This is the original article from 2012
***Scroll down for 2016 updates that include newly released statistics showing a huge increase in non-molestation order applications made by just a handful of major law firms***
Judges and lawyers will go to jail if a new Police Commissioner has his way.
David Gale, a candidate to become Derbyshire’s first Police and Crime Commissioner, is setting out his stall to tackle what he says is corruption and criminality within the family justice system. Accusing judges and lawyers of routine involvement in perverting the course of justice, Gale says that where parents are encouraged to fabricate allegations and the court turns a blind-eye, there must be a formal criminal investigation.
Gale, who led a ground-breaking project to enable information sharing across agencies to protect vulnerable children, claims to have inside information: “I am shocked that professionals dealing with children are hushing up the wholesale abuse of the family justice system.”
Gale said, “I’ve received detailed accounts from professionals and parents both in Derby and further afield that large parts of the family justice system are being run like an organised crime racket. There is an epidemic of mothers being advised by their lawyers that if they make false statements against partners attesting to domestic violence they will be fast-tracked to legal aid, will be able to testify unopposed to gain a Non-Molestation Order, and will not be held to account even if their perjury is uncovered. Women are being advised of this legal mechanism as a means of severing the relationship between a father and his children.”
“Judges are routinely turning a blind-eye to uncorroborated, fabricated witness statements made by women seeking to abuse the legal process. The family law industry’s lawyers are milking this for all it’s worth, with judges in some cases allocating completely unnecessary court hearings that ramp up costs, acting like brokers in an insidiously corrupt scam that defrauds the public purse.”
Gale continued, “I will make it clear that the current response from police when presented with evidence of perjury ‘that it is a court matter’ will not wash. If evidence of a criminal offence committed within civil or family court proceedings is presented to Derbyshire Constabulary officers, they will investigate it thoroughly. Those guilty of perjury should expect to go to jail, along with lawyers or judges who have participated in perverting the course of justice. It’s been eighteen months since Christopher Booker exposed the reality of the family justice system, citing it as “callous, corrupt and staggeringly expensive”. I see no evidence to suggest that the problems are isolated to just Children’s Services.”
“Increasingly, we’re seeing adolescent boys being left fatherless with positive male role-models being replaced in some cases by gang culture. There is a significant on-going cost to the public purse that continues long after unscrupulous legal professionals have dipped their snouts into the legal aid trough.”
“It isn’t the politically correct thing to do to identify women as potentially being the instigators of an abuse of domestic violence legislation but telling it like it is is not about being part of a popularity contest. I will have an amnesty for those women who come forward to testify on their lawyers’ illegal advice but I have a duty to the people of Derbyshire to root out this institutionalised corruption once and for all.”
-UPDATE- December 2012
Following extensive public engagement, David Gale has received documentary evidence of numerous instances of the Legal Services Commission (LSC) colluding with lawyers in granting knowingly fraudulent legal aid certificates.
The LSC was provided with a number of evidenced examples of family court respondents providing evidence to the LSC that applicants in their cases did not qualify for legal aid and that solicitors had knowingly attempted to defraud the system.
The LSC’s responses to respondents were striking in their similarity:
- In the first instance, the LSC would state that ‘this appears to be an isolated case and it would not be in the public interest to pursue it’.
- If the respondent persisted and provided documentary evidence of the alleged fraud, the response from the LSC would be to state that the legal aid certificate had been revoked.
- Some months down the line, the legal aid certificates were covertly reinstated and the payments made to solicitors.
It is becoming apparent that we are witnessing, within the family justice system at least, an end to end, systematic process for defrauding the public purse.
-UPDATE- June 2015
Here are the stats revealed via an FOI request that suggest that solicitors have been encouraging allegations of domestic violence as a route to securing legal aid.
Whilst similar applications have decreased in other areas of the country, the MoJ stats show applications for non-molestation orders in the UK Midlands as a region have increased by 88%. Head into certain areas, and the increase is staggering. Birmingham County Court, an increase of 200%, Derby 300%, Birmingham Family Proceedings Court… 775%. A further filtering of the stats suggests that just a handful of large law firms are responsible for the increase.
If this is not related to reorganisation within the court system, this has to have been facilitated with the collusion of judges. A thorough investigation is required.
-UPDATE- January 2016
Further investigation and correspondence with the courts has revealed that the increases in ex-parte NMO applications are NOT substantially due to changes and amalgamations of court processes. Police report increases of domestic abuse cases of 31%, suggesting that the majority of the increase of allegations to the courts of domestic violence are NOT evidenced by police reports.
-UPDATE- February 2016
Well, we made it to press, albeit a week late. A few inaccuracies but not the hatchet job I was anticipating after nearly two weeks of Ministry of Justice counter-spin.
Not only are there dozens of MoJ statistical spreadsheets, secured via FOI requests, to back up this story but, in the areas showing the biggest increases, a handful of judges are evidenced as deliberately ignoring judicial guidelines on the requirement for corroborating evidence to substantiate ex-parte Non-Molestation Order applications.
Now I’m pushing for an edict from the Policing Minister to instruct police to investigate evidenced cases of perjury in the family court…
-UPDATE- June 2016
I have now received communications from the Ministry of Justice that confirm that a full investigation is now underway. Kids for Cash UK has been invited to provide example cases with associated documentary evidence.
-UPDATE- September 2016
The Ministry of Justice (MoJ) ‘investigation’ into legal aid fraud appears to be a window-dressing scam. They’re not asking the right questions and have a remit that is so narrow that it’s absurd. Kids for Cash UK is thoroughly documenting all of its contact with the MoJ and communicating the ongoing failures to MPs.
For updates on this campaign please visit the official Facebook page at: www.KidsForCashUK.org
Kids for Cash UK – investigating child abuse and criminal corruption in the family justice and social care systems