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Right of Audience

Right of Audience

Postby escape on Thu Sep 11, 2008 8:19 am

Can anybody tell me which form i have to put into court to get right of audience for someone who has a mild learning difficulty
escape
 
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Postby Andrew on Thu Sep 11, 2008 8:28 am

Just take with you your MF application (incase) & follow the MF guidelines but rely on this MF case law it worked for me yesterday, even in the face of LA objection, they read it but thought the important parts were where Munby was quoting the lower court & not Munby's views, therefore just guide whoever as to what it really does mean, I must give credit to Avenger for the link as she emailed it to me.
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Postby julie on Thu Sep 11, 2008 8:52 am

Hi,
You really don't. Just at the appropriate time ask the presiding Judge ? Magestrate ?m to agree by asking in the hearing.

The higher the status of the person presiding the more likely you'll get this to be allowed.
julie
 
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Postby escape on Thu Sep 11, 2008 9:30 am

its for an appeal to a circuit Judge parent has 30 mins to convince judge to allow an appeal we are asking for a retrial.

I am trying to ring the Office for Judicial complaints since 9am this morning and no on answering. we have a serious complaint about a Judge, she has already been investigated, I have only just found this out. The Judge did not take in the evidence of the expert, they did not call the expert to give evidence and the judge only relied of hearsay evidence and opinion of the guardian and social worker, causing the mother to have 6 children removed including a baby at 13 days old, the expert did not approve the removal, they have lied to the judge to say mother has emotionally abused her kids, yet the report shows very comprehensively that these children were not emotionally abused. this was when the adoption targets were still in force and this local authority are in debt up to thier eyes, so good insentive to remove children to meet cash insentive targets. this was 2 years ago, she tried to appeal recently to get 1 of the children back from foster care but they used the same lies to say no because the child would be at risk of emotional abuse if returned, again this psych report was not even in the bundle, the application was dismissed, she had a solicitor doing this last application, she has now appealed this dismissal and is doing it herself with our help, now I have read the paper work I am fumming, i as a MKF have a duty to report any wrong doings i find and am trying to do this today as she has a hearing 19th sept, it goes on, she tried to gat an EPO on monday as her son came to her home covered in bruises, the Judge did not allow the epo but recommended that ss chnage his placement, which they have not done, the hearing should have been ex parte and yet the court allowed the SS in and the ss legal took over the hearing and again convinced the judge that the child would be emotionally abused if they let him stay with her, yet they let him stay over the weekend as the mum tried to get the police to come round, which they were going to do , but ss told the police not to as they would sort it, i did no think they were allowed to do this. then they called the police to remove theb boy who is 12 back to abusive foster placement. unfortunately the mum did not have the psych report to challenge the opinion of SS and I was not with her but she did have an advocate who they tried to exclude form the hearing however he got in and did talk in court but the judge was not interested. The new hearing on the 19th is infront of a judge who has been investigated for the exact same reason of not allowing the expert evidence to be heard and only rely on the SS opinions, she was reinstated in april this year, there is no way we want this judge. can anyone tell me the names of goood judges in the rcj apart from Munby as i am going to try to insist we get to the rcj as this LA courts are too corrupt and there is a child suffereing abuse from social worker now who is having a go at him for lying, the judge said at the epo he got these mark in the normal play o f boys, he was attacked by another boy in his foster placement, he has applied for an advocate in may to help him do complaints and they have ignored his request he has a mild learning difficulty. the 2 youngest children she managed to find a SG so they were not adopted much to the horror of ss but this new SG had tried on ss advice to exclude the mother from being involved with children including her 13 day old baby. I am so mad. and advice please as this has to be complained about and heard properly. When mum came out of court and told me the judge threw out the epo, but suggested he return to la care, i rang the out of hours RCJ no, to ask for a stay to allow the mother to keep child untill we got back into court for a proper hearing, unfortunately by the time the judges clerk phoned me back the SS had got the police to take this boy back to the same abusive foster placement. poor granny went to the school yesterday to see this child to make sure he was ok and the ss were there to pick him up and take him back to the same foster carer and they threatened granny with the police.
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Postby Andrew on Thu Sep 11, 2008 9:49 am

What I outlined should be sufficient, then I'm sure you will do a good job in trying to get those rights, if the judge disallows rights after what you outlined here then it would be unreasonable considering she has a learning disability & a complex case.

Good RCJ judges, ha, well I would just advise not Wall nor Thorpe lol, I suggest you ask John.
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Postby escape on Thu Sep 11, 2008 10:02 am

lol i know what you mean but there have been some good judgments where RCJ judges have repremanded the lower courts for what they have done or not done.
escape
 
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