Brandon Muir: Government Press Release

Following on from the previous post Scottish Children's Minister Adam Ingram has requested that copies of the reviews on the death of Brandon Muir are circulated to all of Scotland’s child protection committees to ensure that the recommendations and lessons were shared with all child protection agencies and staff. Calls for the Scottish Government to legislate to ensure that more children are taken into care, and sooner, to prevent them being put at risk were rejected by Mr Ingram. Legislating for every eventuality would be an impossible task he said.

Scottish Government Ministers also announced that:

* All national recommendations from today's reports will be taken forward as part of the national review of child protection guidance which is already underway and which will be published next year

* A new national child protection co-ordinator is to be appointed to work with the country's 30 child protection committees to drive up standards of care and support for vulnerable children. The expert will be tasked with working with local authorities to implement and embed best practice on child protection, building stronger local professional networks and improving joint working between areas

* The UK's first hub of child protection expertise - the Multi-Agency Resource Service (MARS) - has now begun its work at the University of Stirling, helping Scottish local authorities and their partners work through complex child protection cases and provide enhanced support for professionals in this field to better safeguard the needs of children at risk

* The Scottish Government is in the process of establishing a new national Modernising Community Nursing Board to support NHS Boards in improving the quality of community nursing services. This will help address the national recommendation relating to community nursing

Full Press Release Source Scottish Government 19 August 2009

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Brandon Muir: Independent Review

An independent review into the death of Dundee toddler Brandon Muir released yesterday has identified weaknesses in the way the authorities attempted to safeguard him from harm. The two-part review consisted of an independent inquiry into the events leading up to Brandon’s death, conducted by former Chief Constable of Fife Constabulary Peter Wilson, and a significant case review undertaken by independent social work consultant Jimmy Hawthorn.

Key points in the final days of Brandon;

• Brandon Muir and his sibling had been living with their mother at the home of her parents in Charleston for almost four months up until the point when Heather Boyd established a relationship with Robert Cunningham and moved back with him to her flat in Douglas. She removed Brandon from her parents’ home to live with her and Cunningham on 26 February and his sibling on 1 March 2008.

• The grandparents immediately raised their concerns with Social Work.

• Social Workers who had a previous knowledge of Heather and her children through her office appointment in November 2007 and her attendance at the Family Support Centre, became concerned about her change of attitude, and convened an urgent meeting of child protection partners. (28th February 2008)

• The meeting concluded that an urgent case conference should be convened (set for 18th March 2008), but that there were no immediate grounds for removing the children at that time. There were a number of contacts and visits to the family by social work and health professionals in the intervening period, and Brandon was voluntarily brought by his mother to have his gait checked by the family GP. No significant medical concerns were identified or recorded.

• Brandon Muir died on 16th March 2008 following a violent assault by Robert Cunningham.

• The Review concludes that the assault on Brandon Muir by Robert Cunningham which proved to be fatal, could not have been predicted, and that in the short period when Brandon was living with his mother and Robert Cunningham there was little opportunity for the authorities to prevent the fatal assault on Brandon.

• Although it later became known that H had been taking drugs and had been involved in prostitution, this had never come to the attention of any of the agencies she was involved with.

The Review found that professionals involved had quickly responded to the emerging risk to the family as it was known, and had initiated appropriate steps to consider their needs. However, it was revealed that there were a number of factors affecting the leadership, resourcing, and practice of child protection in Dundee at that time. Some of these matters were identified and addressed as a result of early internal review work, others have been identified and addressed in consequence of the Joint Inspection of Child Protection in Dundee. A number of recommendations and observations were made aimed at further strengthening the child protection arrangements.

Full Review (pdf) Source Dundee Children and Young Persons Protection Committee 19 August 2009

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Royal Assent for Sexual Offences Bill

The Sexual Offences (Scotland) Bill yesterday received Royal Assent. The Bill replaces a complex mix of common law and statute with a clear legal framework that supports wider work to improve the justice system's response to sex crime.

The new legislation will:

* Provide for the first time a statutory definition of consent, as "free agreement", enshrined in the law

* Replace the common-law offence of rape with a broader statutory offence (which includes male rape)

* Introduce new statutory crimes, including specific offences of sexual assault by penetration and of voyeurism, and others targeting coercive sexual conduct such as the sending of sexually offensive emails or texts, and sexual exposure

* Enable Scottish law enforcement agencies to pursue anyone from Scotland who commits a sex crime under Scots law against someone under-18 abroad (including child pornography and child prostitution offences) regardless of the law in that country

Justice Secretary Kenny MacAskill said ".. this Bill is simply one part of a wider package of measures that Government is taking forward to improve public safety and help victims - steps such as taking forward the recommendations from the Crown Office review of the investigation and prosecution of rape and sexual assault, and our support for Rape Crisis Scotland's campaign work."

Press Release Source The Scottish Government 15 July 2009

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Rape Victim Found Dead

The Firm reports Ann Robertson, the woman who fled from the witness stand during cross examination about her previous relationship in a rape case and was imprisoned, has been found dead. Later Scotland's most senior judge investigated and upheld a complaint about her treatment.

See my earlier posts Restrictive Rape Laws and Ann Robertson's Complaint Upheld.

The cause of death is unknown at this time.

Full article Source The Firm 12 June 2009

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Over 1000 DV Cases in Scotland Every Week

Domestic abuse was today branded "Scotland's national shame" after almost 7,000 incidents were reported to police in six weeks.

A six-month campaign is now being launched by a specialist police anti-violence unit to tackle the problem.

There were 6,868 incidents of domestic abuse reported to police forces across the country between December 8 last year and January 18 this year.

Over the same period there were 6,035 children who were exposed to such incidents.

Full story Source The Herald 27 April 2009

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Men Move to End Violence Against Women

Some of Scotland's most prominent men have given their support to a campaign to end violence against women.

Novelist Christopher Brookmyre, First Minister Alex Salmond and Cardinal Keith O'Brien have added their signatures to a letter published in The Scotsman today, urging men to take more responsibility for reducing violence against women.

Tavish Scott, leader of the Scottish Liberal Democrats, and Walter Smith, manager of Rangers Football Club, have also lent their names to the global campaign, organised by a charity called The White Ribbon Campaign.

The Scottish arm of the charity is today launching a new website and urging Scottish men to support the campaign.

Full story Source The Scotsman 20 April 2009

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John Munro's Loophole Fails

Another story I posted about here was that of convicted rapist John Munro, who managed to adjourn his case for over a year by dismissing his lawyers shortly before each hearing and then argued that the court was time barred from sentencing him. On Tuesday Lord Kinclaven at the High Court in Edinburgh refused more time to engage new lawyers and imposed an indefinite prison sentence with a minimum of eight years before Munro can be considered for release. If he is released Munro remains subject to a lifelong management order.

Full story Source The Journal 2/4/09

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Ann Robertson's Complaint Upheld

The result of the complaint (see my earlier post) made to Lord Justice General Lord Hamilton against temporary judge Sheriff Roger Craik QC when he detained a woman overnight in a police cell after she broke down when she was giving evidence in a rape trial was given today. Ann Roberton's complaint was upheld and it was said her treatment was "disproportionate" and her experience "traumatic." Incredibly no further action is to be taken.

Full story Source The Herald 2/4/09

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Brandon Muir Sentence

Robert Cunningham convicted of killing Brandon Muir earlier this month ( see this post) has been jailed in Glasgow today for 10 years.

Urging the judge to be careful when considering a critical social inquiry report on Cunningham as the social work department "were not a disinterested party in this case" Ian Duguid QC, told the judge that his client did not mean to harm Brandon.

In his statement Judge John Morris told Cunningham "Your assault upon him was sufficient to rupture his internal organs and must have caused him considerable pain."

"Such an act of wanton violence against an innocent child, aggravated as it was by your failure to obtain medical assistance for him knowing what you had done must be marked with a substantialprison sentence."

Full story Source The Herald 31 March 2009

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Domestic Abuse Task Force

The formation of the Domestic Abuse Task Force to tackle persistent and dangerous offenders in Scotland was announced by Strathclyde police today. Police are to collect information and use multi-agency intelligence to catch re-offenders. They will also enforce court-imposed curfews, bail orders and warrants. Chief constable Stephen House said the amount of domestic violence taking place in Strathclyde is "horrendous" -

10 domestic abuse-related deaths

23 attempted murders

209 serious assaults

35 rapes

89 instances of threats, extortion or abduction

1,609 bail offences.

Full story Source The Herald 26 March 2009

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Miscarriage of Justice

As this post of mine highlights Scotland's rape laws are among the most restrictive in the world. From 922 allegations of rape made to police only 27 resulted in conviction during 2006/2007 and there is a review of the way rapes are prosecuted to improve conviction rates and the treatment of victims underway.

However, the quashing of Sean Hodgson's sentence in London earlier this week is a reminder that less restrictive laws may lead to miscarriages of justice. Convicted of rape and murder Sean Hodgson served 27 years after confessing to the crimes. New DNA evidence showed that he could not have been the murderer and his lawyers argued that he was a pathological liar and that the confessions were false.

Full story Source The Telegraph 18 March 2009

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Domestic Violence Surges After Old Firm Games

Domestic violence surges after Old Firm games, police revealed today.

A senior officer said reports of such abuse jumped by 88% following last Sunday's cup final clash between Celtic and Rangers.

Assistant Chief Constable John Neilson, of Strathclyde Police, said the force arrested more than 550 people on the day of the match - all of whom were drunk.

Full story Source The Scotsman 21 March 2009

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Scots Reaction to Lamming

Lord Lamming's report into child protection services in England ordered after the conclusion of the Baby P case was welcomed by Scottish ministers last night. Scottish Education Secretary Fiona Hyslop was quoted by The Herald;

"Scotland already has the most robust child protection inspection regime in the UK, allowing problems to be identified quickly and action taken immediately.

"We have only just had sight of this report and, although it is concerned with England's child protection structures which are different to Scotland's, we will of course consider whether there are any implications for Scotland as we continue to ensure stringent safeguards are in place for vulnerable children."

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International Women's Day

Last Sunday was International Women's Day and the BBC reported the reaction of politicians in Scotland.

Following recent other initiatives I mentioned here and here Scottish Health Secretary Nicola Sturgeon vowed to tackle domestic abuse and said £44m had been committed to tackle the problem.

Scots Tory leader Annabel Goldie called on Scotland's political leaders to put family back at the top of the agenda and have the debate about how to put family back at the heart of society and how to support families.

Harriet Harman, rather strangely I thought or maybe it was the way it was reported, told delegates at Scottish Labour's annual conference that bank bosses topped the list of treating female employees unfairly saying "The gender pay gap in financial services is worse than in most other sectors."

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National Sexual Crimes Unit

On Saturday an article in The Herald reported the Lord Advocate, Elish Angiolini QC, has announced that a new team of Scotland's most senior prosecutors is to specialise in the investigation and prosecution of serious sexual crimes across Scotland.

This follows criticism of Scotland's 2.9% rape conviction rate I mentioned in this post and convicted rapist John Munro sacking his defence lawyers for the 10th to 13th time on Thursday in an attempt to avoid being sentenced. According to the BBC here Munro has is said to have written to the Law Society claiming he cannot be punished as he believes the sentencing period has elapsed since he was convicted. He is now due to be sentenced later in March.

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DV Is Not A Gender Issue

Lucy Reed of Pink Tape has written an excellent post about DV following The One Show last night. If like me you missed the programme it is now available on BBC iPlayer here. I agree wholeheartedly with Lucy, DV is not about numbers although I do feel the plight of male victims was ignored far too long and there are lessons to learn.

Back in 1999 Erin Pizzey, who appeared on last night's The One Show, wrote in The Scotsman about the opening of the first refuge for women and children in London during the early 1970s. Erin Pizzey had become disillusioned after, she said, damaged women had become the leading lights of the women's liberation movement and projected their rage and their discontent,  onto ‘all men.’ The article continued;

By this time, I was very aware that while many of the women were indeed ‘innocent victims of their partner’s violence,’ many were not.   Of the first hundred women that came into my refuge, sixty two were as violent as the men they left.  They were not ‘victims of their partner’s violence.’  They were ‘victims of their own violence.’  Most of these women had  experienced sexual abuse and violence in their own childhoods. Not only were they violent in the refuge but they were also violent and abusive to their children.  They were the women most likely to go back to their violent partners or if they left, to go on to form another violent relationship.  These were the women who most need our love and concern.  I also saw all the men who came looking for their partners and their children.  I could see quite plainly that domestic violence was not a gender issue.

Certainly in my experience there are elements of truth in Erin Pizzey's account. In the 1970s there were a fair number of radical feminists and when I worked in mental health it was obvious DV is a complex issue with victims sometimes being abusive themselves. I would even venture to say that it felt as though the numbers of men who suffered emotional abuse I came into contact with may well have equalled the number of women.

Nonetheless, it is not possible to escape the fact that when it comes to serious physical injuries requiring hospital treatment women outnumbered men 8:2 the last time I looked. It is also quite ludicrous to hold feminists responsible for the issue of DV against men being marginalized, as was suggested in The One Programme last night, when men's groups are far too busy berating feminists to do anything constructive about it themselves. DV is not a gender issue and the sooner we move to groups based on issues rather than gender and practice gender egalitarianism the better.

The Men's Advice Line offers advice and support for men in abusive relationships.

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DV Early Intervention

Another article from The Scotsman this time reporting NHS Greater Glasgow and Clyde has launched an early- intervention scheme to crack down on DV amid fears that middle-class women are failing to report abuse. Middle-class women often refused to seek help because of the stigma associated with the crime. Academics cited doctors, church ministers and sheriffs as some of the perpetrators of abuse.

FACT BOX

• REPORTED cases of domestic violence have increased markedly in Scotland, with recent figures showing a rise of almost 14 per cent in four years.

• In 2007-8, police recorded 49,655 incidents of domestic abuse, compared with 43,632 in 2004-5.

• Those most at risk of abuse are women aged 31 to 35, and it is estimated that one in five women in Scotland experiences domestic abuse at some stage.

• On average, Central Scotland Police receive 300 calls of domestic violence incidents every month. But campaigners say this is only the tip of the iceberg and many victims suffer in silence for many years.

• Research shows the average victim will have been subject to 35 incidents before they seek help. Charities are calling for more resources to tackle the issue so the early signs of abuse can be picked up at hospitals and clinics.

• In the UK as a whole, an average two women a week are killed by a male partner or former partner – this constitutes about one-third of all female homicide victims.

• Women's charities point out domestic abuse can affect any woman, regardless of her race, class, age, income or religion.

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Roland Cook

Yesterday at the High Court in Edinburgh Lord Hodge sentenced a man to prison for attempting to murder his former wife 13 years after their divorce.

According to The Telegraph Roland Cook lived in a blackened out van for a week before he attacked her with an axe so hard that her spine was severed by one blow and she will now spend the rest of her life in a wheelchair. After the attack Cook spent some time in the State Hospital at Carstairs before he was found sane and fit to plea, although suffering from a personality disorder. Cook was left in a "state of despair"after being unable to carry out his plans to see his 3 children, he could not explain how this caused the attack.

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Judicial Misadventure

In the wake of barrister and part-time judge Constance Briscoe appearing in the High Court as a defendant in a libel action brought by her own mother and the surprise resignation of Sheriff Andrew Lothian following allegations about his private life Helen MacKenzie of CaseCheck has written an article The Good, the Bad and the Ugly looking at other examples of judicial mishaps.

Allegedly a Judge was removed from the bench by the Virginia Supreme Court, after trying to encourage parents to resolve a Christmas visitation dispute by tossing a coin. It was found flipping a coin does not fully uphold the dignity of the judiciary (Times Online). Earlier in another case the same Judge ordered a woman to drop her trousers in court so that he could see a stab wound.

South Texas Justice of the Peace Gustavo Garza suggested parents could spank their errant children with the wooden 'paddle' in court instead of paying a fine. The parents of one teenager, who was struck, have now filed a claim against him. (Law.com)

In a drug trafficking case Australian judge Ian Dodd appeared to be asleep for periods of up to twenty minutes at a time and a retrial has been ordered. (Daily Mail)

US Judge Robert Restaino was removed from office last year after he jailed the entire courtroom (46 people) when no one admitted to owning the mobile phone that had gone off in court during a domestic violence hearing. (BBC)

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Comparing Apples and Oranges

..... Or in this case homicide with death statistics.

In an earlier post Accuracy I wrote about the confusion over the number of children dying as a result of abuse. Previously based on figures from Government homicide statistics the NSPCC estimated on average one child a week dies from abuse. In a recent report Ofsted said the the figure was 282 deaths over a 16 or 17 month period (depending on which news report you read!)

According to The Independent yesterday Christine Gilbert, the chief executive of the children's services watchdog, told a hearing of the Commons Select Committee on Children, Schools and Families that of the 282 cases of child deaths Ofsted had investigated most were a result of abuse and the remainder, 72, had died of other causes such as road accidents. This would put the average figure of 3 child deaths a week. So it appears the NSPCC's estimate is an oversimplification.

This together with the UCL Institute of Child Health research conclusions that found child maltreatment, including neglect, could be ten times the official rates is pretty depressing news.

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