Straw asked to act on Family Court Judgments - rule of law being undermined

9.27.10pm GMT Tue 7th Aug 2007

John Hemming MP has called upon Jack Straw the Minister for Justice to act to strengthen the rule of law in Family Courts. An article in the Sunday Telegraph has revealed how parents have been prevented from obtaining the judgments for their cases.

"The judgment," said John Hemming, "is the judges reasons for making a decision such as the reasons for putting a baby up for adoption. Without the judgment parents cannot appeal to a higher court or the European Court. If a judge, therefore, acts in such a way as to prevent parents getting their judgments then they cannot make sure that the judge is following the law. This undermines the rule of law."

"The Government should recognise this substantial flaw in the system and act to ensure that all parents get written judgments and are then allowed time from the receipt of the judgment to appeal. Whereas it is entirely reasonably to have a time limit for appeals the clock should start ticking when people get their written judgment."

"It does make it easier to hit the adoption targets when the judge can remove children for unlawful reasons and be secure in the fact that the parents cannot appeal because they don't have their judgments. I am aware of solicitors that also keep judgments from parents for exactly the same reasons. This is fundamentally wrong."

"Furthermore local authorities should not be allowed to get a baby adopted until the parents have had the judgment and the time for appeal has expired."