My First and Last McCann Question.......?

Question

Why do the anti-McCann clan believe that the McCanns are going to be questioned by the Social Work Department when they return to the UK.
As I see it there can only be 3 possibilities
1]They are so embroilled in their anger they are totally blind to the fact that since there was no crime commited in the UK and therefore the SWD have absolutely no authority to question them at all!
2]They think a couple of thousand people signing a petition will in some magical way have an immediate change in the law thereby allowing the SWD to question them. Total fantacists, under European legislation this is an impossibility! Bear in mind the million+ who signed a petition to stop us going to war, very effective indeed!
3]They are hard of thinking! Believing that just because they want something to happen, then it will!I totally agree that the McCanns were wrong to leave there children unattended and I know almost all believe this but that won't change the law, no matter how much you want it to!

Wow some great points! Still won't change the UK law though, and Portugal are taking no action, or they wouldn't be allowed to leave.
Triptipper.."I only read half your question.." says it all really! No, I'm not a lawyer, I'm a social worker so have some idea of our powers! You can not be questioned in the UK about a crime committed in another EU country, especially if they have NOT been charged with a crime in that country
Ladybugs77 some excellent points
Missessex did you even read the question?

Janet totally agree, but I was being crime specific and I'm playing devil's advocate!

Charly, that applies to UK not Portugal!

Sarah, totally agree, but I suspect what you want and what you get will be 2 different things entirely!

The beauty spot/kumula.. totally agree but if wishes were horses we'd all be riding 1 !

Claire one belt, buy yourself a dictionary and look up Devil's Advocate

Rosie, I totally agree

rikster, if you learned to read, you'd realise I don't support them!

Answer 1

Well I dont think they will be questioned. I have signed the petition, but I dont think anything will happen, although I hope I am wrong of course.

Answer 2

Actually you are thinking of the police not being able to act on a crime that was commited abroad. If a social work department suspects abuse/neglect and they have evidence of this (i.e. parents out of the building their children are in and down the road a bit, whilst their oldest daughter disapears) then they can act on this. Also they have to look into complaints made by other members of the public, which I am pretty sure with a petition they might do. This works slightly differently to a petition against war.

And your 3rd point, there are laws in this country and in Portugal about leaving your children unattended whilst you go out drinking, its called neglect and if you havent heard of it, then perhaps you are a little hard of thinking.

Just a final point to add, you say this is your last mccann question, its not really a question more a statement

Thats funny, when I go and buy a dictionary why dont you look up the child protection laws in Portugal (in fact in any country) and learn a bit about the rubbish you spout

Answer 3

The Social Services are concerned with the welfare of children, not just the law. There does not need to be a crime committed for the Social Services to be involved. If it appears to them that a child is at risk then they have a duty to investigate. I used to work for a Social Services Dept and was involved in Place of Safety orders and care proceedings. They can remove a child immediately under a Place of Safety Order if they think the child is in danger. Or they can apply for an interim Care Order. These interim orders are for a limited time, I think a month, and give time for the Social Services to make enquiries and to decide what, if any, further action to take.

If they were aware that a child had been put in danger by parents on holiday they should make some enquiries. If parents refuse to cooperate with Social Services then this could be used as justification for applying for a Place of Safety or interim Care Order.

I've got no doubt that if the parents had been in the UK and had left their children in an apartment then at the very least some kind of enquiries would have been made. The fact is the McCanns were questioned by the police in Portugal about why they had left the children alone. It is illegal in Portugal to do this and in the UK it is alo illegal because although there is no specific age given it is unlawful to leave children in a manner likely to cause suffering or to expose them to danger.

Answer 4

they will be coming back to the uk and "looking after" 2 little children so the social services should make sure the McCanns are looking after those two children properly!

I believe they should be checked by the social services, not because they left the kids alone in potugal, but because they have 2 other children. and if they come back to the uk with their 2 children then action should be taken to ensure they look after the twins properly! i hope you understand what i am saying, - if they are in the uk with 2 kids, and they have a track record of leaving children on their own (every day that week until maddie was taken) then it's down to the uk social workers to make sure the twins are in good care.

i do know there is probably nothing they can do about them leaving the children in portugal but they can do something to make sure the twins are in safe hands!

X sarah X

EDIT: yes i agree it probably wont happen but thats what people hope when they sign the petition!

Answer 5

There was a secure creche available which they chose not to use, neither did they take advantage of Mark Warner's baby sitting service. On top of that, staff at the tapas bar have alleged that they did not leave the table once. I do not know the truth of this but it points to the fact that there are conflicting stories about the care that the children received.

On top of these questions (which the Portuguese are highly unlikely to publish whatever resolution they have reached because of their own laws) we are in the dark. However, many of us have not been impressed by the money making activities the McCanns have embarked upon and the tasteless use of ebay. Also, is it really necessary for Gerry McCann to publish his extraordinary blog.
Whatever the rights and wrongs, they have only themselves to blame for the eyebrows that are being raised.

Answer 6

Everyone is intitled to their opinions but I have to say I agree 100% with answer one. No matter how you look at it the McCanns brought this on themselves by leaving children alone in a strange building in the first place. I wonder would they have done that at home. The UK and Portugal could have the same rules about leaving children so small alone.

Answer 7

Hi I would like to say I am anti mccann but not anti maddy so I truly hope she is found safe and well also please lets not forget the twins as they have lost a sister and this will effect the rest of their lives I believe that social services will have to look at the case and the fact that so many people have signed a petition will surely do something or what else would you have people do I for one will respect their privacey but maddie will forever be in my heart

Answer 8

Under the Children Act, social services have a duty o investigate where they believe a child may be at risk, that includes abuse and neglect.
The McCanns neglected their children, and it needs to be determined whether or not they will do that when they are back in the UK. Social services need to become involved to ensure that the family are not allowed to put their other children at risk any more.

Answer 9

I am not sure in the US we have no rights concerning Social Services. They can just show up on a door step and investigate us. So lets say I decide to move to another state 2000 miles away. People in my area know me and know I leave my kids home alone all the time...one of those people call ss in the state I moved to..I guarentee the are going to be watching me. No I dont believe UK can convict them of anything because they broke this law in Portugal but......SS knows they neglected their children their so whos to say they wont do it when they get back home so they may very well investigate them, question neighbors, nannys etc to see if this happened before and well if it did they have a right to do their job because there are children in the home. No they probably cannot arrest them but I tell ya...I don't want social services watching my every move either. After this mornings article I dont t hink social service will do anything. They feel for the McCanns and what they are going through.

Answer 10

The law does not set a minimum age at which children can be left alone. However, it is an offence to leave a child alone when doing so puts him or her at risk. I think we safetly assume Maddy was at risk or do you disagree with that? A 3 year old child is always at risk when being left alone and I think the fact that Maddy was abducted proves that. So in my opinion they did commit an offence.

Okay Allen point taken so are you suggesting that in Portugal it is not an offence to leave young children alone even if they are at risk? Could you state your source for this information please?

Answer 11

I started to read through your question and stopped half way through. European legislation is inapplicable is it? Portugese legislation is inapplicable is it? Ok then jolly good my learned friend... I am taking it that you have not actually studied Law...?
Go away and embark upon some research of your own otherwise it probably is best that you do stay away!!!

Good day!
BTW There is not one petition but several petitions on the go - one of which is for the benefit of the Portugese authorities and one which has been started in Canada... so 1000 signatures you say.. I kind of think not!!
-------------------------
ADDITIONAL
A social worker .. yep as I said before.. no knowledge of the law.... I am studying for the Bar Vocational Course [BVC] so sorry you are incorrect and I have explained in previous posts precisely what the law is. My professors also agree, so I'm afraid that I would listen to their learned opinion over your own.