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Monday 18 July 2016

An Article by Jane a Family Rights Campaigner


The Purpose of this Report is to Assess whether Judge Duggan is able to conduct a fair hearing in accordance with Judicial Procedure and Article 6 of the Human Rights Act.

James Ross Duggan was born on the 14th July 1956. He enjoys cricket , football , travel and theatre.

He lives in an expensive house in Lathom, Ormskirk, Lancashire , L40 5UA

His Career: bar Liverpool 1978-2006, circuit judge (Midland Circuit) 2006-, designated family judge 2007-. The Queen has appointed James Ross Duggan as a Circuit Judge. Lord Falconer assigned him to the Midlands Circuit with effect from 10 April 2006.

Lord Falconer is responsible for keeping family courts secret. What do we know about Lord Falconer?

Name Charles Leslie Falconer, Baron Falconer of Thoroton, PC, QC, Britsh barrister and Labour party politician. Falconer became a flatmate of Tony Blair when they were both young barristers in London in the late 1970’s in Wandsworth. Tony Blair is the Prime Minister that invented adoption targets and stated the adoption of children needed to be increased by 50 %. It’s important to state that here for further reference later.

In June 2003 Lord Falconer became the Lord Chancellor and the first secretary of state for constitutional affairs, a position created originally to replace the position of Lord Chancellor.
In May 2007 the department for Constitutional Affairs (DCA) became the new Ministry of Justice. With an enhanced portfolio, that encompasses all the responsibilities of the former DCA plus some functions transferred from the Home Office.

Upon that reorganisation taking effect on may 9th 2007, Lord Falconer became the first Secretary of State for Justice, while keeping the title and role of Lord Chancellor.

In 2007, Lord Falconer crushed an attempt to open the the proceedings of the family courts to public scrutiny and declared that ‘children’s rights to privacy comes first’.

Following Gordon Brown’s succession to the position of Prime Minister, Falconer was replaced as Minister of Justice.

8th July 2008 Falconer joined the London office of Gibson Dunn and Crutcher. Gibson, Dunn and Crutcher resolved the disputed 2000 presidential election in favour of George Bush. Gibson, Dunn and Cruthcher LLP received the 2006 Corporate Award for special achievement in Adoption from the North American Council on Adoptable Children. The firm was honoured for expediting the adoption process of thousands of children.

Lord Falconer also made the headlines by defending a judge who had given a non custodial sentence to a paedophile.

Lord Falconer seems to be very leniant in his views regarding peadophiles and endorses the work of  ‘pro paedophile’ psychologist Richard Gardner in the family courts. There was also an outcry regarding the case of Craig Sweeney.

Craig Sweeney (born c. 1982) is a Welsh child sex offender, from Newport in Wales. Public criticism of Sweeney’s sentence voiced by Home Secretary John Reid prompted the House of Commons Constitutional Affairs Committee to recommend that the Ministerial Code be amended with guidelines to govern the public comments of ministers about individual judges to reinforce the provisions within the Constitutional Reform Act 2005.[1] The Committee wrote: “The Sweeney case was the first big test of whether the new relationship between the Lord Chancellor [i.e. Lord Falconer] and the judiciary was working properly, and it is clear that there was a systemic failure.

Craig Sweeney was found guilty of the abduction and sexual assault of a three year-old girl. He was known to the victim’s family, whom he had befriended weeks before the crime.[4] Sweeney was released on licence in late 2005 after serving a term in jail for indecently assaulting a six-year-old in April 2003. While on licence, he was accused of inappropriately touching a child’s bottom, but the police and probation workers did not return him to prison, despite his “risk of harm” being raised to “high”.[5] Sweeney abducted the girl on 2 January 2006, two days after his licence had expired.[4] He drove her to his Newport flat where he was living on licence. He was caught the day after, when he crashed his car during a high speed chase initiated after Sweeney jumped a red light. The girl, who was in the crash with him, survived with minor injuries.[4]Sweeney admitted four charges of kidnapping, three of sexual assault and one of dangerous driving. His defence counsel said he had “shown remorse when arrested and was distressed at the depravity at what he had done”.

He was sentenced to life in prison with a tariff of 18 years, and will be considered for parole after five years and 108 days. The tariff was so because of his co-operation with the police and his guilty plea at the latest opportunity, as well as the time he had spent in custody awaiting trial. On 10 July 2006, it was decided that the case would not be referred to the high court of appeal, as the sentence had been compliant with the law, and he did not want to bow to public pressure. The victim’s mother said she was “Gut-wrenchingly sick” at the decision.

Given what we know about Lord Falconer, should we not be worried who he assigns as Judges, especially when it comes to children’s cases?

Judge James Ross Duggan is also affiliated with a company/charity called 
Local Solutions, company number 1792921 – charity number 515060
Registered Office: Mount Vernon GreenHall Lane Liverpoo lL7 8TF

James Ross Duggan is listed as the Vice Chairman for this company.
Rev Steven Brookes J Ross Duggan – Vice Chairman
Mumin Khan A T Robert Macfarlane David A Mathieson
Shelagh McGrath, Robert T H Owen, Geoffrey Russell, Neil Scales, Richard M White, Barbara H Wood
Chief Executive: M. Pearson Secretary: M. Pearson
Bankers: National Westminster Bank plc, 22 Castle Street, Liverpool, L69 2BE
Solicitors: Brabners Chaffe Street, 1 Dale Street, Liverpool L2 2ET
Mace & Jones Drury House, 19 Water Street, Liverpool L2 ORP
Auditors: Grant Thornton UK LLP, 1 st Floor, Royal Liver Building, Liverpool L3 1PS



The Objectives of the Company;
Objectives and activities
The objects of the charity are set out in the Memorandum and Articles of Association. The main areas of activityare the promotion of charitable purposes in the fields ofeducation, social welfare and recreation. As we say in our mission statement we seek to improve the quality of life by challenging social and economic disadvantage. This we do by working closely with partners in the public, private and voluntary sectors. Within the public sector our partners include national bodies and local authorities in our operational areas. We seek to be a flexible and innovative organisation.

Despite the disappointing financial outcome, we feel that in many ways the year under review has been one of progress for Local Solutions. Our turnover has increased by 7.5% which is well ahead of the rate of inflation. The most significant increases were in the provision of our Domiciliary and Social Care and our Early Years Care services.

In Autumn we were approached by Flintshire Social Services about the prospect of replicating the MAP service and setting up a Supported Lodgings Scheme in their area. The Supporting People Team in Denbighshire also contacted us with a view to setting up a similar scheme there. A number of discussions have since taken place to clarify if theseare viable options for us to consider. We have also been approached by Merseyside Connexions with regards to the possibility of us taking over the management of a Young Mother’s Supported Accommodation Unit in South Liverpool. The Unit, which consists offive self-contained flats with 24 hour site support for young mother’s aged 16 and 17 is a much needed resource in the city.

We achieved our aim of building on the connections we already had in place and widening the range of those helping to fund our activities with the result relationships were strengthened with a range of agencies. These included schools, community/voluntary organisations, probation, social services, drugs rehabilitation projects, homelessness and mental health agencies.

At the beginning of the year we set ourselves various objectives. One of these was to consolidate and expand partnership arrangements for delivery of services. We now feel we have made good progress in this area. There have been new ventures with the Local Authorities, for example in Early Years. We have also made considerable efforts to involve our service users as partners involving them in surveys and consultations in many areas of our work.

Total income increased from £13.56m to £14.57m, a rise of 7.5%. This is slightly ahead of last year’s growth of6.5% and well ahead of the rate of inflation and confirms the ongoing increase in the volume of services we are providing. Whilst there was a decrease in the turnover in Lifelong Learning, there were significant increases in our Early Years and Domiciliary and Social Care activities.

We are pleased to be able to report that at the end of the year, the cash at bank and in hand figure was £876k, over£500k higher than a year earlier, though it is important to emphasise that this higher figure still represents only three weeks’ operating expenses.
For the year ended 31 March 2006

Total funds carried forward at31 March 2006 1,191,967

My Conclusion: 
Judge Duggan is in breach of the six ‘values’ the principles being

1. Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.

2. Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.

3. Integrity is essential to the proper discharge of the judicial office.

4. Propriety and the appearance of propriety, are essential to the performance of all of the activities of the judge.

5. Ensuring equality of treatment for all is essential to the due performance of the judicial office.

6. Competence and diligence are prerequisites to the due performance of judicial office.
Judge Duggan has been made aware that the Local Authority has misled the court and has ignored it. He has had 3 bundles of my evidence and 7 professional witness statements since 2011 and does not appear to have read them.
He has not allowed experts appointed in the case to have access to them thus only allowing Local Authority bundles to be passed on.

He is allowing comments to be made in respect to previous findings in a case that ended in 2009 that was based on flawed evidence and misdiagnosis, in which the Judge at that time Judge Granville Styler saw evidence of the Local Authority perverting the course of justice and committing contempt of court and did nothing.

He is denying me the right to the witnesses I need to call that would be able to evidence that the social worker and CAFCASS officer’s statement and reports are flawed and untrue.

He has pandered to the solicitor for the child for the hearing to take place on the 2nd July, so they can call their witness Dr John Pilgrim who wrote a report on me without seeing me and whose old reports are out of date see Webster v Norfolk County Council. He has set it out to be a 5 day hearing during which my daughter’s social worker is on holiday and will not be able to be cross examined.

He also has not put my daughter paramount in this case and has put costs and time limits over my daughter which also breaches the child’s welfare check list.

There are many breaches of the data protection act also as information about myself likely to cause me distress has been given out without my consent. There is also yet again issues with social workers perverting the course of justice.

Judge Duggan  should  be removed from my case with immediate effect for his breach of his ethical standards as set out above, as there are only two judges at Stoke who now deal with care cases, one being the above named and the other being Judge Granville Styler responsible for the miscarriage of Justice in respect to my son Ethan Lloyd and the use of the fraudulent psychiatrist Dr George Hibbert who is now facing a fitness to practice panel hearing as a result of my case and complaint, the only option appears for the case to be transferred to another court and Stafford court would be more convenient for all parties.

Judge Duggan clearly has vested interests outside the courts arena being vice chairperson to a company that is involved in social care and works with Local Authorities. This gives question to how impartial he can be when dealing with Local Authorities and Social Workers in the court room and may signify why he has showed biasedness.

It is my view that Judge Duggan has demonstrated a biasedness toward the Local Authority and the social workers which includes the CAFCASS officer and this will have serious repercussions for the child involved and her family causing immense distress and injustice.

yours faithfully

When injustice becomes law rebellion becomes duty. Thomas Jefferson Lawful Rebellion

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