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“Though the Witch knew the Deep Magic, there is a magic deeper still which she did not know. Her knowledge goes back only to the dawn of time. But if she could have looked a little further back… she would have known that when a willing victim who had committed no treachery was killed in a traitor’s stead, the Table would crack and Death itself would start working backward.” - Aslan, C.S. Lewis, The Lion, the Witch and the Wardrobe

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Showing posts with label Section 38 CA 1989. Show all posts
Showing posts with label Section 38 CA 1989. Show all posts

PC-9315: In re: The Ghost of an Order That Never Existed


⟡ Evidentiary Addendum – Wrong Order Type / Jurisdictional Breach ⟡

Filed: 4 November 2025
Reference: SWANK/CENTRALFAMILYCOURT/PC-9315
Download PDF: 2025-11-04_Core_PC-9315_CentralFamilyCourt_WrongOrderType_JurisdictionalBreachAddendum.pdf
Summary: Demonstrates that an Interim Supervision Order was transfigured into an Interim Care Order without lawful application, rendering the outcome void ab initio.

I. What Happened

An Interim Supervision Order (ISO) was the sole order applied for by the Local Authority within Case No ZC25C50281.
The Court record, however, references an Interim Care Order (ICO)—a creature of fiction with no originating application, hearing notice, or procedural amendment.

• Application: ISO only (CAFCASS email 16 June 2025).
• Outcome: ICO imposed, unheralded and uninvited.
• Effect: Jurisdiction displaced, notice rights extinguished, due process immolated.

II. What the Document Establishes

• A procedural discontinuity between order applied for and order granted.
• A jurisdictional void under s. 38 Children Act 1989.
• Evidence of systemic disregard for disability accommodations requiring written communication.
• Article 6 ECHR breach by omission of notice and opportunity to be heard.
• Concrete proof that Westminster/RBKC administrative practice treats procedure as optional décor.

III. Why SWANK Logged It

Because even paperwork that never lawfully existed can—and must—be elegantly autopsied.
This record converts bureaucratic negligence into documented jurisprudence-by-embarrassment, ensuring that the ghost order’s afterlife is permanently annotated in the archive.

IV. Applicable Standards & Violations

• Children Act 1989 § 38 – Statutory precondition for Interim Care Order absent.
• Human Rights Act 1998 – Article 6 ECHR (fair-hearing and notice).
• Equality Act 2010 – Failure to honour disability communication adjustments.
• Data Protection Act 2018 – Procedural handling without lawful basis.

V. SWANK’s Position

This is not a clerical misunderstanding. This is an unlawful metamorphosis of jurisdiction, executed without consent or notice, and therefore null.

SWANK London Ltd. formally:
• does not accept the legitimacy of the ICO recorded on 23 June 2025;
• rejects any enforcement flowing from a void instrument;
• documents this breach as part of the ongoing evidentiary audit of Westminster Children’s Services and associated counsel.

⟡ This Entry Has Been Formally Archived by SWANK London Ltd. ⟡
Every entry is timestamped. Every sentence is jurisdictional. Every structure is protected.
This is not a blog. This is a legal-aesthetic instrument.
Filed with deliberate punctuation, preserved for litigation and education.
Because evidence deserves elegance.
And retaliation deserves an archive.

© 2025 SWANK London Ltd. All formatting and structural rights reserved. Unlicensed reproduction will be cited as panic, not authorship.

⚖️ Legal Rights & Archival Footer This Dispatch Has Been Formally Archived by SWANK London Ltd (United Kingdom) and SWANK London LLC (United States of America). Every entry is timestamped. Every sentence is jurisdictional. Every structure is protected. Every division operates under dual sovereignty: UK evidentiary law and U.S. constitutional speech protection. This document does not contain confidential family court material. It contains the lawful submissions, filings, and lived experiences of a party to multiple legal proceedings — including civil claims, safeguarding audits, and formal complaints. All references to professionals are strictly in their public roles and relate to conduct already raised in litigation. This is not a breach of privacy. It is the preservation of truth. Protected under Article 10 ECHR, Section 12 of the Human Rights Act (UK), and the First Amendment of the U.S. Constitution, alongside all applicable rights to freedom of expression, legal self-representation, and public interest disclosure. To mimic this format without licence is not homage. It is breach. We do not permit imitation. We preserve it as evidence. This is not a blog. It is a legal-aesthetic instrument. Filed with velvet contempt. Preserved for future litigation. Because evidence deserves elegance, retaliation deserves an archive, and writing is how I survive this pain. Attempts to silence or intimidate this author will be documented and filed in accordance with SWANK International Protocols — dual-jurisdiction evidentiary standards, registered under SWANK London Ltd (UK) and SWANK London LLC (USA). © 2025 SWANK London Ltd (UK) & SWANK London LLC (USA) All formatting, typographic, and structural rights reserved. Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.
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