THE COLLAPSE OF THRESHOLD
Or, A Courtroom Confronts Its Own Fiction
Metadata
Filed Date: 11 July 2025
Reference Code: SWK-HRG-0711-EPO-STRATEGY
Filename: 2025-07-11_SWANK_HearingStrategy_EPOCollapse.pdf
Summary:
Filed to accompany the mother’s oral hearing appearance on 11 July 2025, this statement formally exposes the falsified medical claim that triggered an unlawful Emergency Protection Order. It requests discharge of the order, return of the children, and removal of named professionals due to proven misconduct and misdiagnosis.
I. What Happened
On 2 November 2023, the Claimant was admitted to St Thomas’ Hospital with a documented oxygen saturation level of 44% — a critical respiratory emergency. Instead of being treated for hypoxia, she was accused of intoxication. This error spiraled through the safeguarding system, resulting in her four children being forcibly removed via an Emergency Protection Order on 23 June 2025.
The Claimant’s formal hearing statement — supported by a bundle of SWANK audits and hospital evidence — demonstrates that there has never been an emergent risk. There has only been an emergent cover-up.
II. What the Statement Establishes
The originating claim of intoxication was medically false.
All safeguarding interventions relied upon this error.
No lawful threshold under s.38(2) of the Children Act 1989 was ever met.
Westminster and RBKC failed to correct or verify the hospital’s claim.
The Emergency Protection Order is invalid ab initio.
III. Why SWANK Logged It
Because the Crown must not retain custody built upon fiction. Because a mother with four U.S. citizen children, a 44% oxygen reading, and a paper trail of respiratory collapse should not have to disprove lies to reclaim her family.
Because the safeguarding process has become a rehearsal of reputational harm, and it ends here.
IV. Violations and Failures
Article 8 – Right to family life (ECHR)
Article 3 – Inhuman or degrading treatment (ECHR)
Children Act 1989 – s.38 misuse, s.17 noncompliance
Clinical negligence – St Thomas’ Hospital
Data and referral abuse – Westminster, RBKC
Procedural Retaliation – Following N1 and Judicial Review filings
V. SWANK’s Position
We assert that no lawful order may stand when its only threshold was disproven before the removal occurred.
We assert that the Emergency Protection Order is a judicial error created by institutional fiction and upheld through the bureaucratic embarrassment of admitting it.
We do not appeal for mercy. We demand precision. We require the return of the children — and the end of oversight based on oxygen illiteracy.
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