⟡ The Fictional Care Plan and the Constitutional Farce:When TCI’s Social Services Invent Obligations But Not Explanations ⟡
A Letter So Polite It Bleeds — Re: The Three-Year Refusal to Produce a Single Piece of Paper
Filed: 9 November 2020
Reference Code: TCI-FCHAMBERS-REBUKE-NOV2020
Court File Name: 2020-11-09_LegalDefence_TCIResponse_SocialDevelopmentDisclosureDelay.pdf
Summary: Legal representatives for Polly Chromatic formally contest three years of administrative silence, false allegations of non-compliance, and one ghostly “Care Plan” that never existed — all under the guise of safeguarding.
I. What Happened
In response to a letter dated 11 September 2020 from the Department of Social Development in Turks and Caicos — which falsely accused Polly Chromatic of non-engagement — attorneys F Chambers issued a formal five-point rebuttal on her behalf.
The complaint was not only false, it was deeply ironic: the department had failed to respond for three years, despite Polly’s numerous inquiries and consistent effort to cooperate. The mysterious “Care Plan” from August 2019? Never sent. Never received. Never real.
The result: legal action was the only way to provoke a single sentence of institutional response.
II. What the Letter Establishes
Polly Chromatic received her first meaningful reply only after hiring legal counsel — following three years of institutional silence.
The Department’s claim of “non-compliance” was based on a phantom Care Plan, never shared with the parent.
The children had reportedly been declared “in good health” — making the Care Plan, even if it had existed, logically and legally incoherent.
No documentation of complaints, reports, or allegations was ever provided to Polly in violation of constitutional and procedural rights.
This misuse of process has caused prolonged disruption and confusion to a law-abiding family.
III. Why SWANK Logged It
Because when a department cannot produce the documents it references, the parent is not “non-compliant” — the institution is non-existent.
Because one does not owe deference to fictional plans.
Because Polly Chromatic was dragged through a Kafkaesque safeguarding procedure without a single copy of the script.
Because safeguarding is not a ritual — it is a statutory duty.
And this department failed it spectacularly, repeatedly, and without paper.
IV. Violations
Turks and Caicos Islands Constitution Order 2011 – Due process, right to know charges or complaints
Natural Justice Principles – Right to be heard, right to information
Safeguarding Law – Misuse of planning mechanisms, lack of lawful notice
UN Convention on the Rights of the Child – Article 3 (Best Interests), Article 16 (Privacy), Article 9 (Right to Family Unity)
Professional Conduct for Government Social Work – Transparency, timeliness, and procedural fairness
V. SWANK’s Position
This letter marks the beginning of formal legal resistance to what can only be described as a safeguarding pantomime with no script, no evidence, and no legal basis.
The Department fabricated a narrative of negligence while simultaneously denying the parent any access to the record.
They claimed concern for the child, yet provided no documentation to the child’s mother — only silence and suspicion.
This is not safeguarding. This is postcolonial administrative theatre — where compliance is demanded, but information is withheld.
We file what they pretend never existed.
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