This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/society/2016/jun/23/lessons-to-be-learned-from-the-case-of-ellie-butler
The article has changed 4 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Lessons to be learned from the case of Ellie Butler | |
| (about 1 hour later) | |
| Our hearts go out to the grandfather of murdered Ellie Butler, but your leader (23 June) is right that sound constitutional reasons prevent judges appearing before external agencies. However, this presents the president of the family division, James Munby, with a dilemma. He knows that a terrible mistake was made by one of his judges. He also knows that we expect lessons to be learned and that those of us involved in family cases, and the wider public, will want evidence that there have been changes and that we will not accept anodyne statements that things will be different in future. | Our hearts go out to the grandfather of murdered Ellie Butler, but your leader (23 June) is right that sound constitutional reasons prevent judges appearing before external agencies. However, this presents the president of the family division, James Munby, with a dilemma. He knows that a terrible mistake was made by one of his judges. He also knows that we expect lessons to be learned and that those of us involved in family cases, and the wider public, will want evidence that there have been changes and that we will not accept anodyne statements that things will be different in future. |
| I imagine that the senior judiciary will be having their own internal discussions, most of which will be kept private, for the best of reasons. I hope, however, that Sir James and his colleagues will be open to receiving and taking seriously unsolicited suggestions. For my part, I dispute your leader’s statement that the judges are highly trained. Having done some desk research into the judicial college it seems to me that the system needs a complete overhaul. A more proactive and less introspective choice of subjects is needed. We cannot rely on the years of experience of individual judges.Paul TwymanBirchington on Sea, Kent | I imagine that the senior judiciary will be having their own internal discussions, most of which will be kept private, for the best of reasons. I hope, however, that Sir James and his colleagues will be open to receiving and taking seriously unsolicited suggestions. For my part, I dispute your leader’s statement that the judges are highly trained. Having done some desk research into the judicial college it seems to me that the system needs a complete overhaul. A more proactive and less introspective choice of subjects is needed. We cannot rely on the years of experience of individual judges.Paul TwymanBirchington on Sea, Kent |
| • Louise Tickle (Opinion, 22 June) argues that the family courts should be opened up further to media reporting. There was something exceptional and disempowering about a previous court judgment warning police, social workers, doctors and others from intruding further into the Butler family. But amid the current anger it is a time to be reflective and measured. | • Louise Tickle (Opinion, 22 June) argues that the family courts should be opened up further to media reporting. There was something exceptional and disempowering about a previous court judgment warning police, social workers, doctors and others from intruding further into the Butler family. But amid the current anger it is a time to be reflective and measured. |
| A lesson of the past is to be wary of using an awful and exceptional case to generate fundamental change. A police officer is killed – the call is that all police officers should carry guns, although not wanted by the police. A child, Victoria Climbie dies – let’s have a fundamental and destabilising reorganisation of social services. | A lesson of the past is to be wary of using an awful and exceptional case to generate fundamental change. A police officer is killed – the call is that all police officers should carry guns, although not wanted by the police. A child, Victoria Climbie dies – let’s have a fundamental and destabilising reorganisation of social services. |
| Tickle has more confidence in the media being responsible in its reporting than history might justify. The tabloids and others would have a field day seeking out salacious stories trawled from the courts, leaving abused children and partners exposed and harassed in their communities. Confidentiality within painful and very personal family court proceedings is not about protecting judges and others who work to help families and protect children. It is about not letting an often irresponsible media pile on the hurt to those already distressed.Ray JonesProfessor of social work, Kingston University and St George’s, University of London | Tickle has more confidence in the media being responsible in its reporting than history might justify. The tabloids and others would have a field day seeking out salacious stories trawled from the courts, leaving abused children and partners exposed and harassed in their communities. Confidentiality within painful and very personal family court proceedings is not about protecting judges and others who work to help families and protect children. It is about not letting an often irresponsible media pile on the hurt to those already distressed.Ray JonesProfessor of social work, Kingston University and St George’s, University of London |
| • Looking back on my career as a social worker, I recall many days giving evidence before family courts. Working with hostile parents in order to complete the assessment reports required was difficult. Under cross-examination, every detail of my professional conduct and my work with the family was scrutinised and challenged. Such is the adversarial nature of proceedings. As social workers we relied on judges to see beyond the testing of evidence and those giving it. They did not take sides. In the main their judgments reflected a thorough understanding of the case and a wisdom derived from clear thinking and a skilled application of the law. | • Looking back on my career as a social worker, I recall many days giving evidence before family courts. Working with hostile parents in order to complete the assessment reports required was difficult. Under cross-examination, every detail of my professional conduct and my work with the family was scrutinised and challenged. Such is the adversarial nature of proceedings. As social workers we relied on judges to see beyond the testing of evidence and those giving it. They did not take sides. In the main their judgments reflected a thorough understanding of the case and a wisdom derived from clear thinking and a skilled application of the law. |
| The tragedy of the murder of Ellie Butler is compounded by the knowledge that her death could have been prevented by the family court system and a balanced view of the evidence. | The tragedy of the murder of Ellie Butler is compounded by the knowledge that her death could have been prevented by the family court system and a balanced view of the evidence. |
| But Mrs Justice Hogg appears to have come to share Ben Butler’s view of social workers and their attempts to keep Ellie in the safe care of her grandparents. Her decision to proscribe Sutton social services having a meaningful safeguarding role in Ellie’s life appears to confirm her perhaps unwitting collusion with a violent and volatile man. | But Mrs Justice Hogg appears to have come to share Ben Butler’s view of social workers and their attempts to keep Ellie in the safe care of her grandparents. Her decision to proscribe Sutton social services having a meaningful safeguarding role in Ellie’s life appears to confirm her perhaps unwitting collusion with a violent and volatile man. |
| Ellie’s grandfather, Neil Gray, is calling for a public inquiry. This may be the only way in which the court’s decision-making can be scrutinised and give some of the transparency which Louise Tickle finds so lacking in family courts.David NewtonGodmanchester, Cambridgeshire | Ellie’s grandfather, Neil Gray, is calling for a public inquiry. This may be the only way in which the court’s decision-making can be scrutinised and give some of the transparency which Louise Tickle finds so lacking in family courts.David NewtonGodmanchester, Cambridgeshire |
| • It is 26 years since the Children Act was enacted with the main purpose of ensuring that the voices of children were heard and their views taken into account with respect to family proceedings. It is shocking that the agencies appointed to look after Ellie Butler’s welfare gave her wishes to stay with her grandparents and speak to the family court judge short shrift. Whoever took the decision to deny Ellie those rights should be held to account, and steps should be taken to ensure that the act is never again so blatantly flouted.Bashyr AzizLecturer in health and social work, Walsall, West Midlands | • It is 26 years since the Children Act was enacted with the main purpose of ensuring that the voices of children were heard and their views taken into account with respect to family proceedings. It is shocking that the agencies appointed to look after Ellie Butler’s welfare gave her wishes to stay with her grandparents and speak to the family court judge short shrift. Whoever took the decision to deny Ellie those rights should be held to account, and steps should be taken to ensure that the act is never again so blatantly flouted.Bashyr AzizLecturer in health and social work, Walsall, West Midlands |
| • Returning a child to a violent father of whom she is terrified is the equivalent of forcing a victim of domestic violence to live with her abusive husband, something which is now very unlikely to happen under British law. Children are not the property of their parents and deserve the same voice as anyone else in our society.Alison MiallTonbridge, Kent | • Returning a child to a violent father of whom she is terrified is the equivalent of forcing a victim of domestic violence to live with her abusive husband, something which is now very unlikely to happen under British law. Children are not the property of their parents and deserve the same voice as anyone else in our society.Alison MiallTonbridge, Kent |
| • The grandparents of Ellie Butler used all their life savings on fighting to keep Ellie (Report, 22 June) but, after their money ran out at a critical point in the proceedings, they were not represented. This is more than human fallibility, this is an example of a justice system that favours the rich. If Ellie’s grandparents had been represented they might have won custody of her and the outcome may have been different.Tricia ClarkeLondon | • The grandparents of Ellie Butler used all their life savings on fighting to keep Ellie (Report, 22 June) but, after their money ran out at a critical point in the proceedings, they were not represented. This is more than human fallibility, this is an example of a justice system that favours the rich. If Ellie’s grandparents had been represented they might have won custody of her and the outcome may have been different.Tricia ClarkeLondon |
| • Join the debate – email guardian.letters@theguardian.com | • Join the debate – email guardian.letters@theguardian.com |