Mother ordered to return child to different country from where he was removed

Well this is an unusual one. I don’t recall ever previously hearing of a Hague Convention child abduction case in which the court ordered the return of the child to a different country to the one from where they were removed. But that is exactly what happened in the recent High Court case S v D (Hague Convention: Domestic Abuse: Undertakings: Return to Third State).

The facts of the case were that the parents were both Hungarian nationals. They were married, and had one child, a boy aged 4 years 3 months. In early 2017 the family moved from Hungary to Germany. Thereafter, the marriage broke down and the parents separated in March 2018, when they travelled from Germany to Hungary for a short holiday, and after a few days the father returned to Germany. Shortly thereafter the mother and the child travelled to England. The mother did not return the child, and the father made an application under the Hague Convention for him to be summarily returned to Hungary.

The mother opposed the application, on the grounds that there was a grave risk that the return of the child would expose him to physical or psychological harm.

The application went before Mr Justice Cobb.

He was satisfied that the removal of the child from Germany in March 2018 was wrongful and in breach of the father’s rights of custody (this was not in issue). He said that the evidence was inconsistent with the mother’s case that the father knew that she was intending to travel to England, certainly on a permanent basis, but even if he was wrong about wrongful removal, he was absolutely satisfied that the retention was wrongful – there was no evidence that the father agreed to a permanent relocation, and it was not said that he acquiesced in the same.

Turning to the mother’s ‘harm’ defence, Mr Justice Cobb was satisfied that the father had displayed violence to her, both historically and recently. However, he was also satisfied by the various undertakings offered by the father, including to pay for the mother to return to Hungary with the child, not to assault, harass, threaten, or molest the mother or the child, not to remove the child from the care and control of the mother save for the purposes of any agreed contact, and to provide as soon as possible for the mother a two-bedroomed apartment in the city in Hungary where the father lives. These undertakings were sufficient to protect the mother and child from harm.

Accordingly, Mr Justice Cobb was prepared to order the return of the child, and he did so, after receiving the undertakings in written form, signed by the father.

As to the ‘different country’ point, he said:

“…this case has been … rendered the more unusual by the fact that the applicant seeks the return of [the child] to a ‘third state’. I dispose of this aspect now. [Counsel for the mother] submits that it would be “exceptional” for a court to order a ‘return’ to a third state. I am loath to use the word ‘exceptional’ because to do so would be to overstate the position; further, ‘exceptional’ is one of those words which once used tends to acquire quasi-statutory authority in a wholly unintended way. For my part, I would be prepared to accept that it will be an unusual case where the court will order a return to a third state, but it is in principle unobjectionable, and each case will be fact-sensitive. As it is, the mother would, it seems to me be more greatly disadvantaged in the return order being made to Germany – a country where, she says, she never wanted to live. At least in Hungary she has family and some support.”

All of which seems to me to be eminently sensible. Apart from any disadvantage to the mother in being made to return to Germany, it seems quite clear on the facts of the case that Hungary is the child’s true ‘home’ country, and that it is the courts of that country that should make any necessary decisions as to his long-term future.

You can read the full judgment here.

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Author: John Bolch

Family Mediation Week: Finding a new resolution to family break up

Family mediation offers clients a smarter and more dignified way to resolve family disputes as opposed to the traditional solicitor led and court route approach.

It is an opportunity for parties to meet with an impartial third-party: the mediator who will give pragmatic guidance and legal information to help them reach their own resolutions. This is known as ‘assisted negotiation’.

When separating couples are at a point of crisis the first point of call will be to seek legal advice from a family solicitor and in many cases, the issues can only be resolved via legal intervention. This however, is not the only option available, mediation can be a better alternative when it is assessed as a suitable forum by the mediator.

Benefits of family mediation

By choosing mediation the parties can:

  • Explore all issues arising out of their relationship break up in complete confidence
  • Be impartially informed about and evaluate possible choices
  • Find common ground
  • Work at a pace agreed and controlled by them
  • Work at their own negotiated agenda
  • Find compromise solutions
  • Agree to disagree but reach partial understandings
  • Look forward without judgements about the past
  • Gain understanding, trust and work on better communication
  • Model a co-operative future relationship and not further conflict
  • Think together about their children’s needs and future well-being
  • Work to find comprehensive solutions to all issues including finance, property and children’s arrangements

In addition, mediation reduces financial costs and limits the stress and anxiety that the parties will experience during the relationship break up.

Research studies have shown that family disputes resolved via mediation are less acrimonious than those that are settled through the court system. Furthermore, decisions made by the parties in mediation are more likely to be kept as opposed to court-imposed orders.

Mediation works best when supported by expert family solicitors who should ideally, be instructed from the outset of the mediation process to advise and assist the parties throughout.

When agreements are reached in mediation, if considered necessary these can be converted into legal binding orders by consent with the help of the parties’ solicitors.

Meet the mediators

I strongly support the use of mediation when managing a relationship breakdown, and I am an Accredited Family Mediator.  My contact details are below along with the other mediators in our team:

 

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Author: Sushma Kotecha

Leap Seconds

Plot showing the difference UT1−UTC in seconds. Vertical segments correspond to leap seconds. Red part of graph was prediction (future values) at the time the file was made.

Time keeps on slippin’

There’s no easy way to say this, so I’m just going to put it out there: the Earth rotates at the wrong speed. Or, rather, it usually does. You may think it takes 24 hours to go around once, but sometimes it takes about 2 milliseconds more. To be fair, the planet’s speed has been reasonably consistent for most of the past 20 years, but for many years prior to that, it was consistently behind. Scientists believe that in the future, it will revert to its old ways, and probably even get worse. Although 2 milliseconds a day doesn’t sound like much, it adds up to about a second every year and a half. Which means that, eventually, the world’s most accurate clocks get noticeably out of sync with the observed rotation of the planet. The solution, for several decades, has been to add “leap seconds” as necessary to our official time standards so that they match what the planet is doing—although this procedure has some problems of its own.

In a way, this is all a question of how you define words like “second” and “wrong.” When it comes to timekeeping, things are seldom as they appear.

Just a Second…

For starters, how long is a second? Obviously, it’s 1/60 of a minute, which is 1/60 of an hour, which is in turn 1/24 of a day—in other words, a second is 1/86,400 of a day. Or is it? Well, it used to be. One can determine when exactly one day has elapsed by looking at the sky, but this means that all the smaller time segments could be known only after some division; they didn’t have any real meaning on their own. And the precise astronomical observations needed to determine just when a day has elapsed were rather inconvenient for most scientists, let alone the rest of us. More importantly, astronomers have known since the late 18th century that the speed of the Earth’s rotation is not constant—so calculating seconds, minutes, and hours strictly as fractions of a day means that each of those units could have a slightly different value every day.

However, the development of atomic clocks in the 1940s and 1950s changed all that. Atomic clocks work by counting the vibrations of certain atoms, which are invariant, theoretically, forever. So in 1967, the International System of Units (SI) defined the second as 9,192,631,770 vibrations of the Cesium-133 atom. Interestingly, they did not arrive at that figure by counting the number of vibrations in 1/86,400 of a day. Instead, they based it on something called ephemeris time, in which hours, minutes, and seconds are derived not from the rotation of the Earth, but from its revolution around the sun. That speed, too, varies; scientists chose the length of the ephemeris second in 1900 as their arbitrary standard. As later research revealed, the last time a day (by ordinary, solar reckoning) was exactly 86,400 SI seconds long was in 1820. So the length of a second, as measured by the Earth’s rotation, suddenly became “wrong” according to the new definition of second.

No Time Like the Present

We did, however, finally have a nice, consistent standard that was readily measurable on its own terms without astronomical observations. But the Earth apparently didn’t get the message that it was supposed to conform to this new standard, and its rotation kept slowing, ever so slightly, with each passing year. In 1972, Coordinated Universal Time (which, for complicated reasons, goes by the initials UTC rather than CUT) was adopted as the new international standard, based on measurements from atomic clocks. (An aside: even atomic clocks don’t always agree with each other; the official universal standard is based on the average times from about 250 atomic clocks.) But astronomers still needed a timekeeping system that matched what they observed—irregularities and all.

To deal with the mismatch between UTC and astronomical time, the scientists charged with maintaining UTC decided that whenever that difference approached ±0.9 seconds, a “leap second” would be added to or subtracted from UTC as a correction—in other words, an occasional 61- or 59-second minute. Between 1972 and 1998, 22 such seconds were added. But then, for reasons that are not entirely clear, the planet decided to stick to an 86,400-second-a-day rotation for a while, and no leap seconds were needed from 1999 through 2004. From 2005 through 2018, only five leap seconds have been added—so, about one every three years on average. But historical data shows that the Earth has a habit of changing its rotational speed quite frequently, and the trend over many centuries has clearly been a gradual slowing. So most experts believe that the need for leap seconds will never entirely disappear.

Take a Leap

On the other hand, quite a few people are fed up with the whole notion of leap seconds for reasons both philosophical and practical. For one thing, a lot of the world’s clocks and computer systems were not designed to handle leap seconds elegantly. This is not usually a big deal, but sometimes, the difference of a second means everything—in financial transactions, for example, where the prices of stock, currency, or whatnot can change instantly. More importantly, if the planet’s rotation continues to slow at its historical rate, leap seconds will eventually be needed more and more often. In as little as a few years, the increased disparity between UTC and other timekeeping standards could cause serious problems, including potential failure of the GPS system and other navigational tools. And on a much longer time scale—say, 50,000 years—the Earth’s rotation could take 86,401 SI seconds each day, meaning we’d need to add a leap second every single day, or else redefine “second” to support the facts.

So one proposal currently being considered by the world’s standards committees is simply to stick with UTC but abandon the use of leap seconds altogether. That sounds easy enough, but there are some drawbacks. Doing so would make astronomers’ work harder and require that they invest a lot of money in upgrading their equipment. As for the rest of us, we’d simply live with the small difference between astronomical time and atomic time until it accumulated to 60 minutes—at which point we would simply add a “leap hour,” just as most of us do once a year at the end of Daylight Saving Time. The first such hour wouldn’t happen for more than four centuries, at which point it would be someone else’s problem to worry about.

Until the world’s timekeeping experts get this all sorted out—which may be never—the International Earth Rotation and Reference Systems Service carefully measures the speed of the Earth’s rotation, issuing periodic bulletins as to whether we need to add another leap second at the end of the following June or December. If and when the next leap second occurs, you probably won’t notice. But many millennia in the future, your descendants may finally get 25-hour days.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on April 29, 2005.

Image credit: Tomia/Gordon P. Hemsley/RP88 [Public domain], via Wikimedia Commons


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Author: Joe Kissell

National Peanut Butter Day

Peanut butter in a jar

Although people have been roasting and grinding up peanuts for millennia, it wasn’t until the late 19th century that Marcus Gilmore Edson invented a way to make a paste by milling roasted peanuts. Various other inventors made substantial contributions to the development of peanut butter over the following few decades. In 1922, one Joseph Rosefield figured out how to homogenize peanut butter so that the oil didn’t separate, and his process led to the commercial success of such brands as Peter Pan (my personal favorite to this day) and Skippy. Jif didn’t come along until 1958, and don’t even get me started on GIF. I understand that peanut butter fans can be quite particular about their preferred formulation (homogenized or not, sweetened or not, smooth or chunky, etc.). Today, enjoy peanut butter in whatever form makes you happiest!

Image credit: PiccoloNamek at English Wikipedia [CC BY-SA 3.0]


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Author: Joe Kissell

Our Trip to the ER

Today I had planned on writing about and sharing about our family’s 3 day trip, after we got home late last night.

But the universe had other plans.

My sons were fighting, and in the process a heavy metal door slammed open, crushing my 9 year old son, Ike’s, finger between the door and a cement wall. It was bleeding and looked so horrible and I knew it needed immediate medical attention.


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Author: Penniless Parenting

How to Look More Fabulous Even On A Tight Budget

If looking fabulous and stylish is important to you, here’s some suggestions from a reader how to do that without breaking the budget.

The year started on a high note. The only downside is the financial crisis that has hit everyone’s pockets. Living on a budget is not easy, but you don’t have to look poor while at it. You can wear cheap clothes, shoes and accessories, but still look fabulous.


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Author: Penniless Parenting

Family Mediation Week Day 3: Useful reading material

Day three of Family Mediation Week focuses on the children and child-inclusive mediation, which has already been mentioned by us earlier this week and allows the children to have a voice in the mediation process, and also explains how mediation can help deal with the financial issues.

There is a lot of very useful material available at the website. 

This includes an article by Bill Hewlett “so why should children be included in mediation”, explaining why giving children a voice in the mediation process can be so important, especially for them.

Also featured is an article by the Chair of the Family Mediators Association, Philippa Johnson, emphasising the importance of prioritising the children and communication.

Marcia Mediation explains what mediation is about and how it can be paid for, not just in relation to children but also in relation to the finances as well.

Resolving the financial issues following separation or divorce in mediation is no different from resolving the financial issues through court proceedings.

It is a two-stage process:

Finding out exactly what there is in the way of assets, property, liabilities, pensions and income.
Dividing those fairly, taking into account all the relevant circumstances of each and every case; no circumstances are ever the same.

As we have explained before during the course of Family Mediation Week, mediation can be far quicker, far cheaper and gives those involved in the mediation process an opportunity to be at the forefront of framing an agreement, rather than a judge dictating what the solution is going to be.

Finally, there is a useful article warning of the pitfalls which can undermine resolving matters easily and quickly.

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Author: Graham Coy

Tales and myths of a common law marriage

Nearly half of people in England and Wales believe that unmarried couples living together have the same rights and obligations as couples who are legally married or who have entered into a civil partnership.

This could not be further from the truth. In fact, common law marriage is a complete myth.

Research just undertaken by the University of Exeter and the National Centre for Social Research, shows that 46% of those asked, believe that unmarried couples living together (cohabiting couples) were part of a common law marriage and, as a result, had equal protection to married couples in the event of their relationship breaking down.

Cohabitation does not provide any legal status to a couple living together.

At the same time, cohabiting couples now account for the fastest growing household in England and Wales.  The number of opposite sex cohabiting couple families with dependent children has almost doubled in the last decade and nearly 50% of children are born to parents who are not married.

The difference between cohabiting couples and couples who are married or in a civil partnership could not be more significant.

In the event of a couple living together but not married or in a civil partnership, separating, the result is often, according to the University of Exeter, severe financial hardship for the more vulnerable financially weaker party.

For example, there is no right to claim maintenance, there is no ability to share pensions and there is no ability to share property unless that property is jointly owned.

The University of Exeter concludes by saying “it is absolutely critical that we raise awareness of the difference between cohabitation, civil partnership and marriage and any differences and rights that come with each.”

This is not a new issue.

Previous governments have been advised by the Law Commission, an independent body which advises governments on the need for law reform, that they needed to act.  The Law Commission even drafted a Bill to go before parliament.  Some limited protection was put in place in Scotland but not in England and Wales.

The need for reform and change could not be more urgent.

In the meantime, we can offer some practical advice.

If you are thinking of living with someone and not getting married, or if you already are living with someone, consider entering into a “living together agreement” and also consider whether any documents should be drawn up in relation to any property which you may own, for example setting out your rights in relation to that property, when it could be sold and what happens on sale.

If, on the other hand, you are thinking of separating from your partner, or already have, don’t give up.  If you have children, there are certainly ways of obtaining financial support for them, including the provision of a home, and it may be that even if the property is in the name of your partner, you may still have certain rights in relation to it.

At Stowe we have a number of solicitors, including myself, who specialise in cohabitation, please do contact us at the details below.

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Author: Graham Coy

Do I need to make a will?

I am often asked “do I need to make a will” and of course the answer I give varies depending on who is asking the question.

As a solicitor specialising in wills and probate, I am sure that I should answer the question with an emphatic “of course you should”, but everyone’s circumstances and wishes will differ and there are those rare cases when a will may not be required.

I think what people should ask themselves is “what would happen if I died without making a will?”

I have detailed below some key points to consider:

Registering the death and arranging the funeral

Believe it or not, this is where an estimated 18% of family feuds following the death of a loved one occur.  There can be initial uncertainty as to whether you wanted to be buried or cremated, and this can be distressing to family members with whom you may not have had this conversation during your lifetime.

If there are arguments, it can delay the funeral as funeral directors are increasingly afraid to release the body until an agreement has been reached.

Who is the rightful “next of kin” and how do you prove it in the first few days after death?

It is much simpler to state in a will who you would want to appoint as an Executor to deal with the administration of your estate and what your funeral wishes are rather than try to provide documentation to prove you are the next of kin.

Dealing with financial Institutions and insurance companies

We all know that with data protection legislation in place it can be quite difficult to contact companies to speak about your own affairs, without having to answer multiple questions and passwords to confirm your identity.

Imagine what that may be like trying to speak about your loved one’s affairs with the institutions refusing to deal with you unless you can prove why you have the authority to deal with the estate.

An Executor under a will has the authority to act from the date of death and can prove this by providing the death certificate and will.  If there is no will, the person who wishes to deal with the administration of the Estate must make an application to the Court/Probate Registry to be appointed.

This can take many weeks, even months, and again may lead to disputes, especially if more than one family member has an equal right to apply.  Surely it is easier to appoint an Executor in a will?

Without a will, who would inherit my estate?

If you don’t have a will, the distribution of your Estate is governed by a set of rules referred to as the Intestacy Rules.  Under these rules, only your spouse or civil partner and other close family members may inherit your Estate depending upon its value.  The list is a hierarchy with preference given to family members who are more closely related.  It does not matter whether you are separated or getting divorced from your spouse or civil partner, they are still entitled to a share of your Estate.

Not all parents wish to make an equal provision for their children on death.  You may already have made lifetime gifts to one child and wish to equalise matters between your children on death.  One child may have additional needs, or your children may be under the age of 18 years old.  Who would look after them and be appointed as guardian?  Do you want them to inherit at 18? What if you do not see your children and do not wish to leave them anything?

The Intestacy Rules should not be a substitute for putting careful thought into making a will that is right for your unique circumstances. We are lucky in England to have testamentary freedom, which is not available in many European countries.  Testamentary freedom being the ability to leave our assets to whomever we like.

So, the question I ask you now is, do you want peace of mind that you have set out your wishes following your death?  Do you need to make a will?

If you need to make a will please contact me, Wendy Scarr at the contact details below.

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Author: Wendy Scarr

We Need New Ways of Treating Depression

We Need New Ways of Treating Depression

As the 21st century was beginning, a South African psychiatrist named Derek Summerfield happened to be in Cambodia conducting some research on the psychological effects of unexploded land mines — at a time when chemical antidepressants were first being marketed in the country.

The local doctors didn’t know much about these drugs, so they asked Summerfield to explain them. When he finished, they explained that they didn’t need these new chemicals — because they already had antidepressants. Puzzled, Summerfield asked them to explain, expecting that they were going to tell him about some local herbal remedy. Instead, they told him about something quite different.

The doctors told Summerfield a story about a farmer they had treated. He worked in the water-logged rice fields, and one day he stepped on a land mine and his leg was blasted off. He was fitted with an artificial limb, and in time he went back to work. But it’s very painful to work when your artificial limb is underwater, and returning to the scene of his trauma must have made him highly anxious. The farmer became deeply depressed.

So the doctors and his neighbors sat with this man and talked through his life and his troubles. They realized that even with his new artificial limb, his old job — working in the paddies — was just too difficult, that he was constantly stressed and in physical pain, and that these things combined to make him want to just stop living. His interlocutors had an idea.

They suggested that he work as a dairy farmer, a job that would place less painful stress on his false leg and produce fewer disturbing memories. They believed he was perfectly capable of making the switch. So they bought him a cow. In the months and years that followed, his life changed. His depression, once profound, lifted. The Cambodian doctors told Summerfield: “You see, doctor, the cow was an analgesic, and antidepressant.”

In time, I came to believe that this little scene in Southeast Asia, which at first sounds just idiosyncratic, deeply “foreign,” in fact represents in a distilled form a shift in perspective that many of us need to make if we are going to make progress in tackling the epidemic of depression, anxiety, and despair spreading like a thick tar across our culture.

It’s not just about brain chemistry

For more than 30 years, we have collectively told one primary story about depression and anxiety. When I was a teenager and I went to my doctor and explained I felt distress was pouring out of me uncontrollably, like a foul smell, he told me a story.

The doctor said that depression is caused by the spontaneous lack of a chemical in the brain called serotonin, and I simply needed to take some drugs to get my serotonin levels up to a normal level. A few days before I wrote this piece, a young friend of one of my nephews, who was not much older than I was when I was first diagnosed, went to his doctor and asked for help with his depression. His doctor told him he had a problem with dopamine in his brain. In 20 years, all that has shifted is the name of the chemical.

I believed and preached versions of this story for more than a decade. But when I began to research the causes of depression and anxiety for my new book, Lost Connections, I was startled to find leading scientific organizations saying this approach was based on a misreading of the science. There are real biological factors that contribute to depression, but they are very far from being the whole story.

The World Health Organization, the leading medical body in the world, explained in 2011: “Mental health is produced socially: The presence or absence of mental health is above all a social indicator and therefore requires social, as well as individual, solutions.” The United Nations’ special rapporteur on the right to health, Dr. Dainius Pūras — one of the leading experts in the world on mental health — explained last April that “the dominant biomedical narrative of depression” is based on “biased and selective use of research outcomes.”

“Regrettably, recent decades have been marked with excessive medicalization of mental health and the overuse of biomedical interventions, including in the treatment of depression and suicide prevention,” he said. While there is a role for medications, he added, we need to stop using them “to address issues which are closely related to social problems.”

I was initially bemused by statements like this: They were contrary to everything I had been told. So I spent three years interviewing the leading scientists in the world on these questions, to try to understand what is really going on in places where despair in our culture is worst, from Cleveland to Sao Paulo, and where the incidence of despair is lowest, including Amish communities. I traveled 40,000 miles and drilled into the deepest causes of our collective depression.

I learned there is broad agreement among scientists that there are three kinds of causes of depression and anxiety, and all three play out, to differing degrees, in all depressed and anxious people. The causes are: biological (like your genes), psychological (how you think about yourself), and social (the wider ways in which we live together). Very few people dispute this. But when it comes to communicating with the public, and offering help, psychological solutions have been increasingly neglected, and environmental solutions have been almost totally ignored.

The hotly contested studies of chemical antidepressants

Instead, we focus on the biology. We offer, and are offered, drugs as the first, and often last, recourse. This approach is only having modest results. When I took chemical antidepressants, after a brief burst of relief, I remained depressed, and I thought there was something wrong with me.I learned in my research that many researchers have examined the data on antidepressants and come to very different conclusions about their effectiveness. But it’s hard not to conclude, looking at the evidence as a whole, that they are at best a partial solution.

Depression is often measured by something called the Hamilton Depression Rating Scale, a 17-item test administered by clinicians, where a score of zero means you show no symptoms of the disorder and a score of 52 would indicate an absolutely debilitating episode.

The studies that most strongly support chemical antidepressants found that some 37 percent of people taking them experience a significant shift in their Hamilton scores amounting to a full remission in their symptoms. When therapy and other interventions were added in addition to or in place of these drugs — in treatment-resistant cases — remission rates went higher.

Yet other scholars, looking at the exact same data set, noticed that over the long term, fewer than 10 percent of the patients in the study — who were, incidentally, receiving more support than the average depressed American would receive from their doctor — experienced complete remission that lasted as long as a year. When I read this, I noticed to my surprise that it fit very closely with my own experience: I had a big initial boost, but eventually the depression came back. I thought I was weird for sinking back into depression despite taking these drugs, but it turns out I was quite normal.

Steve Ilardi, a professor of psychology at the University of Kansas, summarizes the research on chemical antidepressants this way, via email: “Only about 50 percent of depressed individuals experience an initial positive response to antidepressants (and only about 30 percent achieve full remission). Of all of those depressed individuals who take an antidepressant, only a small subset — estimated between 5 and 20 percent — will experience complete and enduring remission.” In other words: The drugs give some relief, and therefore have real value, but for a big majority, they aren’t enough.

Irving Kirsch, a professor of psychology who now teaches at Harvard Medical School, was initially a supporter of chemical antidepressants – but then he began to analyze this data, especially the data the drug companies had tried to keep hidden from the public. His research concluded that chemical antidepressants give you a boost, above the placebo effect, of 1.8 points on average on the Hamilton scale. This is less than a third of the boost that you get, by some estimates, from improving your sleep patterns.

(Kirsch points out that a study recently released in The Lancet, to much media coverage, confirmed what we already knew and everyone already agreed on: that chemical antidepressants have more effect than a placebo. The more important questions are: by how much, for how long?)

And even people less skeptical than Kirsch point to this inconvenient fact: Although antidepressant prescriptions have increased 500 percent since the 1980s, there has been no discernible decrease in society-wide depression rates. There’s clearly something very significant missing from the picture we have been offered.

After studying all this, I felt startled, and it took me time to fully absorb it. Kirsch regards the 1.8-point gain he finds as clinically meaningless and not justifying the benefits of these drugs. I found his studies persuasive, but I disagree a little with this takeaway. There are people I know for whom this small but real benefit outweighs the side effects, and for them, my advice is to carry on taking the drugs.

But it is clear, once you explore this science, that drugs are far from being enough. We have to be able to have a nuanced and honest discussion that acknowledges an indisputable fact: that for huge numbers of people, antidepressants only provide either no relief or a small and temporary amount, and we need to radically expand the menu of options to help those people.

Our focus on biology has led us to think of depression and anxiety as malfunctions in the individual’s brain or genes — a pathology that must be removed. But the scientists who study the social and psychological causes of these problems tend to see them differently. Far from being a malfunction, they see depression as partly or even largely a function, a necessary signal that our needs are not being met.

Everyone knows that human beings have innate physical needs — for food, water, shelter, clean air. There is equally clear evidence that human beings have innate psychological needs: to belong, to have meaning and purpose in our lives, to feel we are valued, to feel we have a secure future. Our culture is getting less good at meeting those underlying needs for a large number of people — and this is one of the key drivers of the current epidemic of despair.

I interviewed in great depth scientists who have conclusively demonstrated that many factors in our lives can cause depression (not just unhappiness: full depression). Loneliness, being forced to work in a job you find meaningless, facing a future of financial insecurity — these are all circumstances where an underlying psychological need is not being met.

The strange case of the “grief exception” — and its profound implications

The difficulty that some parts of psychiatry have had in responding to these insights can be seen in a debate that has been playing out since the 1970s. In that decade, the American Psychiatric Association decided, for the first time, to standardize how depression (specifically, “major depressive disorder”) was diagnosed across the United States. By committee, they settled on a list of nine symptoms — persistent low mood, for instance, and loss of interest or pleasure — and told doctors across the country that if patients showed more than five of these symptoms for more than a couple of weeks, they should be diagnosed as mentally ill.

But as these instructions were acted on across the country, some doctors reported a slightly awkward problem. Using these guidelines, every person who has lost a loved one — every grieving person — should be classed as mentally ill. The symptoms of depression and the symptoms of grief were identical.

Embarrassed, the psychiatric authorities came up with an awkward solution. They created something called “the grief exception.” They told doctors to keep using the checklist unless somebody the patient loved had recently died, in which case it didn’t count. But this led to a debate that they didn’t know how to respond to. Doctors were supposed to tell their patients that depression was a brain disease to be identified on a checklist — but now there was, uniquely, one life situation where that explanation didn’t hold.

Why, some doctors began to ask, should grief be the only situation in which deep despair is not a sign of a mental disorder that should be treated with drugs? What if you have lost your job? Your house? Your community? Once you entertain the idea that depression might be a reasonable response to some life circumstances — as Joanne Cacciatore, an associate professor in the school of social work at Arizona State University, told me — our theories about depression require “an entire system overhaul.”

Rather than do this, the psychiatric authorities simply got rid of the grief exception.

Now grieving people can be diagnosed as mentally ill at once. Cacciatore’s research has found that about a third percent of parents who lose a child are drugged with antidepressants or sedatives in the first 48 hours after the death.

Once you understand that psychological and social context is crucial to understanding depression, it suggests we should be responding to this crisis differently from how we now do. To those doctors in Cambodia, the concept of an “antidepressant” didn’t entail changing your brain chemistry, an idea alien to their culture. It was about the community empowering the depressed person to change his life.

All over the world, I interviewed a growing group of scientists and doctors who are trying to integrate these insights into their work. For them, anything that reduces depression should be regarded as an antidepressant.

To know what to fight, we need to think harder about causes of mental malaise. I was able to identify nine causes of depression and anxiety for which there is scientific evidence. Seven are forms of disconnection: from other people, from meaningful work, from meaningful values, from the natural world, from a safe and secure childhood, from status, and from a future that makes sense to you. Two are biological: your genes, and real brain changes.

(It is too crude to describe these as a “chemical imbalance,” the typical shorthand today; Marc Lewis, a neuroscientist at the University of Toronto, told me it makes more sense to think of them as “synaptic pruning” — your brain sheds synapses you don’t use, and if you are pushed into a pained response for too long, your brain can shed synapses, making it harder to navigate away from dark thoughts.)

These scientists were asking: What would antidepressants that dealt with these causes, rather than only their symptoms, look like?

“Social prescribing”: a new kind of treatment

 

In a poor part of East London in the 1990s, Dr. Sam Everington was experiencing something uncomfortable. Patients were coming to him with depression and anxiety. “When we went to medical school,” he told me, “everything was biomedical, so what you described as depression was [due to] neurotransmitters.” The solution, then, was drugs. But that didn’t seem to match the reality of what he was seeing.

If Everington sat and talked with his patients and really listened, he felt that their pain made sense — they were often profoundly lonely, or financially insecure. He wasn’t against chemical antidepressants. But he felt that they were not responding to the underlying reasons his patients were depressed in the first place. So he tried a different approach — and ended up pioneering a fresh approach to fighting depression.

A patient named Lisa Cunningham came to Everington’s surgery clinic one day. She’d been basically shut away in her home, crippled with depression and anxiety, for seven years. She was told by staffers at the clinic that they would continue prescribing drugs to her if she wanted, but they were also going to prescribe a group therapy session of sorts. There was a patch of land behind the clinic, backing onto a public park, that was just scrubland. Lisa joined a group of around 20 other depressed people, two times a week for a full afternoon, to turn it into something beautiful.

On her first day there, Lisa felt physically sick with anxiety. It was awkward to converse with the others. Still, for the first time in a long time, she had something to talk about that wasn’t how depressed and anxious she was.

As the weeks and months — and eventually years — passed, Everington’s patients taught themselves gardening. They put their fingers in the soil. They figured out how to make things grow. They started to talk about their problems. Lisa was outraged to learn that one of the other people in the group was sleeping on a public bus — so she started to pressure the local authorities to house him. She succeeded. It was the first thing she had done for somebody else in a long time.

As Lisa put it to me: As the garden began to bloom, the people in it began to bloom too. Everington’s project has been widely influential in England but not rigorously analyzed by statisticians, who tend to focus on drug-centered treatment. But a study in Norway of a similar program found it was more than twice as effective as chemical antidepressants — part of a modest but growing body of research suggesting approaches like this can yield striking results.

This fits with a much wider body of evidence about depression: We know that social contact reduces depression, we know that distraction from rumination (to which depressives are highly prone) has a similar effect, and there is some evidence that exposure to the natural world, and anything that increases exposure to sunlight, also has antidepressant effects.

Everington calls this approach “social prescribing,” and he believes it works because it deals with some (but not all) of the deeper social and environmental causes of depression.

Economic stress can lead to depression

 

A study last week showed that anti-depressants work better than placebos. But many people who take them remain depressed, or return to a depressed condition.

I searched out other radical experiments with different kinds of social and psychological antidepressants, often in unexpected places. (Some of these were not designed as antidepressants but ended up serving that purpose.) In the 1970s, the Canadian government embarked on an experiment in a rural town called Dauphin, in Manitoba. They told the population there: From now on, we are going to give you, in monthly installments, a guaranteed basic income. You don’t have to do anything for it — you’re getting this because you are a citizen of our country — and nothing you do can mean we will take this away from you. It added up to roughly $17,000 in today’s US dollars (if they had no income from other sources).

Many things happened as a result of this three-year experiment, but one of the most striking is a big fall in hospitalizations — 8.5 percent in three years, according to Evelyn Forget, a professor in the department of community health services at the University of Manitoba and the leading expert on this experiment. Visits for mental health reasons accounted for a significant part of that drop, Forget says, and visits to doctors for mental health reasons also decreased.

“It just removed the stress — or reduced the stress — that people dealt with in their everyday lives,” she says. There is evidence that if you have no control at work, you are significantly more likely to become depressed (and to die of a stress-related heart attack). A guaranteed income “makes you less of a hostage to the job you have, and some of the jobs that people work just in order to survive are terrible, demeaning jobs.”

The scientists I spoke with wanted to keep chemical antidepressants on the menu, but also to radically expand the options available to depressed and anxious people. Some interventions are things individuals can do by themselves. One is taking part in groups dedicated to rediscovering meaning in life (anything from a choir to a campaign group). Another is practicing a form of mindfulness called “loving-kindness meditation” (an ancient technique for overcoming envy in which you train yourself to feel joy not just for your friends but also for strangers and even for people you dislike).

But many of the most effective social antidepressants require us to come together to fight for big social changes that will reduce depression, like changing our workplaces to reduce the amount of control and humiliation that happens there.

As a 39-year-old gay man, I have seen how people can band together to fight for seemingly impossible goals — and win, radically reducing the amount of unhappiness gay people face. I have also seen how, in one sense, the struggle is the solution: The act of banding together, identifying that you are being mistreated, and fighting for something better restores dignity to people who felt they had been defeated.

Is there a type of depression utterly unconnected to life circumstances?

As I absorbed all this evidence over three years, a persistent question kept coming to me. Yes, there are these deep causes of depression, but what about people who have nothing to be unhappy about, yet still feel this deep despair descend on them?

There is a debate among scientists about whether there is something called “endogenous depression” — a form of despair that is triggered purely by biology. The most detailed research into this, by George Brown of the Institute of psychiatry at the University of London and his colleague Tirril Harris, in the 1970s, found that people diagnosed with this problem in fact had just as many life challenges as people whose depression was supposed to be a response to life events. (They had spent years studying how long-term stress can radically increase depression.)

This could mean that endogenous depression does not exist — or it could mean that scientists were not good at spotting the difference back then. The scientists I spoke to agreed on one thing: If the condition does exist, it affects a tiny minority of depressed and anxious people.

But I only really felt I made a breakthrough in my own thinking — in understanding the mystery of why some people seem to become depressed “for no good reason” — when, by coincidence, I started reading some feminist texts from the 1960s.

At that time, it was common for women to go to their doctors and say something like: “Doctor, there must be something wrong with my nerves. I have everything a woman could want. I have a husband who doesn’t beat me, two kids, a house, a car, a washing machine — but I still feel terrible.” Doctors would agree that they had a problem and would prescribe them drugs like Valium. (The locus of the problem only migrated from the “nerves” to the brain in the 1990s.)

Now if we could go back in time and talk to those women, we would say, “Yes, you have everything you could possibly want by the standards of the culture.” But the standards of the culture are simply wrong: You need much more than this.

In the same way, today, when people tell me they must be biologically broken because they have “everything they could want” yet they are still depressed, I say: Tell me what you have. They talk about having money, or status, or expensive consumer goods. But these are not what people need to have meaningful lives.

If I start to ask about the social and environmental factors of depression and anxiety I’ve mentioned, I have yet to find a depressed person for whom at least some are not playing out. Perhaps some of us are simply biologically broke, but the idea that a purely biological story describes the vast majority of depressed and anxious people is by now, it is fair to say, discredited.

The lesson the psychiatrist took back from Cambodia

After he had completed his work in Cambodia, and after he had heard the story about the farmer who was given a cow as an antidepressant, Summerfield returned to London, where he worked as a psychiatrist, and he realized something he had never quite seen so clearly before. He thought about when he had most helped his depressed and anxious patients. Most often, it occurred to him, it was when he helped them to get secure housing, or to fix their immigration status, or to find a job. “When I make a difference, it’s when I’m addressing their social situation, not what’s between their ears,” he told me.

Yet we have, as a society, built our responses to depression and anxiety almost entirely around changing brains, rather than changing lives. Every year we have done this, our depression and anxiety crisis has got worse. When, I began to wonder, will we learn the lesson that those Cambodian doctors understood intuitively, and that the World Health Organization has been trying to explain to us: Our pain makes sense.

Johann Hari’s latest book is Lost Connections: Uncovering the Real Causes of Depression — and the Unexpected Solutions.

This post originally appeared on Vox. This article is republished here with permission.

Source: https://getpocket.com/explore/item/we-need-new-ways-of-treating-depression