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A major injustice

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Lady Butler-Sloss: Judges decision should have set alarm bells ringing.

Lady Butler-Sloss: Judges decision should have set alarm bells ringing.

A COURT case involving parents of a severely disabled adult is still ongoing despite the Council’s conduct, and that of an expert witness it instructed, being the subject of fi erce criticism by the Ombudsman and the GMC. In order to preserve the identity of the disabled adult concerned and their parents, The Herald will adopt the Ombudsman’s approach to anonymity. In 2010, carers from Perthyn Care were assigned to assist in the care of H, the 18 years-old autistic daughter of Mr & Mrs G. Mr & Mrs G became concerned that despite being provided with £10 to buy lunch for H, the carers failed to provide receipts for the expenditure. Mrs G, in particular, became concerned that the money was being pocketed and decided to end the arrangement with the carers and told them that their services were no longer required. The same day as they were told their services were not required, the carers prevailed upon Mrs G to allow them to take H swimming.

She agreed. Mr & Mrs G did not see their daughter for six months. The carers reported that H, by means of a controversial communication method called ‘facilitated communication’ had made serious allegations of sexual abuse against her parents, including an allegation that Mr & Mrs G had prostituted her to men. Facilitated Communication is a system whereby it is claimed a disabled person, through the use of a letter board and simple vocabulary, is able to express themselves. They can do this themselves or with assistance. Signifi cantly, the allegations of abuse were made when H was ‘assisted’ by the carers who had been dismissed by Mr & Mrs G. H was removed to Ty Hendy by the local authority, a police investigation was launched, and the council planned – at a later stage – to foster H out of the County and beyond her parents’ reach. In order to buttress its position, the Council instructed Dr Rowan Wilson to pen a report determining H’s ability and – particularly – her mental capacity. Dr Wilson, through the use of what can be deduced to be facilitated communication assisted by a third party, possibly one of the carers who had transmitted the allegations, determined that H had a relatively sophisticated vocabulary and understanding and was mentally competent.

He concluded that H understood what it was claimed she had alleged against her parents. The specialist appointed by the Council to advise it was not expert in the use of facilitated communication and The Herald’s enquiries have revealed that he generally specialises in dementia care. Dr Wilson admitted to a GMC disciplinary meeting convened over his conduct in the matter that he had no experience of the use of facilitated communication either to gather evidence or to assess mental competence. Dr Wilson was found guilty of serious misconduct by the GMC. In mitigation, Dr Wilson’s lawyer told the GMC hearing that the doctor had acted in good faith but had been misled by a care worker, engaged by Carmarthenshire Council, acting on a ‘very signifi cant element of malice’. For the avoidance of doubt, that care worker was one of those dismissed by Mrs G in October 2010. The question of facilitated communication’s use should not, however, have arisen. In 2000, Lady Butler-Sloss, President of the High Court Family Division, had given a stern direction about facilitated communication, declaring that it was a dangerous, unverifi ed technique that should never be used again in any British court to support sexual abuse charges. Indeed, an expert witness at the GMC hearing into Dr Wilson’s conduct told that tribunal that one phone call (or a Google search for that matter) would have alerted Dr Wilson to the unreliability of Facilitated Communication. A 2001 paper that discussed Lady Butler-Sloss’ decision should have sent even more alarm bells ringing. Its author reported: “fathers are being falsely accused of sexually molesting a child because of information a child types with a hand held by a facilitator.”

The Council, even while it prepared to foster H permanently away from her parents, were made aware of Lady Butler-Sloss’ comments by Mr G. Despite being made aware of potential diffi culties in its ‘case’, County Council Social Services delayed instructing a second expert, Professor Patricia Howlin from November 2010 until January 2011. Professor Howlin’s report was as devastating as it was revealing. She concluded that H not only lacked capacity but cast extreme doubt on the way the facilitator, one of the care workers accused of misconduct by Mr & Mrs G, guided H’s answers. Professor Howlin tested H’s responses when guided and when not guided on the same basic questions. One of Prof Howlin’s conclusions is particularly troubling: ‘on tasks involving facilitated communication, H proved very capable of responding correctly to questions when she and the facilitator had access to the same stimuli. However, when the facilitator was not aware of what H was being asked not a single one of her responses was accurate or correct. This marked disparity between her ability to respond under different conditions cannot be explained by the fact that she was “not on top form”.’ If that is worrying, Prof Howlin’s conclusions on Dr Rowan Wilson’s report is shattering.

‘With respect to the report by Dr. Rowan Wilson it should be noted that this constantly makes statements such as “H stated”; “repeatedly stated”; “recalled my name”; “was able accurately to recall a conversation”; “spontaneously mentioned Ty Hendy in one of her answers”; “repeatedly used complex words”; “has excellent language skills”; “clearly stated”; “clearly understood”; “expressed a clear preference for”; “was able to resume communicating a train of thought”; “deliberated upon”; “showed ability to predict potential consequences”; etc., etc. In fact H “stated” nothing during that assessment. She did not speak at all and although this is barely mentioned, apart from a brief note on page 1, (one of the carers subject to a complaint by Mr & Mrs G) helped H communicate her answers”, it is not made at all clear that all H’s communications were made while supported by (the carer).

Although Dr. Wilson concludes that her communication was reliable’. Professor Howlin concluded that: ‘There is no evidence that H does communicate independently and hence it would be entirely inappropriate to accept any allegations of abuse based solely on statements made under facilitated communication. ‘Further, there is no indication that in any domain H is functioning above a fi ve year level, and in areas related to language, understanding and social relationships her ability is particularly poor. Thus, it is my view that she does not have the capacity to understand the repercussions of any allegations made.’ As far as the complaints of abuse went, that should have been the end of the matter. The fl awed premises upon which the Council had based its actions was systematically demolished by Professor Howlin. In the normal course of things, H should have been returned to her parents.

In fact, H did not return home until some three weeks after the Council received Prof Howlin’s report. Mr & Mrs G complained to the Ombudsman. While the Ombudsman was sympathetic to the complexities of the case and the difficult position in which Council staff found themselves, he described the Council’s conduct as perpetrating ‘a major injustice’. But that injustice was compounded by the Council’s knowledge on or by November 22, 2010, that the CPS had concluded there was no evidence upon which to base a prosecution. The Ombudsman went on to severely criticise the Council for claiming to accept the findings of a critical report prepared by Phil Tyrrell of the Association of Directors of Social Services Cymru. The Ombudsman accused the Council of second-guessing the recommendations of a report it asserted to have accepted. The Herald understands that proceedings brought on behalf of H by a litigation friend, former County Councillor Marie Binney, alleging an unlawful deprivation of liberty, have been settled. Proceedings between Mr & Mrs G and H’s parents remains ongoing. Over four years after the Council returned H to her parents and over three years after a condemnatory Ombudsman’s report, the Council has still failed to reimburse Mr & Mrs G for its embarking upon a course of action which Mr & Mrs G say has ‘ruined their lives’ and caused them financial hardship.

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Welsh Conservatives pay tribute to murdered MP, Sir David Amess

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THE WELSH CONSERVATIVES have released a statement following the murder of serving Member of Parliament, Sir David Amess on Friday (Oct 15).

Paul Davies MS said: “We are horrified by the death of Sir David Amess.

“Sir David was a much-respected and well-liked MP who cared deeply about serving his constituents, something he had done with distinction for nearly four decades.

“One of the longest-serving Members of Parliament, his contribution to public life was vast and he will be sorely missed by those in Southend and in the Conservative Party.

Paul Davies MS said: “We are horrified by the death of Sir David Amess (Pictured)

“Sadly, this shocking and abhorrent incident once again highlights the dangers that public servants can face, all of whom should be able to conduct such duties helping those they represent in safety.

“Our thoughts are with his family and friends. May he rest in peace.”

Stephen Crabb MP took to social media to say: “Love and prayers for the family of Sir David Amess MP this afternoon. Just devastating. Funny, wise, compassionate, and such a good friend to so many of us.

“It was a delight to interview Sir David Amess back in May for a virtual book launch for his autobiography. So much warmth, humanity and love of the job he did so assiduously for almost 40 years. Parliament has lost one of its finest today.”

The MP for Southend West was stabbed at Belfairs Methodist Church in Leigh-on-Sea, in Essex. He was there for one of his regular Friday meetings with his constituents.

Just 15 minutes before the attack, the 69-year-old was standing on the church steps, chatting and laughing with locals.

At around 12:05 PM, Sir David walked into the church alongside two female members of his staff to meet some more constituents.

Local councillor John Lamb said that it was then that the attacker emerged from a small group of waiting constituents and attacked Sir David, stabbing him several times.

“I’m told that when he went in for his surgery there were people waiting to see him, and one of them literally got a knife out and just began stabbing him,” Mr Lamb said.

Police arrived at the scene in Eastwood Road North within minutes where they found the MP with multiple injuries and arrested a man.

“We knew it must be very serious because the paramedics had been working on Sir David for over two and a half hours and they hadn’t got him on the way to hospital,” Mr Lamb told the PA news agency.

At 14:13 an air ambulance arrived at a nearby sports ground to move him to hospital. However, members of his team began to fear the worst as paramedics remained at the scene.

Shortly before 15:00, Essex Police said Sir David had died.

At a press conference later Chief Constable BJ Harrington said officers and paramedics had worked extremely hard to save the MP.

Questions are now being raised about security arrangements for politicians working in their constituencies.

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Family of property developers sentenced for fifteen counts of fraud

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Four property developers were sentenced on Friday (October 15) at Swansea Crown Court to two years imprisonment suspended for 12 months each for multiple counts of mortgage and investment fraud worth over £1m.

Audrey Osborne, 65, and her sons Gary Moore, 43, Clayton Moore, 46 and Ian Moore, 44 pleaded guilty to fifteen counts of fraud, including conspiracy to commit fraud, obtaining money transfers by deception and fraud, following an investigation by South Wales Police Economic Unit.

Osborne ran a mortgage brokerage business, Credence Finance Limited operating all over Wales. This company was used as a vehicle to submit multiple false declarations of income in support of mortgage applications.

In addition to the mortgage frauds, the family secured a number of investors in Dreamscape Homes, including family friends, employees and Credence customers. The investors provided amounts of around £25k, some re-mortgaging their own homes to do so. They received Share Certificates in return. None of the investors received a return as the land was never developed.

John Sheehan of the CPS said: “Between them, Audrey Osborne and her sons committed 15 offences of dishonesty, misleading mortgage providers and betraying the trust placed in them by friends, employees and customers. They did so for their own personal benefit and only admitted their wrongdoing late in the proceedings.

“The CPS will now pursue confiscation proceedings against them to ensure they have not benefitted from their criminal conduct and, if possible, to compensate the victims.”

The CPS is committed to working alongside the government and law enforcement to provide a multi-agency response to combat all types of fraud.

Specialist Fraud Prosecutors work to seek justice in a variety of cases including those that cause the greatest harm to the public, particularly involving vulnerable victims.

The prosecution of the case was led by the CPS Specialist Fraud Division, a dedicated CPS team playing a leading role in the fight against serious and complex economic crime and the financial exploitation of the public, using specialist legal expertise to deliver justice.

The full sentences imposed at Swansea Crown Court are as follows:

Audrey Osborne was sentenced to two years imprisonment suspended for 12 months.

Gary Moore was sentenced to two years imprisonment suspended for 12 months.

Clayton Moore sentenced to two years imprisonment suspended for 12 months.

Ian Moore was sentenced to two years imprisonment suspended for 12 months.

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Parents’ tribute to ‘perfect baby girl’ following fatal collision in Llanelli

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THE PARENTS of a six-month-old baby killed in a collision in Llanelli on Friday (8 October) have paid tribute to their “perfect baby girl” who they say was “a gift from God”.

Eva Maria Nichifor died following a collision involving a blue 3 series BMW and a blue Vauxhall Vectra at the Heol Goffa crossroads in Llanelli at around 9pm.

Eva Maria’s parents Florin and Carmen, who originate from Romania, but now live in Llanelli, have issued the below tribute in English and Romanian.

“We are distraught by our loss. Eva Maria, only six months old, will be missed by us all.

“She was our miracle, our perfect baby girl, a gift from God. She will always be in our hearts.

“We would like to thank everyone for their support at this horrific time. It has meant so much to the whole family.

“We would now like time to grieve and would ask to be given privacy in which to do so.”

Romanian translation:

Suntem foarte supărați pentru pierderea noastră. Eva Maria, avea doar 6 luni si cu toții ii vom simți lipsa.

Ea a fost minunea noastră, un copil perfect și un dar dat de Dumnezeu. Va fi in inimile noastre pentru totdeauna.

Va mulțumim tuturor pentru susținerea voastră in aceste vremuri dificile, înseamnă foarte mult pentru noi.

Am vrea acum puțin timp sa ne adunam in liniște alături de familia noastră.

A woman has been charged with causing Eva Maria’s death by dangerous driving.

Lucy Dyer, aged 23, of Heulwen Terrace, Llanelli, was remanded in custody following the court hearing at Llanelli Magistrates’ Court on Monday (11 October). 

She is due to appear before Swansea Crown Court on Friday, 12 November.  She was also charged with drink-driving.

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