Miscarriage of justice??

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Miscarriage of justice??

Postby grimozi » Thu Feb 12, 2009 12:37 pm

Hi

I saw this on the BBC news website, the article was recently in the Sunday Mail, adoptions can go well as well as wrong and this is a case that has gone terribly wrong for the parents who i really sympathise with , i hope they manage to get the case in question overturned.

The downside is should this be overturned which i doubt it will, then a precedent could be set for other adoptions to be challenged.



A Norfolk couple who lost their bid to overturn adoption orders on three of their children have pledged to continue their legal challenge.

Senior Appeal Court judges accepted Mark and Nicky Webster may be right in thinking they had suffered a miscarriage of justice.

But they said it was not in the interests of the children to set aside the adoption orders.

Mrs Webster said the court case had "left a lot of unanswered questions".

The adoption orders had been made in December 2005 on the couple's three children, named in proceedings as A, B and C.

We're going to discuss with our legal team where we go from here

Nicky Webster

This action was based on evidence of non-accidental injuries inflicted on one of the children.

The couple, from Cromer, applied to get their children back after evidence emerged in 2007 which appeared to show that the injured child's condition may have been the result of a medical condition.

After Wednesday's case, Mrs Webster, 27, said they had been warned "not to be too hopeful" and that they were "still trying to work out exactly what it all means".

FROM THE TODAY PROGRAMME


More from Today programme

Mrs Webster said she and her 35-year-old husband did not feel they had been cleared of involvement in injuring the child.

"They've only skimmed the surface. They haven't dug deeper," she said.

"You see cases on the news about people harming their children.

"It's beyond belief that we were put in a similar pigeonhole to that."

In a summary of their decision, the judges said: "The circumstances in which adoption orders can be revoked or set aside are extremely limited. None applied in the present case."

Mrs Webster said the couple would meet their lawyers to decide on their next course of action.

"On the one hand they (the judges) are saying it's in our favour and they fully understand why we're doing what we're doing.

"But on the other hand they're saying they can't help us.

"We're going to discuss with our legal team where we go from here."

The court added that doctors and social workers involved in the case had "acted properly throughout".
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Postby j-h-g-5 » Fri Feb 13, 2009 9:26 am

As you surmise, chances of the decision being overturned are remote, despite the seemingly obvious miscarriage of justice.

No doubt it will be argued in court that the children are now settled, so to 'uproot' them again will bring only further turmoil and upheaval. Never mind the carnage left behind as a result of this typically inept action.
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Postby Janej » Fri Feb 13, 2009 11:35 am

Hi

I saw an interview on daytime TV yesterday with the parent's solicitor and he said that they were pretty much resigned to the fact that they were never goiung to get their children back on a permanent basis but that they wanted contact with them and they wanted the children to know how hard they fought to get them back and to be made aware of the situation once they were old enough. I thought that was a pretty reasonable request seeing as though SS had messed up the entire family's lives but apparently SS have no power to make the adoptive parents comply with this so it isnt going to happen!!
I know the children's welfare must come first but I think this couple have been very badly let down by the system and I feel that everything should be done to accommodate their request and try to minimise the hurt caused by their mistakes.
Jane
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Postby Montravia » Sat Feb 14, 2009 10:11 am

I've been following this story right from the start and feel incredibly sad for them. The least the courts could do is let them have some kind of contact. When the children are old enough to know the truth and if they do find out I can't begin to understand how they will feel.
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Postby johnlee » Tue Dec 22, 2009 6:08 pm

Its actually hard now to deal with miscarriage of justice and corrupt british judicial system.



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Postby stantheman11 » Mon Mar 01, 2010 4:07 am

It is scandalous just what the social services are doing to children and families ,have a read at this http://dadpeter.co.uk/forum/index.php/topic,159.0.html

How these social workers are getting away with what thy are doing is unbelievable.I bet half these people on here that were adopted ,should never have been taken off there parents ,and i can believe that the social services told loads of lies in court about there parents,so that thy could get there children off them.Believe you me this is happening to hundreds of families.
I am going to copy this and post it on the dadpeter website forum.
Regards :wink:
TRACE YOUR BIRTH FAMILY AND FRIENDS

http://www.dadpeter.co.uk
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