Becky's Legal Battle Fund
Donation protected
I am a 27 year old mother of a beautiful child who is now 3 years old. Tragically my daughter has been removed from me because I have been accused of non accidentally hurting her arm. I had never been involved with social services before, no drugs or alcohol, no criminal record. I have never hurt anyone in my life, let alone my own child. I had no idea how the injury to my child occurred and to this date still do not know. I was left totally shocked and bewildered by what was happening to me, I am a loving caring mother who dotes on my daughter and gave nothing but the best emotional and physical care I could provide.
I have a specific learning difficulty, namely, Dyslexia and Dyscalculia which I informed the court of prior to a Finding of Fact hearing. This was ignored by all the parties involved which mean I had no reasonable adjustment during the Finding of Fact. I was not able to fully understand, follow or keep up with proceedings; I was completely overwhelmed by the whole experience. I gave evidence in the only way I could, bearing in mind I have poor working memory and processing speed. Because my answers were slow and hesitant, the judge didn’t like this and decided that my evidence could not be relied upon. He decided that I must have hurt my child, or knew what had happened and failed to protect them. My child was placed on a Special Guardianship Order with a family member. My child wants to be at home with her mother where she belongs, she cannot understand why she cannot be with mummy. It breaks my heart watching my child grow up outside of my care.
Since the final hearing, I have been diagnosed by two separate psychologists with Asperger’s. This affects communication and social situations. This does not impact of my ability to care for my child, in fact I have a glowing parenting assessment carried by social services as part of proceedings.
I am considered a vulnerable adult having dyslexia and a frontal lobe injury caused due to severe epileptic seizers as a child, my disabilities were ignored in previous proceeding; further more the recent diagnoses of Aspergers is now also being ignored.
I have been fighting a placement battle for my daughter for 2 years, funds have run dry and I am up against the power of the family court. I have been able to get my case back into the family courts for a legal argument hearing in February though relentless pushing.
I have gone back to the court to re-open the Finding of Fact on the basis that I did not get a fair trial and my Article 6 human rights have been breached. The Local Authority insists that having a specific learning difficulty and Asperger’s makes no difference to the outcome of the finding of fact. The Equal Treatment Bench Book http://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_Mental_disability_2013+_finalised_.pdf the British Dyslexia Association http://www.bdadyslexia.org.uk/employer/the-justice-system and the Advocacy Gateway http://www.theadvocatesgateway.org/images/toolkits/5Hiddendisabilities211013.pdf clearly set out how a litigant should be treated, I had none of the reasonable adjustments suggested.
The Local Authority have unlimited funds paid for by you the tax payer, they have access to Barristers and QC’s. The ongoing rate for a barrister is around £500 per hour. I am meeting a new solicitor on Friday hoping to be able to instruct them to represent me in ongoing proceedings to get a fair trial and have my child returned. Legal aid has been removed from almost every case in Family Courts and litigants now have to fund themselves.
Unfortunately money makes the world go around and legal proceedings cost money, more than I have. I am appealing to people’s sense of justice and fairness, and asking that they donate as much as they can afford so that I can have access to proper representation to be able to reopen the Finding of Fact hearing with the necessary requisites in place to support me and ensure a fair trial and right a travesty.
I have a meeting with a solicitor on Friday who has said they can assist me yet again for a price.
I wont give up, the truth always comes out and justice will be done even if I have to crawl to the finish line or sell the clothes off my back but any support can make all the difference.
Thank you.
I have a specific learning difficulty, namely, Dyslexia and Dyscalculia which I informed the court of prior to a Finding of Fact hearing. This was ignored by all the parties involved which mean I had no reasonable adjustment during the Finding of Fact. I was not able to fully understand, follow or keep up with proceedings; I was completely overwhelmed by the whole experience. I gave evidence in the only way I could, bearing in mind I have poor working memory and processing speed. Because my answers were slow and hesitant, the judge didn’t like this and decided that my evidence could not be relied upon. He decided that I must have hurt my child, or knew what had happened and failed to protect them. My child was placed on a Special Guardianship Order with a family member. My child wants to be at home with her mother where she belongs, she cannot understand why she cannot be with mummy. It breaks my heart watching my child grow up outside of my care.
Since the final hearing, I have been diagnosed by two separate psychologists with Asperger’s. This affects communication and social situations. This does not impact of my ability to care for my child, in fact I have a glowing parenting assessment carried by social services as part of proceedings.
I am considered a vulnerable adult having dyslexia and a frontal lobe injury caused due to severe epileptic seizers as a child, my disabilities were ignored in previous proceeding; further more the recent diagnoses of Aspergers is now also being ignored.
I have been fighting a placement battle for my daughter for 2 years, funds have run dry and I am up against the power of the family court. I have been able to get my case back into the family courts for a legal argument hearing in February though relentless pushing.
I have gone back to the court to re-open the Finding of Fact on the basis that I did not get a fair trial and my Article 6 human rights have been breached. The Local Authority insists that having a specific learning difficulty and Asperger’s makes no difference to the outcome of the finding of fact. The Equal Treatment Bench Book http://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_Mental_disability_2013+_finalised_.pdf the British Dyslexia Association http://www.bdadyslexia.org.uk/employer/the-justice-system and the Advocacy Gateway http://www.theadvocatesgateway.org/images/toolkits/5Hiddendisabilities211013.pdf clearly set out how a litigant should be treated, I had none of the reasonable adjustments suggested.
The Local Authority have unlimited funds paid for by you the tax payer, they have access to Barristers and QC’s. The ongoing rate for a barrister is around £500 per hour. I am meeting a new solicitor on Friday hoping to be able to instruct them to represent me in ongoing proceedings to get a fair trial and have my child returned. Legal aid has been removed from almost every case in Family Courts and litigants now have to fund themselves.
Unfortunately money makes the world go around and legal proceedings cost money, more than I have. I am appealing to people’s sense of justice and fairness, and asking that they donate as much as they can afford so that I can have access to proper representation to be able to reopen the Finding of Fact hearing with the necessary requisites in place to support me and ensure a fair trial and right a travesty.
I have a meeting with a solicitor on Friday who has said they can assist me yet again for a price.
I wont give up, the truth always comes out and justice will be done even if I have to crawl to the finish line or sell the clothes off my back but any support can make all the difference.
Thank you.
Organizer
Becky Molyneux
Organizer
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