Former social worker tells Margaret Fleming murder trial victim was 'naive' and 'vulnerable'
A former social worker told a murder trial that missing Margaret Fleming was ' quite naïve and quite vulnerable.”
Denise Munro, 59, who is now a lecturer in social care, told the High Court in Glasgow that from 1995 to 1996 while she was working for Inverclyde council she was appointed as Margaret's social worker.
She was giving evidence at the trial of Edward Cairney, 77, and Avril Jones, 59. who deny murdering Margaret Fleming at Seacroft, Main Road, Inverkip, between December 18, 1999 and January 5, 2000.
Margaret, who would now be 38, has allegedly not been seen for more than 19 years.
When Margaret's father lawyer Derek Fleming, who had cared for her, died in October 1995, she stayed with her mother Margaret Cruikshanks for a couple of years, then was cared for by Cairney and Jones.
Mrs Munro said that she was appointed to help Margaret after her mother complained to social work about her angry outbursts .
She told prosecutor Iain McSporran QC : “She was quite a naïve girl, quite vulnerable, quiet, lonely , sad and did not have many friends.”
The witness added: “When I went to their house to pick up Margaret I would have a conversation with her mum, who found it difficult.
“She had lived on her own and had an adolescent girl who was missing her dad.”
Mrs Munro said that initially she met with Margaret once a week, but this then became once a fortnight.
She added: “It came to an end in July 1996 when I went off on maternity leave. As far as I was aware the case was closed. She seemed settled.”
Mr McSporran asked the former social worker: “Were you aware that Margaret was staying with others,” and replied: “No.”
The trial also heard from 57-year-old Morag Deegan, a member of the visiting team from the Department of Work and Pensions, who said that she visited Seacroft on June 18, 2012, after Margaret who was receiving incapacity benefit failed to turn up for a required medical check.
Mrs Deegan said that she spoke to Jones, who was the person appointed by the DWP to look after Margaret benefits.
She told the jury: “Miss Jones said 'she's here, but she won't see you.' She told me it was because of her condition or mental health.”
Mrs Deegan added: “I reported this as a social work referral as I was concerned about Miss Fleming and Miss Jones living conditions and state of mind and also the fact Miss Fleming was not registered with a GP. Miss Jones told me it would not be a good idea getting a local GP.
“The living conditions were very, very poor. The house was really run down and not clean.”
Mr McSporran asked Mrs Deegan: “What did you then expect to happen,” and she replied: “A duty social worker should have visited them to follow up on welfare.”
Benefits worker Elizabeth McCormack, 57, who worked for a charity in Greenock, said that she helped Jones fill in benefits claims.
She added: “She told me she was receiving carer's allowance, and she looked after Margaret.”
Mr McSporran asked: “Miss Jones is getting a benefit for someone to look after her and and she was also caring for someone herself,” and Mrs McCormack said: “Yes.."
She explained that caring for someone can mean looking after them or just keeping an eye on them for 35 hours or more a week.”
Social workers failed to take action after concerns were raised about the home where murder accused Edward Cairney and Avril Jones were allegedly caring for vulnerable Margaret Fleming.
Department of Work and Pensions employee Morag Deegan, 57, contacted Inverclyde Social Work Department in June 2012 after visiting Seacroft in Inverkip and being shocked by the state of the place.
At High Court in Glasgow Helen Morley, 54, team leader of social work at Inverclyde Council said: “We didn't get the client's consent and we basically closed it down as a referral .”
A note written at the time and shown to the jury stated: “Referrer did not ascertain client's permission to make a referral therefore no further action can be taken in relation to this."
Prosecutor Iain McSporran QC said: “Is that right because the clients didn't give permission you can't do anything,” and Miss Morley replied: “If we don't have the permission of the adult or the carer it is difficult to get involved.”
Mr McSporran then said: “It was simply closed with no further action taken,” and she replied: “Yes.”
Defence QC Thomas Ross, representing Cairney, said: “How could the social work obtain permission without going to the house to assess this,”and Miss Morley said: “Yes, perhaps we should have tried to contact Avril Jones or Margaret Fleming. We have to weigh up the client's rights to have social work intervention.”
Mr Ross asked: “Who is the client,” and was told it was Margaret Fleming.
The QC then asked: “You wouldn't be able to tell if Margaret Fleming wishds to be involved unless you made contact and that in this occasion did not happen, did it,” and Miss Morley replied: “No.”
Earlier Mrs Deegan, a member of the visiting team from the Department of Work and Pensions said that she visited Seacroft on June 18, 2012, after Margaret who was receiving incapacity benefit failed to turn up for a required medical check.
She spoke to Jones, who was the person appointed by the DWP to look after Margaret benefits.
She told the jury: “Miss Jones said 'she's here, but she won't see you.' She told me it was because of her condition or mental health.”
Mrs Deegan added: “I reported this as a social work referral as I was concerned about Miss Fleming and Miss Jones' living conditions and state of mind and also the fact Miss Fleming was not registered with a GP. Miss Jones told me it would not be a good idea getting a local GP.
“The living conditions were very, very poor. The house was really run down and not clean.”
Mr McSporran asked Mrs Deegan: “What did you then expect to happen,” and she replied: “A duty social worker should have visited them to follow up on welfare.”
Cairney and Jones are also accused of defrauding £182,000 in benefits and attempting to defeat the ends of justice by claiming Margaret was alive.
They deny all the charges against them.
The trial before judge Lord Matthews continues.