Lack of informed consent to findings in legal proceedings
- Category: Consenting to Establishment
- Created: Sunday, 29 April 2018 12:52
- Written by Alecomm2
"Consenting to establishment" ... LWB reports backup advice Alecomm tells all clients.
In a recent report, Life without Barriers stated: "It was very common for parents to describe agreeing to things in court that they did not actuallyagree with or fully understand.
This may have reflected a misunderstanding of the legal options available to parents in light of the evidence and the relatively low thresholds for such things as a finding ‘in need of care and protection’. For example, one father talked about agreeing to a finding that his children were in need of care and protection, which then led to further actions and decisions that he also did not agree with, but could not object to due to that initial finding.
He was clear in his interview that he did not agree his children should ever have been removed. However, his lawyer may have advised him that he should consent without admissions to a finding that his children were in need of care and protection. Parents felt the system gained momentum as they moved forward and they felt unable to exercise control over it".