Who watches the watchers? Quis custodiet ipsos custodes?
“11.In a position statement and more particularly in a detailed and carefully argued skeleton argument circulated to the other advocates on the morning of an advocates’ meeting on 9 July 2018, Mr Day raised a wider issue. Although by then it seemed that the accommodation issue was well on the way to being resolved, Mr Day indicated that he wished to retain the hearing before me for a rather different purpose, namely to “look at the wider ramifications of delay in proceedings in the family court” and, specifically, to address two questions:
i) What can the family court do to avoid delay which is engendered by concurrent criminal proceedings?
ii) What can the family court do when the delay to proceedings is engendered by the acts and omissions of other government departments or agencies?
Referring to the present case, he asserted that “Progress to permit a child to come home to a mother has been paralysed by the unnecessary and disproportionate delay and approach in the criminal proceedings”, compounded by the fact that there has been “very slow progress by the relevant housing authority to find a property for the mother that is suitable for [her daughter].” The delay here, he says, has thus been caused by factors external to the care proceedings.”
Much as Patrick Swayze and his gang wearing masks and brandishing shooters might proclaim when busting into a bank dragging a hapless Johnny Utah in their wake, “We are the Ex-Presidents” this is a judgment from the Ex-President. (He was still the President at the time of the judgment)
Re H (Children) 2018
Our former President is good at a punchy opening. He doesn’t do enough pop-culture references for my own idiosyncratic tastes, but punchy nonetheless
1.In this care case, which came before me at Newcastle on 12 July 2018 pursuant to an order made by His Honour Judge Simon Wood on 19 June 2018, the mother’s position statement, prepared on her behalf by Mr Dorian Day, began with these arresting words: “These proceedings are entering Week 109.”
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