thestealingofemily.co.uk

EHCR Section 46 and Rule 39

Published by

Martin Newbold

on

31st October 2024

Formal Claim of Negligence and Request for International Review and ‘Wrongful’ Separation (Ref: TOF-2032-2024) (Ref: 18971405) (Case ID: 24012899)

Urgent Action Required on EHCR Request Under Regulation 26

Applicant: Martin Newbold
Respondents: Southern Health and Social Care Trust, ICO, Northern Ireland Children Commissioner, East Sussex County Council, Council for Emily Newbold Smith
Date: October 31, 2024

Overview:
This formal claim addresses the unlawful separation of my daughter, Emily, and the associated breaches of estoppel and negligence by the respondents. The claim is filed under EHCR Cases 4873 and 4867 (Ref: TOF-2032-2024; Case ID: 24012899). The Committee of Ministers monitors state compliance with human rights obligations, especially in cases of imminent risk of irreparable harm.

Key Concerns:

  1. Lack of Engagement: There has been no meeting with the Northern Ireland solicitor regarding the eighteen letters sent, which highlight broken promises and unaddressed critical issues related to Emily’s safety.
  2. Failure to Protect: Emily’s continued absence raises concerns of significant systemic failures in child protection, emphasizing the duty of care owed to her.
  3. Estoppel Principles:
    • Promissory Estoppel: The respondents failed to act upon the assurances provided regarding Emily’s case, exposing her to risk.
    • Estoppel by Convention: There was an implicit understanding that Emily’s reported disappearance would trigger protective measures, which were not implemented.
    • Estoppel by Silence: The respondents’ ongoing silence regarding Emily’s case signifies a failure to uphold their duty to protect her.
  4. Public Accountability: The lack of responsiveness and engagement undermines public trust in child protection systems, necessitating judicial intervention to ensure accountability.

Legal Implications:
The case highlights a pressing need for judicial action to enforce the respondents’ obligations and ensure the safety and welfare of Emily. By applying the principles of estoppel, the court is urged to hold the respondents accountable for their inaction and to take immediate steps for Emily’s protection.

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