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Government lawyer admits 'below standard' conduct in Shoesmith litigation

The head of the government’s in-house legal team has apologised for errors in the way they defended their position in the case brought by social worker Sharon Shoesmith against her sacking over the Baby P affair.

Paul Jenkins, the Treasury solicitor, has written to Foskett J scolding his team for errors made in preparation for the judicial review.

 

In a letter made public this week, Jenkins writes: “It is clear that the handling of the case did not meet the high standards that are expected of those entrusted with the conduct of litigation on behalf of the government and for this… I apologise.”

The failings concern missing documents, deleted emails and neglecting to mention the relevance of an inspector’s notebook to Mrs Shoesmith’s lawyers.

The Haringey Council head lodged the judicial review after the then children’s secretary Ed Balls called for her to be sacked following the death of 17-month-old Peter Connelly.

The letters, regarding a report prepared by Philip Havers QC, do not name the lawyers involved, but describe a chaotic handling of the casework by two TSol staff, one of whom left halfway through the case, as well as two junior counsel.

One crucial letter from Mrs Shoesmith’s lawyers is described as going missing “somewhere in the TSol building”, while information contained in a notebook was ignored because “it was handwritten in note form and not clear what it was referring to”.

Apologising for the failures outlined by Havers, Jenkins adds: “The report highlights failings in my department and that is obviously a matter of concern to me… I am not satisfied with what Mr Havers’ report reveals about the way in which this case was handled within the litigation group in my department.

 

“Since this case, changes have been made to the organisation and management of the particular team in which the case was handled. Furthermore…active consideration is being given as to what follow up action is appropriate.”

Earlier this week, the General Medical Council (GMC) heard allegations that a doctor who treated Peter Connelly missed vital signs of neglect.

The Fitness to Practise Panel is considering allegations that Dr Jerome Ilwueke failed to pick up on signs of child abuse eight days before the 17-month-old boy died.

The panel heard that the GP, who treated the child on several occasions, failed to notice bruising and other injuries during 2007 consultations.

It is also alleged that, although the child appeared to show “markedly changed behaviour” during later consultations, in which Peter seemed withdrawn and pulled away from Dr Ikwueke, the GP did not investigate further.

The GMC, represented by Jeremy Donne QC of QEB Hollis Whiteman Chambers, alleged: “Dr Jerome Ikwueke, a general practitioner, failed to consider or investigate the possibility of child abuse or neglect, or to refer the child for urgent paediatric assessment, or share the information with other appropriate professionals, or make an adequate medical record.”

It is also alleged that when social services requested a report on the child and his family, Dr Ikwueke, 63, did not reply to the request.

The panel heard that his conduct was “not in the best interests” of his patient, was below the standard expected of a reasonably competent general practitioner and was a serious breach of his professional duty towards the child.

The hearing, which is expected to last five weeks, continues.

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