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A major injustice

Thomas Sinclair

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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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Four charged with conspiracy to supply class A drugs

Carli Newell

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FOUR people have been arrested and charged as part of an investigation into an organised crime gang supplying class A drugs from London to Aberystwyth, Llanelli and Swansea.

Dyfed-Powys Police, with support from The Met Police, carried out warrants at four addresses on July 21, resulting in four arrests.

Mohammed Osman, aged 23, Yonis Mohammed, aged 20, Salman Mohamoud, aged 23 – all from Islington – and Amy Simmons, aged 21, from Dulwich were charged with a total of 12 offences:

  • Mohammed Osman: Two counts of conspiring to supply class A drug heroin, and two counts of conspiring to supply class A drug crack cocaine,
  • Yonis Mohammed: Two counts of conspiring to supply class A drug heroin, and two counts of conspiring to supply class A drug crack cocaine.
  • Salman Mohamoud: Conspiring to supply class A drug heroin, and conspiring to supply class A drug crack cocaine
  • Amy Simmons: Conspiring to supply class A drug heroin, and conspiring to supply class A drug crack cocaine.

All four appeared at Llanelli Magistrates’ Court on Friday, July 23, where they were remanded in custody. They are due to appear at Swansea Crown Court for their next hearing on August 20.

The investigation is being carried out by the Ceredigion Serious and Organised Crime Team, Aberystwyth CID and the Operation Orochi command of the Met Police.

Detective Sergeant Steve Jones said: “These four arrests and charges are the result of a coordinated approach to target an organised crime gang we believe is running a county lines operation into the Dyfed-Powys Police force area.

“We will continue to work diligently to disrupt gangs of this kind, to prevent the supply of illegal substances into our community.

“I would like to thank all officers involved, as well as the Met Police for their part in the operation.”

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New children’s play area in Bryn as part of new council housing development

Carli Newell

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A NEW children’s play area has opened in time for the summer holidays in Bryn, Llanelli as part of a new £5.9million council housing development.

Carmarthenshire County Council is building 32 new homes on land close to the Dylan housing estate in Bryn.

The scheme will be made up of 22 two-bedroom homes, four two-bedroom bungalows and six four-bedroom homes and is part of the council’s ongoing drive to deliver more affordable homes across the county. It has been part funded through the Welsh Government’s Affordable Housing Grant.

The development also includes a new children’s play area, funded by the council in partnership with Llanelli Rural Council, which will take over the running and maintenance of the play area on completion.

Executive Board Member for Housing Cllr Linda Evans said: “I am delighted the park has been completed in time for the summer holidays for the local children to enjoy.

“We are committed to delivering more affordable housing across Carmarthenshire and this development will benefit dozens of families in Llanelli, as well as proving much needed facilities for the local community.

“I would like to thank the rural council for collaborating with this us on this and I hope the children are thrilled with it.”

Before designing the play area, the rural council liaised with local schoolchildren to find out what play equipment they wanted at their new park.

Llanelli Rural Council Chairman Cllr Tegwen Devichand said: “The council is delighted to be working in partnership with Carmarthenshire County Council to provide this wonderful new play area for the community.

“The opening of the play area couldn’t have been better timed to coincide with the school holidays. I hope the local children will enjoy the range of challenging play equipment on offer and that they have lots of fun using it over the summer.”

The housing development is due to be completed by the beginning of 2022.

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Burry Port Harbour lighthouse overhaul tops council’s £2million investment

Carli Newell

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A £2MILLION investment in Burry Port Harbour is nearing completion, topped off with the iconic lighthouse getting a fresh lick of paint.

Carmarthenshire County Council is behind a range of improvements to maintain and restore the historic harbour which is one of the county’s most loved and well visited beauty spots.

Restoration of the Grade II listed harbour walls, undertaken under the guidance of CADW, will conclude within the next few weeks.

The council has also been working alongside The Marine Group, which operates the harbour, to improve mooring facilities. They are working closely with fishermen to bid for funding for new commercial pontoon infrastructure.

It will add to investment made over previous years which saw the council spend almost £1.5million on new pontoons, and over £300,000 in maintaining the harbour railings and bridge.

A local operator has agreed a lease for a cafe and public toilets on east side of Harbour, and the refurbishment of the old RNLI harbour office has recently started by The Marine Group (TMG) to create a harbour-side coffee house.

TMG has also invested in a state-of-the-art dredger which arrived at the harbour last autumn. Dredging is well underway and will continue until targeted depths are reached.

Boat lifting equipment and new fuelling points are also planned.

The council has introduced community safety officers to patrol the harbour assisting tourists and local people during the summer months, especially to advise around Covid regulations, as part of a tourism hotspot plan to take care of issues such as parking, litter, street cleansing, enforcement and signage.

Temporary car parking surfacing has also been laid on the east side along with new pay and display facilities ahead of a wider multi-million regeneration plan that will transform the harbour with a mix of housing, commercial and leisure space covering around 13 acres of prime development site.

Cllr Peter Hughes Griffiths, Executive Board Member for Culture, Sport and Tourism, said: “We are proud of our continued investment in Burry Port Harbour. We are spending millions restoring and maintaining historic features that are much-loved by local people and visitors who come from far and wide to enjoy what the harbour has to offer.

“We continue to work closely alongside The Marine Group and Pembrey and Burry Port Town Council to plan and prioritise works and ongoing maintenance. We are as keen as everyone else to ensure it is well-maintained and continues to be a place people can enjoy.

“We appreciate that there has been some upheaval during these improvement works but we ask people to understand that our investment will make Burry Port Harbour an even better place for the future.”

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