I find it not only unacceptable but shocking, that a man in Mr Hemming's position should feel able to make so serious an allegation without any evidence to support it. In my judgment, it is irresponsible and an abuse of his position. Unfortunately, as other aspects of this judgment will make clear, it is not the only part of the case in which Mr Hemming has been willing to scatter unfounded allegations of professional impropriety and malpractice without any evidence to support them.

I can simply see no reason why the file should not be taken at face value as accurately reflecting what occurred. The file simply reflects and records the actions of a solicitor doing her best to represent a disadvantaged client. I can see absolutely no reason why SC should have made false entries on the file and no reason why she should not have forwarded the Official Solicitor's letter of 11 December and the explanatory leaflet to her client. I ask myself the very simple question: why should she behave in this manifestly unprofessional way? In the crude phrase: what was in it for her? The answer to the second question is, of course, nothing."

Mr John Hemming MP has done nothing but damage the cause he espouses.

His behaviour in this case was utterly deplorable.

In an earlier age, not long ago, well, only decades ago, an MP in his position would have done the honourable thing and resigned.

Speaker Michael Martin: Update, Update, Update, Update!

The "Update, Update!" take is wearing thin as an associative reference to the Speaker's "Order, Order!" said in his own spectacularly unauthoritative manner (particularly as regards labour politicians). I promise to change it next time Michael Martin behaves in a stupid manner that I can bother to comment upon.

He is at it again. See the title link.The Daily Mail reports today:

"House of Commons Speaker Michael Martin launched a High Court bid today to block an "unlawfully intrusive" decision to force disclosure of MPs' expenses".

It also reports:

"The decision to challenge the Tribunal angered many MPs and freedom of information campaigners, not least because of its cost.

Westminster's anti-sleaze chief, Sir Christopher Kelly, described the move as "unfortunate" and said it suggested MPs have something to hide".

Speaker Martin appears to have a genious for only one thing: damaging himself and damaging everyone else who has ever been associated with him; including both his wife and every other member of parliament of whatever party.

THE QUIZ QUESTION FOR TODAY CAN ONLY BE:

Is Michael Martin the worst Speaker in history?

Previous Posts:

13th April, 2008:
Speaker Martin: Update, Update, Update!

1st April,2008:
Speaker Martin: Update, Update!

22nd February, 2008:
Buffoon Dressed In A Little Brief Authority

Mr Loophole Does It Again!

Those of you who are not criminal defence lawyers may raise the odd eyebrow at his successes but Nick Freeman has clearly earned his self-bestowed title of "Mr Loophole". Well, apparently, it is a registered trade mark. No doubt, this is to prevent unfair competition with such an otherwise likable man who is a stalwart of his local community.


His latest coup is to have successfully defended Andrew Flintoff against a speeding charge (87 mph in a 50 mph zone) because the notice was sent two days late.


I entirely agree that the defence, although technical, was entirely justified. The Crown Prosecution Service must be held strictly to statutory requirements for a successful prosecution.

I am not sure all of the non-lawyers who do not read this site anyway will necessarily agree.

That, however, is a matter for Parliament.

I do think legal aid criminal lawyers should be learning a few tricks from Mr Freeman. Surely, these defences ought to be available to all and not just the rich and famous who can afford Mr Freeman.

Look, You Guys Elected President Bush: Boris The London Mayor Again

School Days - Boris Johnson


We in the UK at least knock some education into them before we elect them to office. In the US you seem to elect them to office and then knock the education out of them:



But here he was before:

East Sussex County Council Branded "Disgraceful" By The Court Of Appeal

East Sussex County Council is within my geographic area. Until the government rendered it uneconomic to maintain a legal aid franchise I used to handle child care cases involving them. I rarely came across a lawyer who did not regard their social services department as badly managed and arrogant. The Court of Appeal has now confirmed this opinion and condemned them. See the title link.

In argument, a number of adjectives were used to describe the conduct of the local authority / adoption agency [East Sussex County Council's SS] (henceforth "the agency") in this case. Over the period during which this judgment has been reserved, I have re-read the papers and reflected on the agency's conduct. In the event, I have come to the conclusion that the only word I can use to describe it is "disgraceful". That is not a word I use lightly.

Lord Justice Wall went on to criticise the barrister in the case (Ms Briggs of Crown Office Row in Brighton):

"During the course of argument, we gave counsel for the agency every opportunity to defend and justify its conduct. In my judgment, she not only failed to do so: worse, she did not appear to think the exercise necessary. On her argument, the agency was acting within the letter of the 2002 Act, and in the best interests of the child. Although she acknowledged that aspects of the agency's conduct were likely to be criticised, her attitude came across, to me at least, as – in effect – so what? If the 2002 Act permitted the agency to do what it did, why was the manner in which it did it relevant?

In my judgment, the conduct of the agency in this case demonstrates a profound if not total misunderstanding of its functions under the 2002 Act. Moreover – and this I find particularly dispiriting - it provides useful ammunition for those who criticise the Family Justice System for administering "secret" justice, and who attack social workers as a group for their arrogance and the manner in which they abuse their functions by both removing children from their parents unlawfully, and by stifling legitimate parental responses."

This was an adoption case. East Sussex Social Services forced through the adoption before the father of the child's application to set it aside could be heard. They were fully aware of the application because the father's solicitors had written to them.

"There was no reply of any kind to that letter. Counsel for the agency was either unable or unwilling to offer any explanation for the total failure to reply, but in my judgment, given the agency's subsequent behaviour, only two inferences, both adverse to the agency, can properly be drawn from that failure. They are; (1) that the agency did not wish to give the father or his solicitors any information; and (2) it wished, as the judge found, to "scupper" or "stymie" any application which the father made to the court. These two inferences are, in my judgment, irresistible. Indeed, there is no alternative explanation. Certainly counsel for the agency did not proffer any alternative."

And further:

"Both the agency and the recipient of the letter of 17 January must understand that the failure to answer the letter was not merely discourteous and thoroughly bad practice, but that it can only be seen as a deliberate attempt to keep the father in the dark, so that the agency could proceed to place the child and thus prevent the father from making an application to the court under section 24(2) of the 2002 Act. It is this conduct in particular on the part of the agency which leads me to categorise its conduct overall as disgraceful."

I need not go on but you should read this case if only to discover the full extent of the "abuse of power" and "sharp practice" in which East Sussex County Council's social services are prepared to indulge where the welfare of children is involved.

Enemies Of Freedom Part One

Anindya Bhattacharyya is a hideous example of an enemy of freedom. He abuses freedom in order to attack it.

One cannot rationally “debate” with those who systematically lie about their real aims and views, nor can one “debate” those who use terror tactics and thuggery against ethnic minorities, trade unionists and anyone who disagrees with them.

Oh, really? You stupid man.

What do you recommend as an alternative to rational debate? You tell us:

Mere words are not enough to defeat them – they must also be physically confronted and excluded from public space.

I detest the BNP but I detest you equally Mr Bhattacharyya. You are a fascist.

Ryanair Again and Again!

Gosh! I thought I would research Ryanair's involvement in legal cases but a quick search on BAILII for the occurrence of the company's name revealed 94 cases in which the name of the company has been mentioned.

I do not say they were a party in each case; merely that this is a more daunting task than I had envisaged.

A love of litigation does not seem uncommon among the wealthy; however parsimonious they might be in other respects.

Previous Posts:

Ryainair Disregards The Law, Again!

Terror or Freedom?

The Times reports today that the High Court is about to deliver a new blow on terror to the government. See the title link.

I hope they are right. According to the article in The Times:

The government has used subordinate legislation to deny terrorist suspects the right to get legal advice, make them apply to the executive for £10 a week expenses (pardon? are we trying to starve them to death?), restricted their right of appeal to an appeal to the body that made the original decision and denied them access to any information that would enable them to establish grounds for an appeal.

Has it really gone this far?

It also seems that these truly draconian rules have been brought into force without being debated in parliament.

I almost refuse to believe that any Uk government would descend into this Stasi nightmare. I assume that The Times is not making it up, however.

Snoopers Want To Snoop More

"The level of trust in official statistics is currently very low in Britain, a fact recognised by Government through the introduction of the legislation, with cross-party support and support from the devolved Administrations, to establish the new Authority. A recent survey released by the Office for National Statistics (ONS) on 17 March 2008 found that only one in five people think figures are compiled without political interference. The UK came 27th out of 27 in a recent survey within European countries of trust in their Governments’ statistics."

Oh, yes? You lying little snoopers. See the title link and give them no information at all, ever.

Heroic And Troublesome Coroner Moved Sideways

The heroic Oxford coroner Andrew Walker (a thorn in the side of the Ministry of Defence) has been moved sideways.

It is not accurate to say that he has been sacked (as is widely reported on the internet). He was on a fixed term contract and his contract is not being renewed.

The reason given for this is that the "resources" (i.e. the three additional coroners appointed to deal with a backlog of military inquests in Oxford) are no longer required. See this article. The Department of Constitutional Affairs said:

"The government believes that these extra resources can complete all 85 inquests by May 2007."

I love the Dalek-like reference to human beings as resources!

However, Andrew Walker is indisputably an able, efficient and incorruptible coroner. Even if you want to get rid of him it is going to look bad if you simply dispense with the services of such a useful "resource". But, he is a bloody nuisance. See this article.

SOLUTION: Move him to be coroner for Hornsey in North London.

RESULT: The Ministry of Defence can rest easy. Des Browne can smile again. Not many dead soldiers in Hornsey.


If anyone says the government did not recognise Mr Walker's sterling qualities (thorough, precise, fair etc.) they can respond that his job as coroner was redundant (we terminated the other two temporary coroners as well), they have given him an important job in Hornsey and their critics are being unreasonably cynical. Oh, you are not really suggesting that the Department of Constitutional Affairs would make a decision to move a coroner simply because it was in the interests of the Ministry of Defence, are you?

Well, I might be. I know you do not do not do much in the way of joined up thinking but maybe you are capable of just a little when the self-interest of ministers is involved.

I can only imagine the response but it might consist of the exclamation "Oh, really!" and the stamping of a foot. Well, I was not suggesting that they had climbed out of their prams. Ok, I have not suggested it yet.

I should quote one tribute by one parent of a dead soldier:

"We wish to pay tribute to the coroner Andrew Walker, for his unrelenting quest for the truth, his objectivity in considering all the evidence and his humanity in the way he dealt with us, the family.

He is, indeed, a fine and wise coroner."

Well, you can see why the government does not like him!
Previous posts:

The Oxford Coroner Andrew Walker and Jason Smith

Who Will Rid Me Of This Turbulent Priest?

The Oxford Coroner Andrew Walker And Jason Smith

I promised in a previous post (Who Will Rid Me Of This Turbulent Priest?) to provide an update on the brave Oxford Coroner and his right to criticise the government, when the judgment became available. It now is, at the title link.

The following extracts give the flavour of the reasoning of Mr Justice Collins:

"Ms Moore [for the Secretary for Defence] submitted that it was impossible to afford to soldiers who were on active service outside their bases the benefits of the Human Rights Act. If the Act was to apply, it had to apply in all aspects. The circumstances of any particular case will determine whether an Article is breached. I am concerned with Article 2. This reads, so far as material:-

"1. Everyone's right to life shall be protected by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection." ..."

He then referred to the difficulty of imposing human rights obligations in battle conditions and went on:

"But the soldier does not lose all protection simply because he is in hostile territory carrying out dangerous operations. Thus, for example, to send a soldier out on patrol or, indeed, into battle with defective equipment could constitute a breach of Article 2. If I may take a historical illustration, the failures of the commissariat and the failures to provide any adequate medical attention in the Crimean War would whereas the Charge of the Light Brigade would not be regarded as a possible breach of Article 2. So the protection of Article 2 is capable of extending to a member of the armed forces wherever he or she may be; whether it does will depend on the circumstances of the particular case. ..."

"It was common ground that the circumstances of Private Smith's death gave rise to concerns that there may have been a failure by the army to provide an adequate system to protect his life. Thus the Middleton approach to the inquest, namely that in deciding how the deceased met his death, the coroner should consider in what circumstances death resulted, should prevail. On the last day of the inquest, the coroner asked for argument whether the evidence justified a finding that there was even arguably a breach of Article 2. He decided that no such finding was justified. It seems he thought that a conclusion on this was needed since it would dictate the contents and form of the verdict he would announce.

In my view, he was wrong to entertain the argument. The procedural obligation under Article 2 was to hold the necessary inquiry and to find the necessary facts. If those facts showed that there was no breach of the substantive obligation and that nothing different need be done in the future to protect life, that should be indicated by the verdict. The family needed to know what were the conclusions on the important issues. Thus the inquest is not the means whereby a substantive breach of Article 2 is to be established – indeed, as will become apparent, a verdict which appeared to determine this would be likely to be contrary to Rule 42(b) of the Coroners Rules 1984. It is to decide by what means and in what circumstances the deceased met his death. ..."

He then referred to the European Court of Human Rights key decisions and in particular quoted from Jordan in the House of Lords:

"The investigation must also be effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances and to the identification and punishment of those responsible. This is not an obligation of result, but of means. The authorities must have taken the reasonable steps available to them to secure the evidence concerning the incident, including inter alia eye witness testimony, forensic evidence and, where appropriate, an autopsy which provides a complete and accurate record of injury and an objective analysis of clinical findings, including the cause of death. Any deficiency in the investigation which undermines its ability to establish the cause of death or the person or persons responsible will risk falling foul of this standard."

He concluded that a coroner must be entitled to conduct an effective investigation in compliance with the above.

The conclusion of Andrew Walker which the Ministry of Defence attacked was that:

"On the 13th August 2003 Jason George Smith was on active service when found suffering with heatstroke at the Al Amarah stadium where he was stationed. He was taken to a medical centre at Abu Naji Camp where he died. Jason George Smith's death was caused by a serious failure to recognise and take appropriate steps to address the difficulty that he had in adjusting to the climate."

He went on to summarise the MOD attack and to further conclude:

"While there was a somewhat faint argument that the word 'failure' was undesirable, the real attack by Ms Moore was directed at the adjective 'serious'. It is obvious that there is some tension between the prohibition contained in Rule 42(b) and the need for an Article 2 inquest to identify those responsible and shortcomings so that they can be remedied for the future to avoid similar deaths. Section 8(3)(d) of the 1988 Act, which requires a jury if the continuance or possible recurrence of the circumstances in which the death occurred is prejudicial to the health or safety of members of the public, creates its own tension since there must be examination of and findings in relation to any shortcomings which led to the death and which may need to be addressed."

In a final (itself robust) attack Mr Justice Collins stated clearly that a coroner is entitled to be robust (trenchant, perhaps, or even, severe) when making his findings:

"Ms Moore submits that a verdict which speaks of a failure is in danger of transgressing Rule 42(b) and the addition of the adjective serious crosses the line. It is, she says, not neutral but pejorative. But the coroner was recording the evidence of witnesses and concluding that that evidence was accepted. Ms Moore accepts that he would have been entitled to record that acts or omissions existed which were directly relevant to the cause of death. To identify them would have had much the same effect as describing them as failures. The prohibition is against framing a verdict in such a way as to appear to determine any question of civil liability. The word determine is important; a finding that there was a failure to act in a particular way does not appear to determine a question of civil liability. It no doubt will assist a potential claimant, but it is the evidence which is elicited which will in the end be material, not the verdict of the coroner or the jury. No doubt, assertions that there has been a breach of a duty of care or that there was negligence should be avoided, but I do not think that findings of fact, however robustly stated, can be forbidden."

Thus the MOD and its silly minister Des Browne were swatted down and effectively held up to ridicule for their breaches of human rights and their pathetic attempt to defend them.

I now hear that the coroner will not be reappointed. More tomorrow.

Conclusive Proof That The Chinese Government Is Composed Entirely Of People Who Are Certifiably Insane

They want to do it again?

The title may be long but I need add no more. Just click on the title link.

Mbeki Disgraces South Africa

President Thabo Mvuyelwa Mbeki has brought disgrace on himself and his country by his continued refusal to criticise Zimbabwe's Robert Mugabe.

He has long stated that Africa should regulate itself but his servile and hypocritical attitude to his neighbour wholly undermines this position. He seriously calls into question any suggestion that Africa is capable of performing this role.

Mugabe is just as bad as his white racist pedecessors:

Tibet Revisited: Where Lies The Truth?

Who do we believe? A video selection.

Who WIll Rid Me Of This Turbulent Priest?

CORONER ANDREW WALKER

The Ministry of Defence aka Des Browne tried to gag coroner Andrew Walker and stop him from criticising the government of the UK from sending ill-equipped soldiers on virtual suicide missions.

The High Court, in the person of Mr Justice Collins, has told the government that they are a shoddy bunch of toe rags and, if they want to silence the heroic Mr Walker, they had better send out a posse of knights with big swords.

More when I have read the judgment.

Ryanair Disregards the Law, Again

The Times reports today that Ryanair is facing prosecution and a substantial fine on a reference to the Office of Fair Trading by the Advertising Standards Authority. See the title link.

The following extract perhaps indicates Ryanair's attidude:

"In January Ryanair refused to withdraw an advert of a woman dressed as a schoolgirl, despite the authority’s ruling that it breached advertising rules on social responsibility and decency. Ryanair accused the authority of censorship, saying that it was run by “unelected, self-appointed dimwits”.

The authority also upheld a complaint that Ryanair had published misleading information about the effect of aviation on climate change. A Ryanair spokesman said that ASA stood for “Absolutely Stupid Asses”.

Ryanair lost £20 million in February after closing its website to comply with an OFT ruling that it should advertise prices inclusive of taxes and charges."

Ryanair has history!

The best site to visit, if you contemplate flying with them, is Ryanair Campaign. Ryanair has made repeated attacks on this site so it clearly worries them. The site comments:

"We suspect that Ryanair's main intention, as evidenced by their solicitors' letters demanding that the site be shut down as long ago as 2004, is to censor the content of this site. However, they have been successful in gaining control of the domain name ryanair.org.uk, having complained on the grounds that it infringed their trademark. This effectively censored the content, until they attempted to gain control of our current domain name, ryanaircampaign.org, and were unsuccessful, resulting in a lot of publicity. Neither judgement had anything to do with the content of this site.

We accepted the judgement (by Nominet) about our original domain name (from which we have never earned a penny, nor in any way attempted to pass ourselves off as Ryanair) and moved to the current domain name specifically to avoid the trademark issue. Search engine ratings inevitably plummeted, and the campaign was effectively over, but Ryanair could not resist snatching defeat from the jaws of victory. They made an incompetent complaint about ryanaircampaign.org, the ruling in which not only gave us publicity, but seems to be a precedent in the interests of free speech."

There is also an interesting video on YouTube:



There are also over 400 comments on this video at YouTube so you might wish to go there.

From the above, one might easily conclude that Ryanair has complete contempt for both regulatory authorities and the law. Perhaps it operates on the basis that the only penalty it will face is a financial one and that is so rich that it can afford any penalty that might be imposed. This leads to a further "perhaps". Maybe, the authorities should take this into account when deciding the level of any fine that should be imposed. If money is all they care about (rather than respect for the law or customer service) then (another "perhaps" - they are notoriously litigious) only a "massive" fine will do the trick.

"Tiny" Tibetan Protest Was "Vile" Says China

NOT WANG HUI*

>

“A tiny number of Tibet independence elements sought to disrupt the relay of the Olympic Games sacred flame through London.” the official said. “We strongly condemn this vile behaviour.”

Well, that makes it ok to lie about it then. On the other hand, given the population of China (see the title link) - 1,319,175,345 at 18:17 GMT+1, the protest clearly was "tiny".

When deciding whether a statement amounts to "a lie" context is important. London is not China. The Tibetan population of England & Wales is truly tiny.

QUIZ QUESTIONS:

1) In that context, was the protest "tiny"?

PICTURE QUESTIONS:

*2) Who is pictured above?

*3) What is his connection to any Wang Hui you can discover?

Free Tibet and Stop This Disgraceful Hypocrisy On The Part Of The UK Government

Pictures do sometimes speak louder than words and I can add nothing. Go to the title link.

The SS: Yes, The Acronym Has The Correct Associations For Our Social Services

The title link leads to what is far from the worst Social Services case of which I am personally aware. Fortunately, the Firm gave up its legal aid franchise some years ago and I no longer have to deal with dispiriting child care cases. This case, however, represents at a fairly average level, the arrogance, incompetence and self-confidence of our SS. That is why it is important. It is not an aberration.

It is the "self-confidence" that really grates. They never admit even the remotest possibility that they could be wrong. Once you come on to their radar; you are finished, your life is finished.

AND IT IS A LOTTERY WHETHER YOU ARE TARGETTED OR NOT!

This is the real disgrace. It is not about funding (although, it is about that as well). It is simply about which neighbour picks up the telephone and reports you.

Read the story; for once the Daily Mail have got it right.

Hang 'em High

Another victim:

SOPHIE LANCASTER

"Sophie, 20, was booted in the face and left in a coma as she tried to protect Robert Maltby, 21, during the “totally unprovoked” attack in a park.

The couple were so badly beaten that medics and police could not tell which was which as they lay side by side unconscious in a pool of blood."

Another victim:

DAVID MORLEY

"Mr Whitehead described lying on the pavement and putting his hands around his head while he was kicked and punched in the ribs and head.

He told the court one of his assailants "seemed to be getting enjoyment" out of it and was smiling or laughing.

He described looking over to see Mr Morley sat against hoardings near the bench.

"A girl ran up and kicked his head like a football. There was only the girl when I saw him. She went over to David. She pulled her foot back and was kicking him like a football very hard to the head two or three times.""

WHAT THE LEGAL PROFESSION IS DOING ABOUT IT:

OUR MAJOR ISSUE: FISHNETS?

"In the case of fishnet tights versus office decorum, the jury was most certainly out yesterday.

A law firm's decision to ban women wearing fishnets to work has left lawyers as neatly divided as a divorcing millionaire's fortune.

The unidentified firm has decreed that female lawyers in fishnets distract male colleagues and look unprofessional".

AND WHAT THE JUDGES ARE DOING:

Mr Justice Coleridge blames youth crime, child abuse, drug addiction and binge-drinking on the "meltdown" of relations between parents and children.

He warns that the collapse of the family unit is a threat to the nation as bad as terrorism, crime, drugs or global warming.

And:

"He will say: "Almost all society's ills can be traced directly to the collapse of family life. We all know it. Examine the background of almost every child in the care system or the youth justice system and you will discover a broken family.

"Ditto the drug addict. Ditto the binge drinker. Ditto those children who are truanting or who cannot behave at school.

"Scratch the surface of these cases and you invariably find a miserable family, overseen by a dysfunctional and fractured parental relationship - or none at all."

Calling for action before it is too late, the judge will say family breakdown is as serious as global warming."

IS HE RIGHT?

The April Fool Was That The Martians Had Not Landed

EMBRYO POLITICIANS: HOW TO SPOT THEM

I am sorry that the April fool post was so obvious. The behaviour of our parliamentarians (as they grandly style themselves) is so obviously non-human that, of course, the Martians have landed. I am using "Martians" as shorthand. I do not swear that they are from Mars. They are just not from this planet. They are either extraterrestrials of some kind or they may merely be escapees from an institution near you. Care in the community is going too far in my opinion but, at least, most of the worst cases have regularly to visit a single centre that we allow them to call the Palace of Westminster. That is why the row over their expenses is misplaced. Without access to that particular trough we might lose track of them.

You may note that this post does not carry any reference to humour in the labels below.

The Martians Have Not Landed

It is being universally reported that the Martians have not landed. Certain British politicians, who are widely suspected to be Martians, are not Martians at all, but have quite other explanations for their unearthly behaviour.