The Northern Ireland Commissioner for Children and Young People (NICCY)
Equality House
7-9 Shaftesbury Square
Belfast
BT2 7DP
Northern Ireland

2024-10-18

Subject : Writ of Habeas Corpus and Writ of Attachment.

Reference SA010831232GB

Dear Commissioner,

I am writing to you regarding the ongoing lack of investigation and the insufficient responses to my emails, which highlight the unresolved issues in Northern Irelandโ€™s care system. According to both TUSLA and The Irish Times, it has been widely acknowledged that the system in Northern Ireland is not fit for purpose. Despite East Sussex Council allocating a portion of its ยฃ55 million budget to services in Northern Ireland, it appears these public funds have not been effectively utilized.

My daughter, Emily Newbold Smith, has been missing in Northern Ireland since 2018, as reported to the Police Service of Northern Ireland under reference CC2024092001582 and documented in Missing Persons Form 52300. The case has been logged in Newry as Missing Person 1582 – 20/09/2024. She went missing from 224 or 226 Barcroft Estate, County Down. At that time, I received correspondence from your office expressing frustration, attributing the situation to actions taken by East Sussex County Council.

Seven years have now passed, with numerous excuses provided to avoid accountability and compliance with legal obligations under Section 10 of the Data Protection Act. Despite these delays, no satisfactory answers have been given to the legal compliance questions raised, particularly regarding the Southern Health and Social Care Trust’s duty to comply with the law.

The Trust has recently claimed that all complaints have been “exhausted,” but this is clearly inaccurate, as they continue to evade legal compliance. I find their statements concerning my case to be untrue and misleading, especially since all my correspondence to them has been generated by AI, making their accusations baseless and offensive. To support this claim, I am attaching a copy of the most recent letter I received from the Trust, dated 10th October 2024, which highlights their failure to address the core issues and the continued disregard for legal compliance. Due to severe negligence and misconduct. With the key allegations: Gross Negligence in Care Orders: His daughter was relocated approximately 500 miles away in breach of, violating legal limits which state children should not be moved more than 50 miles from their home.

The legal requirement, as stipulated under the Children Act 1989, Section 22C(9)(b), and the Children (Northern Ireland) Order 1995, Article 27, states that a child should not be moved more than 50 miles from their parental home. Despite this, his daughter and thousands of other children were relocated approximately 500 miles from her home. This blatant breach constitutes serious negligence and a violation of her rights (Children Act 1989, Section 22C(9)(b); Children (Northern Ireland) Order 1995, Article 27).

Additionally, I would like to inform you that I have now served a Writ of Habeas Corpus and a Writ of Attachment in relation to this case. You can find further details about my ongoing efforts to seek justice and resolve these issues at thestealingofemily.co.uk.

As you are aware, I have also served legal compliance papers on East Sussex County Council. It is deeply concerning that none of the relevant services in Northern Ireland have dealt with this matter effectively. The recurring claim that these services are only available to those residing in Northern Ireland raises further questions about their actual effectiveness and the overall fitness of the care system. If the system was functioning as intended, such cases would not persist for years without resolution.

I kindly request that you give this matter your immediate attention, as the ongoing delays are only exacerbating the situation.

Sincerely,

Martin Newbold

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What is an affidavit: a written statement confirmed by oath or affirmation, for use as evidence in court.

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Gods children are not for sale

Class action needed 500 plus cases to bring Truth justice and accountability for our children in the corrupt care system. Anyone who remembers the England Post Office Horizon scandal will know we need 500+ names to get A class, collective or group action is a claim in which the court awards permission to an individual or individuals to bring similarly placed claims in a single case. Collective actions are an efficient way of dealing where there are a huge number of claimants suing a large corporation or social services under a similar set of facts.

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