B. Willicott v UK

I am mother to a beautiful yet severely complex child who enjoys life, whilst living with a rare neurological disease affecting his neuro sphere (intellectual learning ability) and physical biology, however he is equally intelligent and articulate aka (Multiple Exceptionality).

My child fits neither a mainstream or special schooling environment. LA refused to listen to me, failed to elicit my sons voice, refused to accept professionals’ reports and recommendations, including published peer reviewed neurogenetics articles, dismissing MRI scans by the Neuro Department (GOS).

The prior 36 months of research, to observe 49 schools, resulted in only 1 (11 miles out of county) with a deinstitutionalised schooling method, that could offer my son a suitable educational environment.

Then followed a botched LA transition process, breaches of law, and 3 months late, they offered our school, then retracted the offer, on the grounds of it being too far whilst refusing transport. The LA named a local Special School that was even further away and more expensive. We had no choice but to home educate.  I did not electively choose to home educate, but rather was forced to home educated to protect and save my sons neurological plasticity, so as to avoid educational and emotional regression.

I am a Mother – I Have a Child, Registered as Having a Rare Disability – Who Also Needs an Education.

I live in the United Kingdom.

The Year is 2019 – I Have Fought the UK Government for Over 10 Years of Which 7 Years & 11 Months was for a Suitable Education. 

This fight involved:

  • Abuse and Misappropriation of UK Tax Payers Money
  • Abuse of Citizen/Parent – Abuse of Child
UK AND INTERNATIONAL DUE PROCESS
1.     1 x Conservative Committee – Parliament Lobby Bundle to (David Cameron and Nick Clegg for Intervention – both cited incorrect Legislation and Due Process Management) – Complete Failure in administration by LA – FAILED TO LISTEN TO CHILD’S VOICE.
2.     1 x Magistrates Court Trial – Accused of abusing BW’s Public Funded Disability Allowances, for BW’s care allowance whilst being a mature student. The Local Authority failed to check documentation pertaining to BW’s allowance, judiciary ruled that all documents and declarations were filed, and held on record with the LA. – Not Guilty (LA, failed to thoroughly investigate declarations.) [Threatened with…….5 year sentence and £20 000 fine, Criminal Record] (2014) NOT GUILTY
3.     1 x Educational Tribunal via SENDist, appealing Part 4 [Placement] – Appeal Withheld (SENDist ruled in favour of the LA, by using legislation – ‘Not best use of Public Resource’ – despite the placement ‘costed’ out as being ‘cost neutral’ to the public’s purse.) (2014) – FAILED TO LISTEN TO CHILD’S VOICE.
4.     1 x Magistrates Court Trial – Accused of failing to comply with an unlawful (SAO) School Attendance Order, despite the defendant being within the law to lawfully and legally home educate. – Not Guilty (LA, failed to comply with legislation, failed to understand the law, and ruled that the LA had committed a State Crime, withdrew before ruling.) [Threatened with…….3 to 6 months sentence and £10 000 fine, Criminal Record] (2014-2016) NOT GUILTY
5.     1 x High Court Application in submission for Judicial Review, based on the SENDist Tribunal Decision. – Application Withheld (High Court and Barristers Chambers ruled that it would not a yield an effective remedy based on the time scale of litigation, and best use of public resources, as the High Court costs would be higher than that of the schooling placement.) (2015) FAILED TO LISTEN TO CHILD’S VOICE.
6.     1 x Magistrates Court Trial – Accused of failing to comply with an unlawful (SAO) School Attendance Order, despite the LA knowing they were committing a further State Crime. – Local Authority Conceded (LA, failed to comply with legislation, failed to understand the law, and ruled that the LA had committed a State Crime, withdrew before ruling.) [Threatened with 3 to 6 months sentence and £10 000 fine, Criminal Record] (2016) NOT GUILTY
7.     2 x European Court of Human Rights submission – seeking resolve for UK Human Rights Educational failings. (2015)– Application / Trial Process heard by EC Chambers, it was ruled that before the case could be heard at Grand Chamber Tier, the UK must comply with the Child Rights Charter and an application to High Court must be allowed, it was further recommended that a combined Discrimination, Inclusion, Rare Disease Strategy and Damages application be filed simultaneously. (2016) UK MUST COMPLY AND HEAR BW’S VOICE.
8.     1 x Educational Tribunal via SENDist, appealing Part 4 [Placement] – Appeal Withheld (SENDist ruled in favour of the LA, by using legislation – ‘Not best use of Public Resource’ – despite the placement costed as being ‘cost neutral’ to the public’s purse.) FAILED TO LISTEN TO CHILDS VOICE.
9.     1 x Legal s17 Assessment – Rare Disease – Disability Assessment – Disability Children’s Team/Child in Need Team (Social Services) May 2009, 2010, 2011, 2012, 2013, 2014, 2015, REFUSED on the grounds that it was complex – May 2016 in instructed Judicial Review Proceedings  for LA being in breach of legislation and noncompliance and refusal to assess based on Rare Disease Strategy, s17 [UK] and {EHCP} – 8 Years, 11 months and 3 days – LA conceded with a statement: “We did not have B’s Folder”…… Social Services Blamed the SEND Education Department; the SEND Department Blamed the Social Services Department. ASSESSEMENT GRANTED AND CARE PROVIDED (2017). THE CASE TOOK 8 YEARS, 11 MONTHS AND 3 DAYS TO BE RESOLVED. FAILED TO LISTEN TO CHILD’S VOICE & to FOLLOW RARE DISEASE STRATEGY
10.  1 x SEND DEPARTMENT/SOCIAL SERVICES request for JW to consider SEND Negotiations (December 2016) – JW duly compiles and produces entire Negotiating bundle as underwritten by Hertfordshire County Council and School on behalf of Barnet LA. (March 2017) BARNET make a U-turn and refuse to negotiate. LA HALTED NEGOTATIONS (2017) FAILED TO LISTEN TO CHILDS VOICE.
11.  1 x LOBBY PROCESS – CONSERVATIVE COMMITTEE Meeting and Intervention process (April 2017) – JW instructed to produce dossier and legal chronology. [Lobby on why have LA and SENDist scrapped all professional reporting for BW] – JW Submits formal bundle to Parliament (April) CONFLICT OF INTEREST FROM CONSERVATIVES
12.  1 x Transition from Statement of Education to EHCP reengaged, (September 2017) LA refused to comply with EHCP Process JW instructs High Court to processed with JR. LA agree to adhere to legislation, (November 2017) BW will be offered EOTAS for exam prep. BW finally offered EOTAS (FARM) (December 2017)
13.  BW starts EOTAS (January 2018) [Farm x 2 days a week] and [2 x Teachers
14.  BW offered full Personal Budget for equipment, packages and support. (February 2018)
15.  BW is issued with his EHCP (27 April 2018) 4 yeas late, with provision and diagnoses / health missing.
16.  JW starts High Court JR process – LA state that he doesn’t need the diagnosis and provision in EHCP, JW threatens to get Metropolitan Police arrest warrants. (30 April 09:00am) JW gives LA 4 hours to amended EHCP and by reverted to the signed EHCP legal agreement. LA call 2 hours later citing (Oversight) JW finally receives EHCP (30 April 2018, 14H00pm)
17.  JW Collapses – taken into hospital (Cortisol and Stress total body collapse) (June 2018)
18.  BW starts College aged 14/15 on the Catering/Food Nutrition Course (September 2018) – Home Education ensured that BW continued his neuro plasticity program.
19.  BW – has an early annual EHCP review (November 2018) – excellent progress, in suitable environment and is progressing in a main stream college with 1:1 support whilst being taught how he learns.
20.  BW – passes interview at College for Chef School, passes L1 Food and Safety HACCP, passed adapted English & Math’s exams. (March 2019)
21.  First EHCP amended and signed (March 2019)
22.  1 x High Court Submission (Tort/Negligence for Damages) using legislated regulations pertaining to Disability Discrimination Act, Child Rights Act, Child and Families Act, Disability and Inclusion Act, Equality Act, Rare Disease Strategy, Human Rights Act and Child Rights Charter. (2018) PENDING (FILING MAY 2019)

EMPOWERMENT – EDUCATION/LAW & PROCESS

  • Health Principles – Primum non nocere
  • CBAM = Cost Benefit Analysis Model 
  • Education & Health

I get many emails and or messages from the public (Professionals [Clinical], Parents, Teachers, some students, Education Professionals etc) asking me to explain the BWillicott v UK case & how I used basic domestic and International Legislation as well as applying the science (public health) to support said case. 

To save time, I am making this public so that others can share the info and be empowered. (Unfortunately I can’t reply to everyone).

1. My first point of law 

Any government, regardless of where you are on this planet, has a duty called (it’s first duty) “primum non nocere” = to “First do no harm”. 

How can I/BWillicott be considered as harmed, are just some of the questions I get… let me explain.

Each country/government has a set of health principles. 

Many then state: “how can health be associated with education.” 

Well, ‘Public Health’ is not just about being sick, as many seem to think or understand. Health constitutes everything that enables & sustains a human to live life. 

The WHO (World Health Organisation) has a clear mandate: 

‘Health is not just the absence of disease, but rather everything that enables a full life.’ 

2. My second point of law

[As defined by World Health Organization (WHO), Health it is a “State of complete physical, mental, and social well being, and not merely the absence of disease or infirmity.”]

3. My third point of law 

Health Principles: each country has a varying set of principles, but not all have ratified them according to the WHO. [1945/1946]

I used the WHO health principles as they were ratified by the UK [1946]

The WHO Founding Constitution 
Please read through the 9 principles ~
https://www.who.int/about/who-we-are/constitution

4. My fourth point of law 

The UNCRC (The Voice of the Child) [United Nations Childs Right Charter]Articles noted below: 

https://www.unicef.org/crc/files/Participation.pdf

https://www.unicef.org/…/files/Every_Childs_Right_to_be_Hea…

https://downloads.unicef.org.uk/…/UNCRC_united_nations_conv…

https://downloads.unicef.org.uk/…/20…/05/UNCRC_summary-1.pdf

Article 1,2,3,4,5,6,8,12,13,14,15,16,23,24,26,27,28,29,31,41.

5. My fifth point of law 

ECHR – (European Court of Human Rights)

Article 6 (part 1) 
Articles 8 – Article 9 – [Article 14 by association to Article 2a Protocol 1 – (Prima Facie)] Article 13 

Protocol 1, Article 2 (part 2a) 

https://www.echr.coe.int/Documents/Convention_ENG.pdf

6. My sixth point of law 

Prevention rather than cure (Implementation of Fundamental Rights, Absolute Rights, and Health Principles) 

Early intervention Strategy UK/England 
Early intervention Policy 

https://assets.publishing.service.gov.uk/…/Prevention_is_be… (this was on the back of one of my papers to the government as part of a cost benefit analysis model) 

7. My seventh point of law 

The Rare Disease Strategy (2013 amended 2018) 

For those who have an undiagnosed condition, awaiting a diagnosis, in medical research, and who have a diagnosis. 

https://assets.publishing.service.gov.uk/…/UK_strategy_for_…

8. My eighth point of law 

Public Money – Best use of public resources (Cost) [Public purse] by using CBAM (Cost Benefit Analysis Model) & CEA (Cost Effective Analysis) 

Linking it to Prevention is better than cure & constructive management of public money.

https://assets.publishing.service.gov.uk/…/Managing_Public_…

The whole impact cost or burden of cost versus the denied provision cost (especially if things go wrong) 

https://assets.publishing.service.gov.uk/…/The_Green_Book.p…

https://assets.publishing.service.gov.uk/…/cost_benefit_ana…

https://www.instituteforgovernment.org.uk/…/IfG%20Report%20…

https://publichealthmatters.blog.gov.uk/…/cost-savings-and…/

https://www.herc.ox.ac.uk/…/applied-methods-of-cost-benefit…

https://youtu.be/iO-LzUfju0U

https://youtu.be/4bQ3VikPxQc

Whole cost = everything that is associated to the entire process.

9. My ninth point of law 

[Mental Health Act 1983] 
https://www.legislation.gov.uk/ukpga/1983/20/contents

Halting process and or expediting process If Health deteriorates (See health principles) 

If health deteriorates – one is therefore harmed (Health is affected by the ineffective delayed / prolonged process) when Gov fails to follow its own legislative due process. 

10. My tenth point of law 

Application of Social Determinants of Health 

https://www.who.int/social_determinants/sdh_definition/en/

https://www.gov.uk/…/chapter-6-social-determinants-of-health

Both UK & International 

11. My Eleventh point of law 

Maslow’s Hierarchy of Needs (Equality Act 2010) 

Equality Act 2010 [Inclusion]?

https://www.legislation.gov.uk/ukpga/2010/15/contents

https://www.verywellmind.com/what-is-maslows-hierarchy-of-n…
(Balanced reviewed article) 

12. My twelveth point of law 

Implementation of United Nations -Sustainable Development Goals 

https://www.un.org/sustainab…/sustainable-development-goals/

https://sustainabledevelopment.un.org/?menu=1300

Goal 3, 4, 10, 16, 17

13. My thirteenth point is law 

Application of the Environmental Psychology Model and subsequent theories

Environmental psychology, as a distinct and recognised area of psychology, is relatively recent. Its focus, on the transactions between people and places, is age old: many writers outside psychology have discussed the influence that a person’s surroundings can have on their behaviour and attitudes.

This model pulls together all the above into one point of definition.

Many associate and think that environment refers to (soil, climate, chemicals etc) that’s only marginally correct, however environmental psychology or environmental health is in fact all of the above mentioned points of law in one. 

Environmental psychologists often study how the built or physical environment affects human behavior. 

They may conduct research on this topic, or apply their knowledge to designing safe and ergonomic spaces that are conducive to emotional well-being, such as colorful, open floor plans, or how educational institutions / spaces / class rooms / educational processes (environments) affect a person or child. 

For this I will the most basic of illustrations: 

https://www.researchgate.net/…/Conceptual-model-of-approach…

Or the graphic by Howard Earl (1943) [Frames of Mind – The theory of multiple Intelligences] 

https://serendipstudio.org/biology/b103/f01/web2/wise.html

http://infed.org/…/howard-gardner-multiple-intelligences-a…/

If Einstein really stated the Fish/Tree theory model, is anyone’s guess, but let’s run with it: “Education is what remains after one has forgotten what one has learned In school.”

14. My fourteenth point of law 

Children with Disabilities 

Lastly, I linked in the UNICEF (Article 7) 

https://www.unicef.org/crc/files/Rights_overview.pdf

And The UN Charter. The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

http://www.un.org/en/charter-united-nations/

Universal Declaration of Human Rights 

Which was concluded using the KidzRights Index which covers the 5 domains: 

• Right to Life 
• Right to Health 
• Right to Education
• Right to Protection 
• [Right to an Enabling Environment for Child Rights] 

https://www.kidsrightsindex.org

When I took the UK to task, I used the 2015/2016 data.

https://www.kidsrightsindex.org/…/The%20KidsRights%20Index%…(2018)

Where the UK was once at 11th position 
(11/165) they slipped to 156/165) (2016) 

There are now 182 countries on the global ranking structure.

The UK has slipped to 173/182 counties, to state that this is catastrophic is an understatement with an overall diabolical score of 0.379! 

We are not facing a crisis, but rather we/our children are now treading water, with fighting every single drop of water that’s filling their lungs.

This is a merely the main summary of what I used. The other parts of legislation / evidences etc are really needed for this brief public post! 

I hope this helps and empowers you all to continue in your fight to seek a future for your children.

Kind regards 

Janet Willicott