⟡ The Audacity of Absence: When Bureaucrats Blame Mothers for Ignoring Documents That Were Never Sent ⟡
A Five-Point Rebuttal in the Key of Constitutional Outrage and Administrative Memory Loss
Filed: 9 November 2020
Reference Code: TCI-FCHAMBERS-2020-DISPUTE-NARRATIVE
Court File Name: 2020-11-09_Records_MarkFulfordLegalResponseToDSDClaims.pdf
Summary: A letter from F Chambers, on behalf of Polly Chromatic, dissecting the procedural fantasy in which one can be called “non-compliant” with a plan that never existed and never arrived.
I. What Happened
In reply to the Department of Social Development’s letter dated 11 September 2020 — which accused Polly Chromaticof failing to cooperate — Mark A. Fulford, Managing Partner of F Chambers, issued a calibrated correction in the form of eviscerating legal courtesy.
It revealed the following:
Polly had submitted years’ worth of correspondence to the Department — all ignored.
The so-called August 2019 Care Plan was never served, never signed, never seen.
The Department's claim of "concern" lacked a single disclosed complaint, report, or medical justification.
The only definitive conclusion available was this: if anyone failed to engage, it was the Department — not the mother.
II. What the Letter Establishes
That no parent can be “non-compliant” with a document that was never delivered.
That the Department had not provided Polly with even one official record of the case allegedly built against her.
That for three years, the only "engagement" the Department could offer was absence — until counsel was retained.
That the children were reportedly in “good health” when seen by a doctor, rendering the basis for any Care Plan both medically unnecessary and legally incoherent.
III. Why SWANK Logged It
Because this is not law. This is spectacle posing as procedure.
Because it takes a particular form of colonial officiousness to accuse someone of failing to comply with paperwork that was never sent.
Because safeguarding should never rely on phantom documents and delayed disclosure — and mothers should not be required to guess what the State thinks they did.
Because Polly Chromatic has always complied — with the law, with the record, with the reality. It is the Department that refused to meet her there.
IV. Violations
Turks and Caicos Islands Constitution Order 2011 – Right to be informed of accusations, right to fair process
Natural Justice – Right to see the evidence against you
Children (Care and Protection) Ordinance 2015 – Care Plans must be documented, shared, and lawful
Professional Ethics for Social Workers – Transparency, procedural clarity, family engagement
Data Protection Principles – Failure to disclose official reports upon request
V. SWANK’s Position
This legal letter is a clinic in how to dress contempt in velvet.
It is what happens when a mother’s dignity is weaponised against her, and she responds by hiring counsel who drafts justice in iambic pentameter.
The Department failed to engage for three years. It lost its records. It forgot its duties. And when finally confronted, it fabricated the appearance of a Care Plan to shift the burden of failure.
We are not here for appearances. We are here for the record.
And in this case, the record is missing — but the mother is not.
⟡ SWANK London Ltd. Evidentiary Archive
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