Here is a British essay that places the blame squarely on what I call the BIOTCh:
For the past week, the British public has watched in horror as the British state tore a dying child from his family. On Saturday, Brett and Naghmeh King were arrested for removing their son Ashya, who has a brain tumour, from Southampton General Hospital and fleeing abroad. Only today are the family set to be reunited. For decades, defenders of the legal framework around children have boasted of its abilities to manage a child’s ‘best interests’. Yet on Saturday afternoon, a five-year-old child with a brain tumour was removed from the only people with whom he is familiar and thrust into an alien environment while his parents were locked in prison. Whatever the eventual outcome of this case, we can say with certainty that no legal system which claims to be concerned with the ‘interests of the child’ should have allowed this to happen.Both the British and American CPS are the enemies of good parents.
While the decision-making processes of the Crown Prosecution Service (CPS) and Hampshire police will no doubt be analysed in minute detail in the coming weeks, with statement after statement delivered to explain why certain decisions were made and who will be held accountable, it is important to remember that no one person or organisation can be held solely responsible. Rather, what happened was the logical climax of a series of trends in criminal and family law, which have disregarded the authority and autonomy of parents in favour of official intervention at any cost.
Yesterday, the CPS finally withdrew the European arrest warrants which had been issued for the Kings. It said in a statement that ‘the necessary element of wilful neglect to support a charge of child cruelty had not been made out’. While the CPS was discovering that its original case for the warrants was complete nonsense, the Kings had been arrested and detained in Spain and Ashya had been taken into protective custody. He had already been made a permanent ward of the court the day after he was taken from hospital, meaning, effectively, that his parents had already lost all of their rights to care for him. ...
When Ashya’s parents struck out and asserted their own judgement over that of the state, they offended a core value at the heart of both government and the child-protection industry: that the state knows what’s best for kids. For the government, and those involved in advocating greater child protection, the rights of parents are often treated as mere legal obstacles to be overcome in the process of intervention.
What is needed following the Ashya King case is a fundamental shift in culture away from assuming the worst about parents. If anyone deserves the blame for what happened to the Kings, it is the interventionist politicians and child-advocacy groups, which consistently encourage state bodies to ignore the judgement of parents. We should stop assuming that any act of defiance against state intrusion in favour of parental judgement is an act of neglect. We should learn from the Kings’ example that often such defiance can demonstrate compassion, love and an unapologetic commitment to a child’s welfare.