Urgent Demand for Accountability on Cross-Jurisdictional Data Handling and Child Abduction Practices

Subject: Urgent Demand for Accountability on Cross-Jurisdictional Data Handling and Child Abduction Practices

Phillip Marsh
Lead Case Officer
Information Commissioner’s Office

0330 414 6247

2024-10-25

Dear Lead Case Officer

RE IC-337307-W2B4

I am writing to you with the utmost urgency following my correspondence on October 8, 2024. The response I received on October 23, 2024, failed to address the core issues—specifically, the blatant disregard for data protection laws, as well as the ongoing unlawful handling of children’s welfare in your department. The evasive actions taken by Officer Anita Cundal, whose conduct demonstrates a gross violation of her legal duties, are not only unacceptable but part of a broader, disturbing pattern of misconduct.Following my previous correspondence on October 8, 2024, I am reaching out to seek specific clarifications on whether the response provided to me was in compliance with data processing and protection regulations. Your most recent communication, dated October 23, 2024, omitted any clear guidance on how to remedy the identified concerns, particularly with regard to data protection responsibilities and necessary follow-up actions. This matter has been further complicated by actions taken by Officer Anita Cundal, whose approach appears to disregard her legal obligations, which has negatively impacted my character.

Idenditifying Parties

I would like to state and reaffirm on the record that there have been breaches of the law by East Sussex County Council. Can you please explain why my family must endure this criminal behavior? Is it not long enough that 13 years have passed and they have systematically destroyed everything I have written?

Please see our response attached to this email, your reference 15938249, regarding the Subject Access Request (your reference: 19567481), along with your correspondence with my team. It is important to note that my daughter is under the age of 18 during this matter, and this has been sent to them via post.

I challenge everyone involved to clarify their roles and remits, as it appears there is currently no legal team engaged in the ESCC correspondence. However, there have been legal overtones that suggest I am being instructed not to contact the legal team when there is no statement of fact regarding their involvement. Furthermore, I have been threatened with the legal team’s involvement should I continue to lodge my complaints. Can you please elaborate on the two legal teams and their respective remits? How can you, as the Customer Services Manager, attempt to reprimand me when this is addressed as a legal matter?

Complicity in Abduction and Child Exploitation

Northern Ireland Social Services have not only overstepped their legal authority but seem to be engaging in practices bordering on child trafficking for commercial purposes. The unlawful contact with Christine Stirling in mainland UK, which breached jurisdictional boundaries, facilitated the destruction of crucial evidence. This was not a mere administrative oversight—it was an intentional act that compromised the safety and welfare of children, as well as obstructed justice. Who authorized this breach, and on what grounds was such a decision made?

Data Destruction and Corruption in Record-Keeping

I have received whistleblower reports suggesting that social work records have been deliberately altered to manipulate court outcomes. This is not simply unethical—it is criminal. Your department’s active participation in these cover-ups places you directly in violation of the law. There must be an immediate investigation into this corruption, and those responsible should face legal consequences for their actions.

Child Welfare Ignored: Where Is the Accountability?

Your office’s failure to respond to these glaring concerns, including the destruction of documents essential to protecting the children involved, is inexcusable. How can you justify this blatant disregard for transparency and child welfare? How will your office restore trust in a system that has demonstrated complete indifference to the lives of the children under its care?

The parallels between this case and the Ultranet Scandal in Victoria, Australia—where officials engaged in document destruction to evade accountability—are deeply concerning. This kind of behavior is not only unethical but criminal. The fact that individuals involved in such acts are allowed to maintain honors such as OBEs is a disgrace to the institutions they represent.

Legal Obligations and Negligence

Under The Children Act 1989, as well as guidance from The Honourable Mr. Justice Cobb (Neutral Citation Number: [2021] EWFC 76), there are clear frameworks for rescinding or altering court orders where fraud, material non-disclosure, or changes in circumstance have impacted child welfare. The involvement of the Northern Ireland Children’s Commissioner in this case has done nothing to prevent the systemic failures and jurisdictional breaches that have occurred. The Commissioner’s silence on these matters raises serious questions about complicity and failure to act in good faith.

When I initially addressed this issue with John Webb in your legal office, I expected a direct response rather than a deferral to the information office. Despite my attempts to clarify the matter, there has been no confirmation that communications to East Sussex have been correctly directed to your legal team. Instead, I have received only criticism for my repeated follow-ups, which have become necessary due to the lack of clear responses.

My Habeas Corpus request is a critical legal instrument designed to protect against unlawful detention and to ensure the welfare of children under the state’s care. The failure to respond or act on this request signifies not only a disregard for legal process but also a dangerous indifference to the rights and welfare of the children involved. Why is this request being ignored, and what steps will you take to rectify this violation of fundamental legal rights?

Local authorities must strictly adhere to The Children Act guidelines and ensure that placements align with statutory obligations. Increased resources can aid in keeping children within their communities, minimizing disruptions to their lives.Placement of my daughter thousands of other children were relocated approximately 500 miles from her family 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).

Mechanisms should be instituted for reporting misconduct within child protection services without fear of retaliation. Additionally, regular audits on placement practices and compliance reports should be publicized to maintain public trust.

Given that my daughter, Emily Catheryn Newbold Smith (DOB: 30/10/2006), is approaching the age of majority at the end of this month, is this why these failures are being ignored? My daughter has been missing in Northern Ireland since 2018, and this was reported to the Police Service of Northern Ireland (PSNI) under reference CC2024092001582 (dated 20/09/2024), with no investigation launched thus far. This matter is now being reviewed by Newry Court and the Police Complaints Authority under reference 502397546-2024. Despite an English court order awarding contact, there has been no compliance from the authorities, and I have reason to believe that coercive behavior has been employed under the Illegals Act to unlawfully remove children from ESCC’s jurisdiction. Your office appears unwilling to address the illegal activities that have resulted in the abduction of children, including my daughter, to Northern Ireland—a situation that is costing taxpayers millions of pounds.

Systemic Corruption and Urgent Need for Reform

The allocation of £50 million in public funds—set to rise to £80 million for services that are evidently “not fit for purpose”—is a gross mismanagement of resources. Instead of improving the lives of children, these funds are being funneled into a broken system, one that prioritizes self-preservation over child protection. This demands immediate investigation and redirection of resources to stop further harm.

Destruction of evidence and manipulation of social work reports, coupled with unlawful placements of children far from familial ties, show an undeniable culture of corruption. You are failing in your statutory and moral obligations to protect vulnerable children, instead perpetuating a system that is actively harming them.

Copies of Communications: Could you kindly provide me with copies of any correspondence you have sent to East Sussex County Council on the following dates and times:

Sunday, October 6, 2024, at 4:30 PM
Saturday, October 5, 2024, at 12:26 PM
Saturday, October 5, 2024, at 6:35 AM
•Wednesday, October 2, 2024, at 2:16 PM

• Friday, September 27, 2024, at 4:56 PM
Email Delivery Issues: I have encountered several delivery errors when attempting to contact the following email addresses:

The error message I received was: “550 Too many invalid recipients.” Could you kindly confirm if these individuals are still employed by East Sussex County Council or if there are alternative contact details I should use to reach them?

Immediate Actions Demanded

I demand the following immediate actions:

Launch a full-scale investigation into the unlawful contact and destruction of evidence.
Hold those responsible for altering social work records accountable, including criminal prosecution where necessary.
Review the allocation of public funds and stop further waste in systems that are harming, not protecting, children.
Provide a public and transparent response to these accusations and ensure that there is full accountability at every level.

If these demands are not met swiftly, I will pursue all available legal avenues to ensure justice is served. The systemic failure to protect children and the criminal exploitation of vulnerable lives for commercial gain will no longer go unchecked.

I expect an immediate response outlining the steps you will take to remedy this situation.

—

Kind Regards
Mr. Martin Newbold

thestealingofemily.co.uk