Subject: Ongoing Issues with Southern Regional College and Misuse of Public Funds

Reference: Formal Claim of Negligence and Request for International Review and ‘Wrongful’ Separation (ref: TOF-2032-2024) (ref: 18971405)

Date: August 29, 2024

To: Joane McGurk

Dear Joane McGurk,

Dear Ms. McGurk,

You will recall that I requested the Commissioner to meet with my daughter, Emily Newbold-Smith (NHS 648 343 9091, DOB 30-10-2006). Given that this request does not appear to be progressing, could you explain why such a meeting is not feasible? I have informed you that Emily’s mother is deceased, but she does have extended family in England who could support her.  

I am writing to follow up on our recent communications concerning the ongoing issues I have raised about my daughter’s situation. On September 16th, 19th, and during our subsequent call today, I discussed my concerns with NICCY regarding the handling of my daughter’s case, including the court proceedings that led to her removal from my care in England and her subsequent placement in Northern Ireland. I understand from your recent correspondence that NICCY’s remit does not typically cover complaints related to civil or criminal court proceedings or existing statutory complaint mechanisms. However, I wish to clarify that there is no current court case related to these issues.

During our telephone call, I specifically inquired whether my daughter, Emily, was classified as a Deprivation of Liberty (DoL) case, and whether this classification might explain the Southern Care and Social Care Trust’s inability to address a simple question or make a proper referral to an appropriate ombudsman for investigation. For context, Deprivation of Liberty (DoL) cases, as detailed in the information available on my website, involve situations where children are subject to significant restrictions on their liberty, which must be legally justified and subject to specific oversight and review processes. The handling of such cases should comply with statutory requirements, including the Mental Capacity Act and relevant children’s care regulations.

In our discussion, you suggested that I seek legal counsel to address these issues. I explained that obtaining legal representation is not a viable option for me due to the current border situation and the complexity of the different laws in Northern Ireland as opposed to England . Moreover, it is not justifiable to suggest that I should incur additional court costs when NICCY’s complaints procedure should be robust, fit for purpose, and capable of addressing serious concerns within its remit. The role of NICCY’s complaints handling system is to provide a fair and effective avenue for addressing grievances, and it should not require individuals to bear further financial burdens to seek resolution.

The English Children’s Commissioner has highlighted the severity of issues related to Deprivation of Liberty Safeguards (DoLS), stating that the current situation involving the care system is “absolutely horrific” and a “national scandal.” This statement underscores the critical nature of safeguarding and the need for effective oversight to prevent abuses and ensure that care practices are both ethical and compliant with legal standards. The implications of such statements reflect the gravity of the concerns I have raised about my daughter’s care.

I have provided extensive information, including the contents of my current three books titled The Stealing of Emily (excluding the fourth book), which document systemic failures and ongoing issues within the care system. During a recent telephone conversation with the Solicitor Head of Legal and Investigations at 028 90 311616, I was informed that they had previously communicated their belief that the matters I raised were outside NICCY’s remit. However, they have indicated that, following receipt of additional information and our discussion, they will reassess whether these matters fall within NICCY’s jurisdiction and consider including them in their review.

In my communications, including two replies sent on August 27, 2024, I addressed various matters from the mismanagement of my daughter’s care to alleged breaches of GDPR and systemic neglect. These communications also reference the historical context of similar systemic failures in Ireland, which align with the issues raised in my books. I have also requested a meeting to discuss these concerns further, including the implications of recent changes to Irish naturalization rules that affect my daughter. Given the severity of these issues and the additional evidence provided, I urge NICCY to reassess whether the scope of their investigation might encompass these matters, despite the initial limitations outlined in your email. If there is any new information or documentation that might impact NICCY’s decision-making process, I am willing to provide it. I appreciate your attention to this matter and look forward to your response.

Kind regards,

Mr. Martin Newbold

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