Subject: Re: F (A child) B4/2015/0711 URGENT
Sent: 23 Apr 2015 13:22 by a very experienced McKenzie Friend:
It appears clear from this order and from other orders I have seen produced by Lord Justice Ryder that he has now taken on the mantle previously adopted by Lord Justice Thorpe in his capacity as senior Lord Justice in Family Court Appeals in blocking and obstructing meritorious appeals which are of embarrassment to the judicial system.
Once anyone has made a number of applications in the same matter, however justified and meritorious, the senior Courts are quick to declare the applicant to be a vexatious litigant and to allege, generally dishonestly, that subsequent applications submitted are ‘wholly’ or as in this case ‘totally without merit’ thereby ‘justifying’ the determination that ‘the applicant may not request the decision to be reconsidered at an oral hearing’.
Since April 99 with Lord Justice Thorpe at the helm the Civil Procedure Rules were amended to ensure that any application which is refused Permission to Appeal in the Court of Appeal could not thereafter be progressed to Appeal in the House of Lords now the Supreme Court. The additional refusing of permission to receive an oral hearing came into effect in I believe April 10 allowing hugely meritorious subsequent applications to be summarily determined and dismissed on paper, without an oral hearing as we see here.
As is the normal modus operandi in the lower and the more senior courts in the UK, plainly wrong, unjust and often fraudulently achieved determinations made in the early stages of a court process cannot be re-evaluated and are accepted as tablets of stone, condemning the litigant to become the next in a long line of victims of miscarriages of justice at the hands of the Family ‘Justice’ System. If you really threaten them or upset them you will become the subject Civil Restraint Orders or Extended Civil Restraint Orders as I did.
As for the arguments Lord Justice Ryder provides, and bearing in mind that he has provided arguments in your case however insubstantial to ‘justify’ the decisions he has made – I have had applications dismissed without judges ever being provided with the evidence and offering no reference therefore to any reasons or grounds for declaring the total lack of merit in an application – it is clear that he is accepting only evidence of change of circumstances Since the abusive and draconian decisions were put in place.
This means that evidence which the lower court judges had failed to properly consider, like the significance of the children’s respective conditions, in particular the younger child’s diagnosis of autism/autistic spectrum disorder, which was entirely relevant to the initial decisions being made, cannot now be considered as fresh evidence, even though it was entirely relevant to the wrongful removal of the children.
Regrettably whatever changes of circumstances you were able to provide they were unlikely to have been accepted at this stage as grounds for overturning the adoption order.
The intransigence of the senior Courts in this country and their unwillingness to go behind wrong, cruel and abusive determinations of the lower Courts, driven by local authorities, is a large part of the reason why those same authorities up and down the UK are getting away with achieving the fraudulent and permanent removal of tens of thousands of children into long term foster and adoptive placements.
It is clear that in this case Lord Justice Ryder‘s failure to entertain consideration of the second and third arguments, namely the relevance of the failure to take into account the pre-existing conditions of the children resulting in the wrongful permanent removal of the children was crucial and fundamental to his dismissal of this application.
Until such time as the ambivalence of senior Lord Justices like Lord Justice Ryder to the long term human suffering that enforced separation and the destruction of family life causes can be challenged and the courts and local authorities and other contributory organisations like CAFCASS can be prosecuted and held accountable for their actions then this traffic in human suffering will continue.
Sorry to be the bearer of such unhelpful and such unwelcome advice but the system is out of control and until this system is brought under control and forced to behave justly, fairly and appropriately we all remain its victims and subject to its total, gross and callous abuses of power.