- To: Directorate General Justice, European Commission, Brussels
“Justice, Fundamental Rights, Discrimination, EU Citizenship”
- cc. – Paul Nemitz, Director – Fundamental Rights and Citizenship – European Commission
This is a direct reply to your letter, dated 6th June 2014.
In previous correspondence you advise that I maintain contact with you should the situation fail to improve. You suggest that I should reply to you “within four weeks of the date of this letter” if “there still is an infringement”.
I am writing to you now to confirm that there is still a serious infringement and, as a result, I wish you to continue investigating this case.
Quoting paragraph seven (5), line one (1) of your letter, I also wish to dispute your observation that my “problem has now been solved.”
I would like to argue that this is not and has never been the case. I would also like to provide information to evidence that there have been further infringements, suggesting that there have been insufficient consequences of your initial enquiry. Finally, I would like that enquiry to be continued and its efforts redoubled (on your part) so as to put an end to the mistreatment of a vulnerable individual (my mother) as a result of malpractice on the part of a civil authority within the Union (Ealing Council) towards a European Citizen.
While I understand that the European Commission is very busy with a multitude of cases from all over the Union, it is also paramount that justice, fundamental human rights and citizenship policies based on Europeans’ most cherished values and principles, such as democracy, freedom, tolerance and the rule of law are respected by all members.
After over 24 months of misery I feel that even suggesting that “the problem has been solved” is something of a disgrace. There are various reasons for this and I will explain them now. In order to do so, I would like to bring to your attention a simple analogy:
A child needs foster care and this is provided to him or her by a local authority within the EU. However, while in care the child is abused sexually and mentally. That abuse is noted and is investigated by all the relevant bodies including the EU Commission. After assessment, the Child is provided with new carers. The abuse has been solved in the first instance. New carers have been sent to replace the previous carers – but the child is till abused. This is allowed to happen because nothing has done to ensure that the new carers will not also be abusive. In this case the problem has only been avoided on paper, not solved in real life.
This is not unlike my mother’s situation. She has been moved from agency to agency by Ealing Council but five (5) care agencies and thirty five (35) carers have not been enough to resolve the problem. In this situation, your suggestion that the problem has “been solved” implies that the abuse itself and its lasting effects are not of any relevance to your moral and civil duties, so long as you receive a letter of apology from Ealing Council! You seem to believe that the problem has gone away simply because someone in the UK tells you that “a degree” of care is being provided.
My mother is not a child, but she is very vulnerable. The abuse she has suffered is of the same magnitude as it would be in a case of child abuse. The abuse has not stopped, was never resolved in the first place and is still ongoing.
Should I therefore assume that your office has taken note of abuse but has failed to deal with its source? Is this the Directorate-General’s attitude towards human rights abuse? Are human rights abuses really condoned by the Directorate-General of the EU Commission? If the Directorate-General condones the abuse of citizens of the Union then I ask you please to say so, now, in writing. If so, I will cease to bother you on this point. However, it is my reasonable assumption that this is not the case. I must therefore assume that it is your duty to take action against all instances of abuse which are brought to your attention, and to do so in a conclusive manner.
As the abuse which took place between April 2012 and May 2013 has never been fully investigated by your office, I must reemphasize that the problem has not been sufficiently or fully resolved. I must conclude that the case should not be closed until further investigations have taken place.
In your letter you ask to get in contact with you if there “is still an infringement.” Complying with your request, I have detailed some unresolved infringements below. These are divided into sections and one for past infringements that have not been fully dealt with and one for present infringements of which you are unaware.
It is clear from information that your inquiry has been largely ignored by Ealing Council.
Unresolved Past Infringements
Over the last two years Ealing Council Adult Social Services have ignored their responsibility to my mother’s fundamental human rights.
Not only have they appointed a series of appalling care providers, they have also persisted in adding unnecessary stress to the situation; for well over five months, their solicitors have continued to insist that my mother should be deported. As you will understand, this has placed tremendous emotional and financial pressure on the whole family. That has included the costs of legal and medical support in our argument with Ealing Council. Stress has also been incurred in the wake of a police enquiry into the racial abuse that my mother has suffered on the part of representatives of Ealing Council. That stress has led to the worsening of her condition. This has been identified by my legal representatives as a form of psychological bullying. The medical repercussions of this bullying are tantamount to torture; as such this process of intimidation has constituted a sustained and unresolved abuse of human rights on the part of Ealing Council.
My mother has had to endure continuing mental and physical abuse equivalent to examples drawn from the concentration camps.
Examples include times when my mother has been starved by her carers because they have been extremely late to their appointments, have failed to arrive at all or have been too preoccupied with other things to bother feeding my mother. Other examples have included times when insufficient care has been provided due to further negligence, during which my mother has fallen or otherwise hurt herself because of a carer’s lack of awareness. Indeed, there is a long list of negligence and malpractice on the parts of various carers (some thirty five (35) of them across four (4) care agencies, within a period of three (3) months.
All of this has been noted and complained about, yet there have been almost no repercussions. There have been numerous meetings but none of them have produced adequate results.
For some details of my original complaint you may wish to revisit my original email, addressed to Ms. Chiara Adamo on 31.01.2013.
It is my firm belief that Ealing Council need to be ‘accurately’ re-investigated.
Unresolved Present Infringements
My mother’s health has changed a great deal since 22nd May 2014. She is no longer able to perform any tasks on her own. We have been asking for further (more) assistance since June 8th. The carers we have been provided cannot cope any longer. They cannot finish their tasks. Ealing Council have been made well aware of this but they have failed to respond with anything helpful and have been delaying and ignoring our requests for help.
Furthermore, they have ignored the advice of medical professionals who have advised that the only humane answer lies in the provision of a carer who can work with my mother on a twenty-four-seven basis (24/7).
Due to the lack of appropriate care provision by Ealing Council we have had to call the emergency services regularly and ambulances have been sent to my mother as many as six (6) times out of ten (10) days. Not only has my mother suffered because of this – this is also a huge waste of time and money for the NHS. Each time an ambulance has been dispatched to help my mother, there has been one less ambulance available for other service users. Despite my complaints, this has also been ignored by Ealing Council. This is a clear instance of negligence as both my mother’s and the wider public’s needs are being ignored by Ealing Council.
Ealing Council have failed to respond to requests from a GP, from professional nurses, from care agencies and from health specialists, all of whom have indicated that the care provided to my mother is severely substandard. Simply put – we are all being ignored by Ealing Council.
This ignorance constitutes a continued infringement and I feel – absolutely – that it merits further investigation. I must remind you that, in the professional environment, this ignorance constitutes malpractice and, because it concerns the care provided to a vulnerable person, it is tantamount to an abuse of human rights.
I must reiterate that things have not improved. My mother is still suffering and it is still the fault of Ealing Council.
Request for Additional Information
In addition to my documentation of the unresolved infringements (discussed above), I would like to request additional information from your office. I feel that it is important that I remain well informed as this information may be of use to my case here in the UK.
Initial enquiries were opened in January and February 2013 but there was no formal acknowledgement of my mother’s ongoing suffering until May 2013. Furthermore, it was then agreed that a response was due from the UK authorities by August 2013. Yet nothing was done until May 2014. I would like to know why it took the relevant authorities more than three (3) months to accept that there was a problem with the care provided to my mother, and I would like to know why there were little to no repercussions when the UK authorities failed to deliver a response within the given time.
Would you kindly be able to answer this question, please: Why have I never been shown any of the correspondence between the EU Commission and the UK authorities?
In addition, I would like to request a copy of the information supplied to you by the UK authorities and/or Ealing Council.
Returning to my main point – it is obvious that Ealing Council have not acted to improve the situation.
It is utterly wrong in any situation involving abuse to say that Ealing Council should not be considered responsible for all the heartache as well as the mental and physical duress that my mother and I have had to go through, just because they have written to you to say that “some sort of care” has been provided. “Some sort of care” was indeed provided, but it was provided alongside fundamentally damaging instances of malpractice.
It is for this reason that I am contacting you again, to ask that you continue and strengthen your investigation.
I made many complaints about Ealing Council between April 2012 and October 2013. This side of the matter has partially been addressed, some eighteen (18) months later by the local Ombudsman. They are also stating that there have been serious failures in the services provided. Moving forward, the issue that the Directorate-General should be concerned with, is that the Lisbon Treaty and other European Legislations should correctly be interpreted and applied to all Citizens with a view to the improvement of the everyday lives of citizens in the EU.
Ealing Council have been in breach of their duties, they have acted with arrogance and impunity, and they have ignored their requirements to work within the proper parameters of legislation. In their self interested ignorance and arrogance, they have brought serious harm to an elderly woman and to members of the same family, all of whom are Citizens of the EU.
Furthermore, by putting aside my original complaint, the Directorate-General risks the creation of a precedent in which the British authorities are allowed to discriminate at will against the Citizens of any Member State.
Once again, therefore, I kindly ask your office to reconsider your position on this case. I ask that you please implement and act upon the founding principles of the union you represent and that you come to the defend the human rights of my mother, an elderly citizen of the EU.
Please do not close this case. Instead, request further information from and apply further pressure to the UK authorities. Please consider this of the utmost importance. This is a human rights case and it cannot be ignored.
A B M Procaccini