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A major injustice

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Lady Butler-Sloss: Judges decision should have set alarm bells ringing.

Lady Butler-Sloss: Judges decision should have set alarm bells ringing.

A COURT case involving parents of a severely disabled adult is still ongoing despite the Council’s conduct, and that of an expert witness it instructed, being the subject of fi erce criticism by the Ombudsman and the GMC. In order to preserve the identity of the disabled adult concerned and their parents, The Herald will adopt the Ombudsman’s approach to anonymity. In 2010, carers from Perthyn Care were assigned to assist in the care of H, the 18 years-old autistic daughter of Mr & Mrs G. Mr & Mrs G became concerned that despite being provided with £10 to buy lunch for H, the carers failed to provide receipts for the expenditure. Mrs G, in particular, became concerned that the money was being pocketed and decided to end the arrangement with the carers and told them that their services were no longer required. The same day as they were told their services were not required, the carers prevailed upon Mrs G to allow them to take H swimming.

She agreed. Mr & Mrs G did not see their daughter for six months. The carers reported that H, by means of a controversial communication method called ‘facilitated communication’ had made serious allegations of sexual abuse against her parents, including an allegation that Mr & Mrs G had prostituted her to men. Facilitated Communication is a system whereby it is claimed a disabled person, through the use of a letter board and simple vocabulary, is able to express themselves. They can do this themselves or with assistance. Signifi cantly, the allegations of abuse were made when H was ‘assisted’ by the carers who had been dismissed by Mr & Mrs G. H was removed to Ty Hendy by the local authority, a police investigation was launched, and the council planned – at a later stage – to foster H out of the County and beyond her parents’ reach. In order to buttress its position, the Council instructed Dr Rowan Wilson to pen a report determining H’s ability and – particularly – her mental capacity. Dr Wilson, through the use of what can be deduced to be facilitated communication assisted by a third party, possibly one of the carers who had transmitted the allegations, determined that H had a relatively sophisticated vocabulary and understanding and was mentally competent.

He concluded that H understood what it was claimed she had alleged against her parents. The specialist appointed by the Council to advise it was not expert in the use of facilitated communication and The Herald’s enquiries have revealed that he generally specialises in dementia care. Dr Wilson admitted to a GMC disciplinary meeting convened over his conduct in the matter that he had no experience of the use of facilitated communication either to gather evidence or to assess mental competence. Dr Wilson was found guilty of serious misconduct by the GMC. In mitigation, Dr Wilson’s lawyer told the GMC hearing that the doctor had acted in good faith but had been misled by a care worker, engaged by Carmarthenshire Council, acting on a ‘very signifi cant element of malice’. For the avoidance of doubt, that care worker was one of those dismissed by Mrs G in October 2010. The question of facilitated communication’s use should not, however, have arisen. In 2000, Lady Butler-Sloss, President of the High Court Family Division, had given a stern direction about facilitated communication, declaring that it was a dangerous, unverifi ed technique that should never be used again in any British court to support sexual abuse charges. Indeed, an expert witness at the GMC hearing into Dr Wilson’s conduct told that tribunal that one phone call (or a Google search for that matter) would have alerted Dr Wilson to the unreliability of Facilitated Communication. A 2001 paper that discussed Lady Butler-Sloss’ decision should have sent even more alarm bells ringing. Its author reported: “fathers are being falsely accused of sexually molesting a child because of information a child types with a hand held by a facilitator.”

The Council, even while it prepared to foster H permanently away from her parents, were made aware of Lady Butler-Sloss’ comments by Mr G. Despite being made aware of potential diffi culties in its ‘case’, County Council Social Services delayed instructing a second expert,  Professor Patricia Howlin from November 2010 until January 2011. Professor Howlin’s report was as devastating as it was revealing. She concluded that H not only lacked capacity but cast extreme doubt on the way the facilitator, one of the care workers accused of misconduct by Mr & Mrs G, guided H’s answers. Professor Howlin tested H’s responses when guided and when not guided on the same basic questions. One of Prof Howlin’s conclusions is particularly troubling: ‘on tasks involving facilitated communication, H proved very capable of responding correctly to questions when she and the facilitator had access to the same stimuli. However, when the facilitator was not aware of what H was being asked not a single one of her responses was accurate or correct. This marked disparity between her ability to respond under different conditions cannot be explained by the fact that she was “not on top form”.’ If that is worrying, Prof Howlin’s conclusions on Dr Rowan Wilson’s report is shattering.

‘With respect to the report by Dr. Rowan Wilson it should be noted that this constantly makes statements such as “H stated”; “repeatedly stated”; “recalled my name”; “was able accurately to recall a conversation”; “spontaneously mentioned Ty Hendy in one of her answers”; “repeatedly used complex words”; “has excellent language skills”; “clearly stated”; “clearly understood”; “expressed a clear preference for”; “was able to resume communicating a train of thought”; “deliberated upon”; “showed ability to predict potential consequences”; etc., etc. In fact H “stated” nothing during that assessment. She did not speak at all and although this is barely mentioned, apart from a brief note on page 1, (one of the carers subject to a complaint by Mr & Mrs G) helped H communicate her answers”, it is not made at all clear that all H’s communications were made while supported by (the carer).

Although Dr. Wilson concludes that her communication was reliable’. Professor Howlin concluded that: ‘There is no evidence that H does communicate independently and hence it would be entirely inappropriate to accept any allegations of abuse based solely on statements made under facilitated communication. ‘Further, there is no indication that in any domain H is functioning above a fi ve year level, and in areas related to language, understanding and social relationships her ability is particularly poor. Thus, it is my view that she does not have the capacity to understand the repercussions of any allegations made.’ As far as the complaints of abuse went, that should have been the end of the matter. The fl awed premises upon which the Council had based its actions was systematically demolished by Professor Howlin. In the normal course of things, H should have been returned to her parents.

In fact, H did not return home until some three weeks after the Council received Prof Howlin’s report. Mr & Mrs G complained to the Ombudsman. While the Ombudsman was sympathetic to the complexities of the case and the difficult position in which Council staff found themselves, he described the Council’s conduct as perpetrating ‘a major injustice’. But that injustice was compounded by the Council’s knowledge on or by November 22, 2010, that the CPS had concluded there was no evidence upon which to base a prosecution. The Ombudsman went on to severely criticise the Council for claiming to accept the findings of a critical report prepared by Phil Tyrrell of the Association of Directors of Social Services Cymru. The Ombudsman accused the Council of second-guessing the recommendations of a report it asserted to have accepted. The Herald understands that proceedings brought on behalf of H by a litigation friend, former County Councillor Marie Binney, alleging an unlawful deprivation of liberty, have been settled. Proceedings between Mr & Mrs G and H’s parents remains ongoing. Over four years after the Council returned H to her parents and over three years after a condemnatory Ombudsman’s report, the Council has still failed to reimburse Mr & Mrs G for its embarking upon a course of action which Mr & Mrs G say has ‘ruined their lives’ and caused them financial hardship.

Unfortunately for Mr & Mrs G, the Council has form in spinning out proceedings, seeking to grind down litigants with legal manoeuvres rather than face up and fess up to its own mistakes. Hengoed councillor Dr Sian Caiach told The Herald that her question as to whether the carers concerned are still being used by the Council or employed by Perthyn remains unanswered. She told us: “Linda Rees Jones, Head of Law and Administration has suggested that only those reports the Ombudsman has specifi cally asked to be discussed by councillors should be scrutinised. That is ridiculous: The Ombudsman’s report is in the public domain and available to anyone on request It should be discussed by the Health and Social Care Scrutiny Committee, of which I am a member, without further delay. I have written to Jane Tremlett, the Executive Board member responsible, and Committee Chair Gwyneth Thomas to get this matter on the agenda.”

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Carmarthenshire County Council cracks down on fly-tippers

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CARMARTHENSHIRE County Council handed out a total of £4,350 in fixed penalty notices (FPN’s) related to fly-tipping last month.

17 FPN’s were issued as a result of CCTV footage at Carway recycling facility, resulting in a total of £2,675 in fines being given.

This includes:

  • £125 FPN issued to a Carway female for depositing a bag
  • £400 FPN issued to a Carway male for depositing black refuse bags, blue recycling bags and paint pots at the site on several different occasions
  •  £125 FPN issued to a Carway female for depositing a bag
  • £400 FPN issued to a Carway resident for depositing blue recycling bags and other items

Fixed penalty notices issued at other locations in the county include:

  • £125 FPN issued to a female for depositing a black refuse bag at Red Roses recycling facility.
  • £300 FPN issued to a Gorseinon resident who failed in his duty of care when he had his household waste removed by a person not registered as a waste carrier.
  • £400 FPN issued to a Llanelli resident for fly tipping after CCTV footage provided by a member of the public led to his identification.  The male was seen driving along the rear lane between James Street and Swansea Road in Llanelli where he was seen throwing a blue recycling bag from his moving vehicle into the lane.
  • £300 FPN issued to a Llanelli resident who failed in their duty of care after their waste was found in an overgrown verge/hedgerow in the rear lane of their street.  The resident claimed to have paid a male to dispose of their waste but failed to provide their details.
  • £300 FPN issued to a Llanelli business for failing to produce waste transfer notes after waste produced by the business was found illegally deposited in Swiss Valley, Llanelli. The business was issued a notice requiring them to produce waste transfer notes within 7 days which they failed to do. The business was also issued a legal notice to ensure any waste from the business is disposed of correctly in the future.  

Cllr Aled Vaughan Owen, Cabinet Member for Climate Change, Decarbonisation and Sustainability said: “The introduction of CCTV at Carway recycling facility has enabled us to clamp down on the unlawful dumping of waste at this site. I hope this serves as a reminder that all waste deposited at our recycling facilities must be placed in the correct container, with all bags and boxed removed from the site.”

“The Council’s CCTV strategy will be extended to other recycling facilities in the county in the coming months to help combat instances of fly tipping in these areas.”

“I would urge anyone who needs to dispose of waste to do so responsibly. We have recycling centres at Nantycaws (Carmarthen), Trostre (Llanelli), Wernddu (Ammanford) and Whitland as well as a bulky waste collection service and weekly household waste collections. When paying for rubbish to be disposed of, please use a licensed business and ensure that you are given a valid waste transfer note when waste is collected.”

For more information on disposing of waste please visit Carmarthenshire.gov.wales/recycling

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Wales stands firm in support for Ukraine

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IN THE latest update on the Ukraine crisis, Wales’s Minister for Social Justice Jane Hutt thanked all those households across Wales who have come forward to offer their homes to Ukrainians fleeing the War and encouraged more households to provide this vital support.

APPEAL FOR MORE HOST FAMILIES

The Minister for Social Justice said: “I’m delighted to say that over 5,650 people from Ukraine, sponsored by the Welsh Government and Welsh households, have already arrived in the UK.
“More than 8,200 visas have now been issued to people from Ukraine who have sponsors in Wales, so we expect the number of arrivals to continue to grow in the coming weeks.
“Thousands of Welsh households sponsored Ukrainians to arrive in Wales and committed to hosting them for at least six months.
“As we move into the autumn, we approach the end of that initial period.
“We hope hosts and Ukrainians will agree to extend many of those placements, but we need additional hosts to support those who cannot continue living where they are.
“To ensure a warm welcome to Wales, I’m inviting households across Wales to come forward and open their homes to welcome those seeking sanctuary.
“We’re immensely thankful to all those across Wales acting as hosts to Ukrainians, but more households must come forward.
“I completely understand that there are those who want to help but may not have the resources to do so, given the circumstances we’re all facing with the cost-of-living crisis.”

WALES WILL STEP UP TO THE PLATE

Jane Hutt continued: “What we all know, and has been proven countless times, is that the people of Wales are one of the most generous across the globe, and I’m sure we will step up to the plate once again.
“The idea of hosting can be daunting. That’s why we have funded Housing Justice Cymru to provide a Host Support service which includes expert and reliable information, training, advice, and guidance for people hosting, or those considering hosting, Ukrainians in Wales.
“More information on sessions and training can be found on the Housing Justice Cymru website. We also publish regularly updated guidance for hosts and sponsors at gov. wales/ukraine.
“We still need many more households to consider whether they could provide a home for those in need. This would normally be a commitment to hosting for 6 to 12 months.
“If anyone is considering this, we encourage them to register their interest at gov.wales/offerhome, and to attend one of the ‘Introduction to Hosting’ sessions, facilitated by Housing Justice Cymru. You won’t need to continue the process if you decide it is not for you.
“We have also partnered with Airbnb.org to ensure very short-term emergency placements can be provided to prevent homelessness.
“If you cannot host for more than 6 months but you could offer your property for up to 30 days at a time, you may also be able to contribute. Visit gov.wales/offerhome and follow the link to the Airbnb.org platform.”
Finally, the Minister stated: “We will continue to communicate with those who host Ukrainians, with updated guidance and information to support the valuable role you are undertaking.
“To all those that are already hosting and to those that are considering hosting, thank you, we owe you all a huge debt of gratitude.”

WESTMINSTER MUST BACK HOSTS
DURING COST-OF-LIVING CRISIS

Conservative MS Mark Isherwood raised how the cost-of-living crisis affects Ukrainian refugees.
Where families had taken in those fleeing Russian aggression, he noted a risk of sponsorships not continuing beyond six months because the hosts cannot afford the rise in fuel costs.
He asked the Minister what discussions she’d had with the UK Government about increasing the £350 contribution to households who’d taken in Ukrainian refugees.
The Minister agreed with Mark Isherwood that ending a specific ministerial post dealing with refugees was regrettable.
She noted a lack of information from the UK Government over the summer months and since Liz Truss replaced Boris Johnson as head of the Conservative Government.
Ms Hutt said: “We asked for an increase at least to £500, or up again, doubling to £700 per month. An urgent decision is needed regarding this as they reach the end of their six-month period.
“That period is underway, so we’re writing to all hosts to see if they will continue.”

UK GOVERNMENT URGED
TO PICK UP THE PHONE

The Minister thanked Mark Isherwood for introducing her to a charity offering support in North Wales, Link, and hoped that he and his colleagues would bring pressure to bear on their Westminster colleagues to ensure those in need from Ukraine and those in Wales helping them received support.
She added: “I look forward perhaps that we might have some telephone calls from the Prime Minister and other Ministers to us in Government. We must engage with them and follow this through.
“There is a huge job of work to be done here. We’re taking responsibility in the way I’ve outlined, funding our welcome centres and paying thank-you payments to hosts if they support a family who initially arrived in Wales under the Ukraine family scheme.
“That’s not happening in England. The commitment that we’re making is considerable.
“I hope everyone will join us today, saying that we need to press for those answers in terms of financial support.”

THE THREAT OF HOMELESSNESS

Sioned Williams of Plaid Cymru raised the spectre of Ukrainian refugees becoming homeless in Wales due to a lack of financial support and the end of existing hosting and housing placements.
The Minister praised the work of local authorities across Wales supporting refugees.
She said: “There are very imaginative programmes. That includes a whole range of issues like repurposing empty buildings.
“Local authorities are really coming up with a whole range of ways in which we can support people, perhaps, from a welcome centre, or a host family, into that intermediate accommodation, and then on to other longer-term accommodation.”
Pembrokeshire currently houses around 200 Ukrainian refugees, with the demand for assistance outstripping the availability of suitable accommodation.

NOT ONE PENNY FROM WESTMINSTER
TO SUPPORT FAMILIES FLEEING WAR

Responding to a question from Mabon ap Gwynfor about problems housing family groups, Jane Hutt hit out at the lack of support from the UK Government and how it’s u-turned on a commitment to help families.
“The UK Government has never given a penny towards the family scheme.
“The former Prime Minister, Boris Johnson, in one of his last PMQs, actually said that he thought the Ukraine family scheme should get the same funding and support as the Homes for Ukraine scheme. It’s never happened.
“We have provided thank-you payments to people who are hosting Ukrainian families. It’s all Welsh Government money; it’s not UK Government, because they don’t provide a penny. And also, the British Red Cross—£246,000—who are actually supporting Ukrainian families who are hosting family members under the Ukrainian family scheme.”
On Wednesday, September 28, Eluned Morgan, Wales’s Health Minister, announced the continuation of free healthcare in Wales to Ukrainian residents displaced by the ongoing conflict.
The exemption will continue to apply unless there’s a significant change in circumstances in Ukraine.

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Carmarthenshire’s sensory garden: why locals should embrace this wellness trend

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WITH ‘#sensorygarden’ 499.1k views on TikTok – locals have the advantage of experiencing a sensory garden on their doorstep at the National Botanic Garden of Wales. Wildlife experts explain why you should visit.

Wildlife expert Sean McMenemy shares how sensory gardens can do wonders for our wellness whilst providing a safe haven for wildlife and encourages Carmarthenshire locals to visit their local sensory garden this autumn.

A sensory garden is an outdoor space that stimulates the five senses of sight, smell, touch, hearing and taste, and can be created in your own garden. Sensory gardens at home remain relatively rare, but the trend is growing with the TikTok hashtag ‘#sensorygarden’ amassing 499.1k views*. 

Carmarthenshire, dubbed the Garden of Wales, has a huge array of beautiful green spaces to explore. It’s home to the National Botanic Garden of Wales which spans a huge 568 acres, attracting hundreds of thousands of visitors each year. The stunning Great Glasshouse features a sensory trail that explores the largest single-span greenhouse in the world! From fluffy flowers from South Africa to a strongly scented Australian plant, it’ll engage all your senses. 

Having recently gifted King Charles with a beautiful oak sapling, the National Botanic Garden of Wales care deeply about the nation’s natural heritage. For those visiting the garden, the paths are wheelchair accessible with manual wheelchairs available on site. Open 10am – 6pm every day of the week.

Wildlife expert and founder of bird food provider Ark Wildlife, Sean McMenemy, explains the benefits of sensory gardening: “Sensory gardens provide a great deal of physical and mental benefits for different people and purposes. From getting vitamin D from sunlight to improving physical fitness by maintaining a garden, there are several physical benefits. Mentally, you can benefit from a mood boost and relaxation by spending time surrounded by calming stimulation.

“Sensory gardens can also have huge benefits for children, older people, those with learning disabilities and those who struggle with their physical and mental health. You can also create a sensory garden for your pets and garden wildlife!”

Top tips for creating your own sensory garden

If you do have the outdoor space, creating your own sensory garden is therapeutic in itself and doesn’t need to be a complicated process. The most important thing is to ensure that the garden engages all five senses. 

Melody Estes, landscape design gardening supervisor, says: “Whether you’re new to gardening or a seasoned pro, you can always improve your garden by adding some sensory elements.” 

Here are some tips from Melody for creating a sensory garden:

Sight – Plant colourful flowers that change with the seasons.

Sound – If you have a fountain or water feature on your property, consider adding some relaxing music to play alongside it. You could also place chimes near your front door to welcome people in.

Smell – Use scent. Consider planting scented flowers or herbs like lavender, rosemary and thyme that will give off a lovely aroma when they bloom.

Touch – Mix textures. The texture of plants can be as important as their colour and shape. Try using plants with soft leaves like ferns or grasses that are texturally different.

Taste – Planting herbs, fruits and vegetables not only provide tasty treats, but is a sustainable source of food.

Sean McMenemy adds: “Sensory gardens are an easy way to engage with wildlife and the outdoor environment. Growing your own plants and vegetables provides countless ways to learn about the natural world.

“You can bring your sensory garden to life by using bird feeders to attract beautiful feathered friends into your garden. They’ll bring the sound element to your sensory garden naturally. Fragrant flowers will attract colourful butterflies and other pollinators to your garden, giving you something to observe whilst helping nature to thrive.”

Some people may not have the time, money or space to create their own sensory garden. However, those with balconies and window ledges can still plant colourful, sweet-smelling flowers and edible plants. This mini sensory garden can still provide the benefits and satisfaction of an outdoor garden.

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