⟡ “No Disclosure, No Dignity”: A Formal Response to Three Years of Ghost Protocol and Constitutional Mockery ⟡
A Letter from Counsel on the Absurdity of Pretending to Comply with Things That Never Arrived
Filed: 9 November 2020
Reference Code: TCI-LEGAL-FCHAMBERS-DEFENCE2020
Court File Name: 2020-11-09_LegalDefence_LackOfDisclosureResponse_FChambers_TCI.pdf
Summary: Counsel for Polly Chromatic issues a formal reprimand to the Department of Social Development for three years of institutional delay, document denial, and bureaucratic gaslighting.
I. What Happened
On 9 November 2020, legal counsel Mark A. Fulford of F Chambers, Attorneys at Law, issued an exquisitely barbed letter to Ms. Ashley Adams-Forbes, Acting Director of the Department of Social Development, Turks and Caicos. The letter was prompted by an absurd assertion from the department: that the client, Polly Chromatic, had failed to engage.
In reality, Polly had spent three years begging for documents that never arrived, including:
A Care Plan allegedly dated August 2019 (never provided),
The medical reports from examinations forcibly conducted on her children,
And any documentation whatsoever explaining why her family had been under prolonged state scrutiny.
Instead of disclosure, the Department delivered only silence — until counsel was engaged. Upon hiring attorneys, Polly received her first ever response in three years.
II. What the Letter Establishes
That the state invented a narrative of “non-compliance” while never issuing the materials necessary for compliance.
That the mother’s consistent requests were ignored until legal representation forced the State to blink.
That constitutional protections — including the right to know what one is accused of — were ignored with colonial nonchalance.
That medical procedures and safeguarding decisions were executed in the dark, with no transparency, no documentation, and no lawful foundation.
III. Why SWANK Logged It
Because it is not “non-compliance” if you never send the plan.
Because silence for three years, followed by a vague accusation, is not governance — it is institutional ghosting.
Because no parent should be required to perform compliance with imaginary paperwork.
Because this letter is an artefact of what happens when Black diasporic mothers must lawyer their way into the most basic procedural dignity — and still be told they are not engaging.
IV. Violations
Turks and Caicos Islands Constitution Order 2011 – Right to a fair process and access to allegations
Natural Justice Principles – Right to disclosure and right to reply
UN Convention on the Rights of the Child – Protection from prolonged bureaucratic disruption
Safeguarding Statutes – Misuse of state power without documentation
Professional Standards for Social Work – Transparency, accuracy, and duty to communicate with families
V. SWANK’s Position
This letter exemplifies a common institutional defence: blame the parent, hide the paper, delay the process, then act shocked when lawyers appear.
The Department of Social Development claimed concern for the children’s well-being — but refused to share a single report explaining why they intervened. What they failed to realise is that Polly Chromatic does not operate in the shadows. She documents.
The legal response from F Chambers did not simply reply — it shredded the State’s posturing with silk-lined sarcasm and judicial restraint. It asked the most obvious and humiliating question of all:
How can one fail to comply with that which has never been disclosed?
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