Official solicitor controversy could go to European Court of Human Rights
The controversy over the adoption of a three-year-old child with disabilities whose mother was judged to lack the intelligence to cope, could be referred to the European Court of Human Rights.
The woman, known as “Rachel” in newspaper reports and “RP” in the court report, has been backed by John Hemming, Liberal Democrat MP for Birmingham Yardley, who also acted, along with the woman’s brother, as her “McKenzie Friend” during the court hearing.
Hemming, who is campaigning for mother and child to be allowed to live together, came in for severe criticism by Lord Justice Wall at the hearing last year, in RP v Nottingham County Council [2008] EWCA Civ 462, over his allegation that the expert clinical psychologist was biased in favour of the local authority.
Wall LJ said: “I find it not only unacceptable but shocking, that a man in Mr Hemming’s position should feel able to make so serious an allegation without any evidence to support it.”
Rachel’s daughter was discharged from hospital into the care of foster parents, and has never been in the sole care of her mother. Rachel was represented at subsequent hearings by the official solicitor, on the recommendation of an independent clinical psychologist, owing to the difficulties she had in understanding information.
Rachel later argued that she was unaware that she was being represented by the official solicitor until after the placement order, however, Wall LJ judged“wholly untenable any suggestion that RP did not know that the Official Solicitor was acting on her behalf. The evidence is overwhelmingly to the contrary”.
Elspeth Thomson, partner, David Gray solicitors and cochair of Resolution’s children’s committee, says: “In my experience the information the Official Solicitor gives to parents is good. I can’t see a situation where the European Court of Human Rights is going to say the Official Solicitor should not
be appointed to look after the interests of parents without mental capacity.”
