1.
At this point, I contacted my local MP, Henry
Bellingham, advising him that as this contradicts a Court decision, the matter
should be investigated by the Government Ombudsman. The Public Health Act 1936
section 302 states that if a Court varies or revokes a Council notice, the
Council has a duty to comply with the order of the Court. The legal meaning of
‘order’ is the final decision of the Court.
2.
Mr Bellingham asked for the originals of all
my documents (not copies) to be sent to the Ombudsman.
3.
Mr Bellingham duly sent these documents off
and I have not had the originals returned.
4.
I
asked Henry Bellingham to advise the Council that they cannot take any actions
whilst the Ombudsman is investigating.
5.
Many
months later, the Ombudsman said that matters that have been before a Court are
outside of his jurisdiction to investigate because he cannot get involved in
the business of the Court. He confirmed that a Court decision is final. This is
compliant with section 302 of the Public Health Act 1936.
[Exhibit RAE9, letter from Local Government
Ombudsman to Chief Executive, King’s
Lynn and West Norfolk Borough Council
dated 28 June 2008 and 07 November 2008]
6.
We
heard no more until my father died on 22 November 2008.
[Exhibit RAE10, copy of death certificate
for Albert Edward Ecclestone, dated 18 March
2009]
7.
On Saturday 22 November 2008, my father was
taken ill in the evening. I telephoned the doctor’s surgery and it went to an
answerphone in Norwich. They advised me to take my father to hospital
immediately.
8.
I asked if it would be better for me to take
him in my car because it can sometimes take a while for an ambulance to arrive.
They told me that had to be my decision.
9.
My mother and I managed to get my father into
the car but as he was so weak he had to lie down in the back of the estate car
as if he were in an ambulance.
10. When we arrived at the hospital, I notified
the duty personnel as to what had happened and they removed my father from the
car and into the hospital. We were asked to take a seat in the waiting room.
11. Some while later we were informed by the
doctor that my father had died. He asked a question in such a way that he
implied the answer was “No.” He said, “Do you want us to try to revive him? I
wouldn’t advise it because we might break his ribs and his quality of life
would not be good because of his mental condition.”
12. Thinking that this would be in Albert’s best
interests, my mother and I agreed not to revive him.
13. Both my mother and I regret that decision now.
14. Although the death certificate states that he
died at Queen Elizabeth Hospital of natural causes, which they were aware of
within 24 hours, the Hospital informed the Police.
15. I was arrested later that same evening by
police officers from Norwich.
16. I was arrested on suspicion of my father’s
death.
17.
My
mother was taken to a care home at Terrington St. John and I was taken to
King’s Lynn police station.
18.
The
police took my car keys and took the car away for examination.
19.
The
police also took my keys to the house.
20.
I
was held in the cells overnight. I managed to speak to a solicitor on the
telephone. He said he had never heard of such a case before.
21.
I
was interviewed in the early hours of the morning.
22.
I
was bailed for one month and told that I could not go home, but had to return
to the police station at 3pm the following afternoon.
23.
The
police took my own clothes away and gave me paper-thin clothes to wear around
town. I got a bad case of influenza as a direct result of this.
24.
I was not allowed home until the Monday
afternoon, when a police officer took me to the police compound where my car
was being held. He told me to drive home and said that he would follow me to
the house.
25.
When
we arrived at the house, there was a police officer present at the house and I
learned that there had been a police presence at the house since the Saturday
evening because they regarded the house as a crime scene.
26.
The
police told me that I could not pick my mother up until the following day, after
she had been seen by Social workers.
27.
The house was in a complete mess. The police
had been in it and they pulled our possessions off the shelves. My mother’s
handbag was found lying open on the kitchen floor.
28.
On
the Tuesday, I went to the care home and we had an interview with two social
workers – Tracey Hawke and Andrea Wood.
29.
Tracey
Hawke asked me questions about the Council Notice and the Court, upon which I
explained that it was all complete because we had appealed to the Court and our
Appeal had been allowed by the Court.
30.
She
gave me her phone number because she said she wanted to visit us at the house
at some stage.
31.
My
mother told her that she didn’t want all the stress of social workers coming to
the house, so she asked me to phone Tracey Hawke and tell her not to come.
32.
When
I called Tracey Hawke, the number went straight through to Swaffham Police
station.
33.
She
was unavailable, so I wrote a letter to the Social Services, saying thank you
for your help, but my mother and I do not require the support of social
services because we want to maintain our right to privacy and family life.
34.
We
received no reply.
35.
I
was still suffering from this very bad attack of influenza. On 12 December
2008, my mother said “We’ll have to go out today because we do not have enough
food in the house. Let’s go to Long Sutton market where you can see your
friends and they might help you to feel better.”
36.
On
the afternoon of 12 December 2008 on returning home from shopping, we were met
by police cars.
37.
The
police had already broken into our property, broken the gate lock and the house
lock.
38.
The
police ordered us out of our car and took me a few yards away.
39.
I
was questioned and I had my head hit on the bonnet of a car. I heard a lot of
shouting and I didn’t know what was going on. The next thing I knew, my head was
pushed with great force against the car bonnet.
40.
I
saw my mum walking up the driveway and then she was taken away by force and was
then put in an unmarked car which I believe was driven by the police. She managed
to get out and started to go up our drive way but was grabbed by someone I
believe to be a policewoman.
41.
She
was taken back to the car.
42.
According
to my mother, a plain-clothed policeman then took the side panel from the car
and locked it so that she couldn’t get out.
43.
I
believe that in the car were Tracey Hawke and Andrea Wood, both social workers.
I had met these women before just after my father died and I was unlawfully
arrested on suspicion of his death, though my father had died of natural causes.
44.
I
was not told where my mother had been taken to. I was told that she would be
returned within three days.
45.
I
now believe, from information my mother has given me, that she was taken
without her knowledge or consent to Westfields Care Home at Swaffham. I later
learnt that a police helicopter had been out looking for her that day. I cannot
understand why they would do this because people knew at the Auction in the
Tilney All Saints village hall that I had gone shopping with my mother. The
woman running the Auction had already informed the police (in their
door-to-door enquiries) that I had gone shopping with my mother. I also cannot
understand why a search would be required when my mother had not been reported
missing.
46.
I believe that they knew that we had gone out
and that nobody would be at home.
47.
From information I later received from
neighbours, the Police arrived within an hour of us leaving.
48.
The Police had committed criminal damage to my
home. I have tried to seek compensation, but the Police refuse to pay me.
[Exhibit RAE11, letter from Nichola
Thatcher, for Head of Legal Services to Robert Ecclestone,
dated 10 March 2009]
49.
The police told me that my mother would only
be away from home for about three days, but it is now more than 4½ years.
50.
My mother does not want to live in a care home
and she wants to return to her own home.
51.
After
the three days had expired, I telephoned the police and was told that someone
was coming to see me the next day to tell me where my mother was.
52.
I
assumed that they would be either police officers or social workers, but they
were in fact council officers from King’s Lynn and West Norfolk Borough Council
by the names of David Clack and Clare Hanna.
53.
They
told me that they did not know where my mother was. I believe this was a lie.
54.
They
said they had come to see whether I had complied with Council Notices. They
gave me a letter dated 17 December 2008 – signed by David Clack – saying that
the Court had confirmed the Notices and they were going to take Enforcement
action.
[Exhibit RAE12, letter from David Clack,
Principal Officer Housing Standards to Robert
Ecclestone, dated 17 December 2008]
55.
I
reminded them that both of my Appeals against the Council Notices were allowed
by the Court: the Prevention of Damage by Pests Act notice was subject to the
removal of old cars which I showed them had been complied with – old cars had
been removed.
56.
Mr
Clack was in disagreement with me.
57.
Mr
Clack and Ms Hanna would not accept that there no Court Orders against me or my
mother, so I saw a solicitor by the name of Dean Payne, of Hawkins Solicitors
(19 Tuesday Market Place, King’s Lynn, PE30 1JW).
58.
Mr
Payne wrote to the Council, requesting to see copies of the Court Orders.
[Exhibit RAE13, letter from Dean Payne,
Hawkins Solicitors to David Clack, Housing
Standards, BCKLWN, dated 5 February 2009]
59.
He
did not receive a reply, so he wrote again.
60.
Mr
Clack lied to the Solicitor when he told him that the Council Notice appeals
had not been allowed by the Court.
61.
At
about this time, the Social Worker (Andrea Wood), informed me of the
whereabouts of my mother.
62.
Dean
Payne contacted Andrea Wood and asked for details of the Court Hearing for the
Appeals in 2007. Ms Wood said that Norfolk County Council had no records of our
Appeals to the Court.
[Exhibit RAE14, fax message from Andrea
Wood, Social Worker to Dean Payne, Hawkins
Solicitor, dated 08 January 2009 ]
63.
I
was on police bail for a month and when that month expired, they renewed it for
another month.
64.
This
meant that my father’s funeral was delayed from 22 November 2008 until 5
February 2009. This delay caused my mother and me considerable alarm and
distress. Bad weather, relations being on holiday, stigma of police involvement
meant that only my mother and I were present at my father’s funeral which
caused us both further distress.
65.
Sometime
in January 2009, I had a visit from Clare Hanna and David Clack. They told me
that I should put all my valuables in the loft and in two other rooms so that
“…they would be safe when we come to remove all the rubbish from your house…”
66.
I
told them that they had no authority to remove possessions from our house so
they then said, “we are only coming to clean the property.”
67.
Dean
Payne had a meeting with Council Officers on the same day as my father’s funeral,
and I was therefore unable to attend.
[Exhibit RAE15, Attendance Note by Dean
Payne, Hawkins Solicitors, dated 06 February
2009]
68.
Mr
Payne told Mr Clack and Ms Hanna that he was writing to the Court to ask the
Court what was agreed in 2007 because “…there seems to be contention between
what you (the Council) are saying and what my client says…”
[Exhibit RAE16, Letter from Dean Payne,
Hawkins Solicitors, to King’s Lynn Magistrates’
Court dated 05 February 2009]
69.
Henry
Bellingham MP also wrote to the Court requesting details of the Hearing in
2007.
[Exhibit RAE17, Letter from Henry
Bellingham, MP to King’s Lynn County Court, dated
23 January 2009]
[Exhibit RAE18, Letter from Dona van
Tankeren to Henry Bellingham, MP dated 13 February
2009]
70.
Mr
Clack and Ms Hanna said to Mr Payne that “…We can’t wait. We’re going in on
Monday (9th February 2009) to clear the property…”
[Exhibit RAE19, Attendance Note by Dean
Payne, Hawkins Solicitors, dated 05 February
2009]
71.
Mr
Payne said that he could not stop them, but I believe that he could have got an
injunction to stop them until he had received a reply to his letter (dated 5
February 2009).
72.
From
evidence that I have in my possession, Mr Payne took a two-week holiday from 9th
February 2009.
[Exhibit RAE20, letter from Dean Payne,
Hawkins Solicitors to Robert Ecclestone, dated
02 July 2009]
73.
The
Court replied to Mr Payne stating that both Appeals were allowed by the Court
and that providing the cars had been removed, the Council had no case against
me or my mother.
[Exhibit
RAE21, letter from King’s Lynn Magistrates’ Court to Dean Payne, dated 27 February 2009]
74.
By
the time the letter reached the Solicitor, the case had been closed by the
Solicitor and our property had been unlawfully removed. Every room in the house
had been emptied.
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