Author's Note: The beginning of a new story... This chapter contains some things from Order of the Phoenix and some things that are new, from this point forward the story is very much AU. This means that Snape's background is different and the prophecy never existed, although I always felt it was clear before the fifth book that Harry and Voldemort would face each other in a final battle. So I hope you enjoy and as you all no doubt know none of these characters are mine, I just enjoy playing with them.
Chapter 1: Witness for the Defence
"So this is it, my humble office," Mr Weasley announced opening the door to the left of the janitor's closet.
Harry barely gave the office a second glance, only noting how cramped it seemed before the queasy feeling in his stomach distracted him. Mr Weasley seemed to understand that he hardly felt up to conversation and straightened out some papers on his desks so they formed slightly more orderly piles.
"Ah and this is Perkins. Morning," Mr Weasley greeted as a very flustered looking man entered the office, wispy hair still swaying from his hurried gait.
"Arthur! I've been searching for you; the owl we sent must have missed you. They've moved the time and date of the Potter trial." Harry's stomach sank. Could he have missed his trial? What if he was already expelled?
"What – But why would they? Never mind, where are we needed?"
"You're in luck, it's still on this floor, Albert Runcorn's office, but you need to hurry, it was supposed to start at 8."
A glance at a digital clock that seemed to be blowing colourful bubbles out of the display told Harry that they were already running late.
"Right, Harry we need to run, let's go. Thank you Perkins." And with that Mr Weasley pulled a very much-overwhelmed Harry out of a chair he had just taken a seat in.
Together the two sprinted past Perkins, who had to press himself against a wall to allow them to pass, and down the corridor they had come from. Harry couldn't help but notice that they received far more stares from the Aurors buzzing around their cubicles than they had on their way in.
What seemed like an eternity later they were standing in front of a frosted glass door intercut with panels of light oak wood. A gleaming brass sign declared this to be the office of Albert Runcorn, Special Investigator to the Minister, Department of Magical Law Enforcement.
With a "good luck, Harry," Mr Weasley knocked on the door and opened it.
The office seemed surprisingly Muggle to Harry, closely resembling what he imagined the boardrooms at Grunnings to look like. To the right was a further door, which Harry suspected to lead to a more private office. A large conference table took up most of the space with a magical window behind it. As Harry glanced at the window the bright sunshine faded to a drizzle, quickly morphing into a downpour of rain. He tried not to consider it an omen.
Seated at the conference table and opposite to the door were three individuals that Harry did not recognise, two men and a woman. Most notable was the large and imposing man to the left, he looked to be easily over 6 foot with black hair, deep set eyes and a frown on his face that did not inspire confidence.
Harry quickly looked away to the other man, sat on the right. He was clearly older and seemed to have been startled awake by the opening of the door. His thick white moustache curled around his ears while his beard seemed to be obscuring the papers he had in front of him.
Finally dwarfed between the two men sat one of the strangest-looking women that Harry had ever seen. Dressed in a bright pink robe of a colour that Harry had previously imagined only Dumbledore would wear her face distinctly reminded of a toad. Her lips protruded in a seemingly childish pout, which combined with the sparkly bow on her head gave her a distinctly absurd appearance.
"Hem, hem," the women spoke first, "you are late Mr Potter. One would think an expectation of punctuality would hardly be too much to ask of a 15 year old no?" at her sickly smile Harry felt his temper begin to rise but he forced himself to remain calm.
Before he could muster a calm reply, the younger man spoke in a bored voice, "Arthur you are no longer required here."
Harry looked back at Mr Weasley and noticed for the first time that he was staring at a small desk to the left of the door that had completely escaped Harry's notice. Sat behind it, quill and parchment at the ready, was Percy Weasley.
"What are you doing here Perce?" Mr Weasley asked in a strangely cold voice for the usually genial man.
Percy flushed in response to his father's question but avoided his gaze and made no attempt to answer.
"If you would Arthur." The man who had previously spoken gestured towards the door, his message clear.
"Yes, of course. I'll see you later Harry."
Arthur Weasley left the room with a final frown at his estranged son and with him the only person who had seemed the least bit sympathetic to Harry's plight.
After a harsh "sit" Harry scrambled to pull out a chair at the table, almost dropping it in the process but finally managing to sit down.
"Now that we are finally all here we can begin. This disciplinary hearing for one Harry James Potter of Privet Drive 4, Little Whinging is now in session. Present are myself, Albert Mitchell Runcorn, representing the interests of the Department for Magical Law Enforcement, Dolores Jane Umbridge, Senior Undersecretary to the Minister, Roman Cane Selwyn the Head of the Department for Magical Education. Court scribe is Percy Ignatius Weasley –"
Runcorn's opening statement was interrupted by the door opening. To Harry's great relief Albus Dumbledore stepped through, wearing deep midnight blue robes and one of his less eccentric pointy hats with spirals of gold descending from its tip.
"Witness for the Defence Albus Percival Wulfric Brian Dumbledore," the man stated serenely, all the while not looking at Harry but coming to a standstill behind his chair.
"Ah yes, Dumbledore, always one for an entrance aren't you. I presume this means you received our owl about change of time and venue?" Runcorn did not seem overly concerned, but Harry had seen the woman, Umbridge, frown at the Headmaster's entrance. Even Selwyn, who Harry could have sworn was about to resume his nap, sat up straighter in his chair, some of the sleepy fog leaving his eyes.
"No I must have missed it, but luckily I arrived at the ministry early on some other business," Dumbledore responded jovially. His wholly unconcerned attitude calmed Harry and for the first time in this whole mess he felt something akin to hope. In all of his adventures in the Wizarding world he had not yet encountered a situation that the headmaster had not seemed all knowing in.
"Well then I suppose we shall count ourselves lucky," Runcorn retorted snidely. "Now if we could finally get to the reason we are all here today. Some of us do have busy schedules to get back to."
"Might I enquire where Amelia is? I was under the impression she would be leading these proceedings?"
"The Head of the MLE hardly needs to deal with this matter personally. I hear someone in her family had an unfortunate accident, was it the niece perhaps? Such a shame… Either way it appears she is temporarily unavailable so the case has been passed to me. Now if you don't have any more questions…"
Dumbledore waved his hand negligently, "Please, proceed." Meanwhile Harry's mind was working feverishly. He got the impression there was bad blood between Dumbledore and Runcorn. And Madame Bones' niece? That couldn't be Susan could it?
Harry focused on Runcorn as he pulled out a thick scroll of parchment, unrolled it and began to read "The charges are as follows: the defendant is accused of violating Paragraph C of the Decree for the Reasonable Restriction of Underage Sorcery (1875) as well Section 13 of the International Confederation of Warlocks' Statute of Secrecy with a particularly blatant spell, namely the Patronus charm, on August 2nd at twenty-three minutes past nine. The spell was performed in the presence of Muggles and in an area that is, with the exception of Mr Potter, exclusively Muggle, making his actions a threat to our society's continued existence in secret."
Dimly Harry wondered why Percy was scratching down notes so eagerly on something being read off another sheet of parchment. The legalese had deflated his earlier hope slightly, couched in new terms his actions seemed far more serious and none of the people he was facing seemed to be sympathetic.
"Mr Potter, please answer the following questions with a simple yes or no. Rest assured that you will get a chance to speak as well. On the night of the 2nd of August did you cast a Patronus charm?" Runcorn began. He seemed to be in charge of the proceedings.
"Yes," Harry responded.
"And were you aware that doing so broke several Wizarding laws?"
"Yes."
"And did you not in fact receive a warning about practicing underage magic from the Ministry in the summer after your second year at Hogwarts?"
"Yes," Harry ruthlessly quashed the near-overwhelming desire to justify himself, to talk about the Dementors, to explain about Dobby, that none of this had actually been his fault. His temper would hardly help him here and he had been promised a chance to speak.
"And were you aware that in performing that charm in a Muggle area you were not only endangering yourself but the Wizarding community as a whole?"
"I – yes, but.."
"Yes or no Mr Potter please," Umbridge interjected and the self-satisfied glint in her eyes made Harry lose the self-control he had so desperately been clinging to.
"There were Dementors! I was defending my life! They attacked us," he shouted springing to his feet.
"Sit down Mr Potter," Runcorn's voice had gone icily cold and Harry gulped, hastily retaking his seat. Damn it, he had been trying to control himself.
"Is that your chosen defence then Mr Potter? That you were faced with Dementors in a Muggle town?" Runcorn asked, one eyebrow raised disbelievingly in a way that distinctly reminded Harry of Snape.
"Yes, sir." Maybe politeness would help negate his earlier outburst.
"And we have a witness to present to that fact," Dumbledore finally interjected to Harry's immense relief.
"Really? I was under the impression that Little Whinging was a Muggle only area. But by all means do present them." Runcorn still appeared wholly unconcerned, a fact that was distinctly beginning to worry Harry.
Dumbledore turned to the door and ushered Mrs Figg in, who appeared very much out of place and uncomfortable with her surroundings. She was clutching on to her purse, glancing back frequently at the Headmaster for reassurance.
"Please state your name for the record."
"Ara-Arabella Doreen Figg." Harry desperately wished she would look just the slightest bit more confident.
"And your relationship to the defendant and your magical status?" Runcorn continued.
"I'm a Squib and I'm Harry's, I mean, Mr Potter's neighbour. We live on the same street," Mrs Figg's answers seemed to gain a bit more certainty as she adjusted to her surroundings.
"And were you present when the events of the 2nd of August took place?"
"Yes, yes I was. I had just bought food for my cats, they prefer the organic meat you know, when I heard a commotion coming from the alleyway." Harry thanked his lucky stars that Mrs Figg had not gone on to detail all of her cats and their individual preferences, which, as he well knew thanks to numerous visits over the years, were vastly different.
"And what did you see?" Runcorn prompted.
"Two boys, a rather big one, that's Dudley Dursely and a skinny one, Harry Potter. There were two Dementors, one was leaning over Dudley who was lying on the ground and one was running towards Harry –"
"Running?" Umbridge interrupted. "Dementors do not run, do they?" she asked in a voice Harry found immensely patronising.
"I mean, I meant to say floating or gliding," Mrs Figg regained her nervous stutter.
"And then?" Runcorn, in contrast, seemed completely bored. Umbridge meanwhile had lent forward in her chair, eyes fixed intently on Mrs Figg while Selwyn appeared to have lost the battle against his eyelids drifting closed. Harry swore he could hear him snoring quietly.
"And then Harry was trying to cast a Patronus. The first two tries he didn't succeed but then a stag came out of his and and chased the Dementors away. First the one opposite him and then he sent it to the one by Dudley." Mrs Figg seemed relieved that she had finished her retelling of the events and sunk back into the chair.
"Mrs Figg, so you claim to have seen the Dementors," Runcorn began doubtfully.
"I did see them!" the squib exclaimed.
"Do we know if Squibs can even see Dementors?" Umbridge asked Runcorn.
"I do believe the Department of Mysteries has more important things to investigate and as far as I am aware there is no existing research on the subject," Runcorn retorted. He turned back to Mrs Figg.
"And you have no other reasons for saying this, no possible ulterior motivations or conflicts of interest?" Harry got a bad feeling that this hearing was not progressing in his favour despite the evidence being overwhelmingly on his side.
"I – No." This was clearly a line of questioning Mrs Figg had not been prepared for and she looked evermore uncertain.
"What were you doing in that alleyway?"
"I already told you I was buying cat food and heard a disturbance so I went to check everything was alright?" Runcorn was clearly going on the offensive and Mrs Figg seemed intimidated. Harry didn't blame her.
"Ah yes, of course. And Harry? Why do you know him?"
"I – I keep an eye on him," Mrs Figg responded, her voice trembling with uncertainty.
"I'm going to take a wild guess and suggest you are in the employ of Albus Dumbledore then, the esteemed witness for the defence. Has he paid you to give your testimony here today?" The questions were coming quickly and precisely, clearly designed to undercut Mrs Figg's confidence.
"No! He doesn't pay me," Mrs Figg seemed outraged.
"So you've agreed to watch the boy but have asked for nothing in return? Received nothing in return? How about your house Mrs Figg? Privet Drive is a well off neighbourhood, house mortgages are generally not affordable on a pension are they?"
"I – I," Mrs Figg stammered, lost for words. She turned around in her chair to look at Dumbledore beseechingly, eyes begging him for help.
"You don't have to answer Mrs Figg, I think that's quite enough of that," Umbridge said in her girlish, high-pitched voice.
For a moment Harry dared to hope then, "I think it is clear to all of us here that your witness is just not very credible Dumbledore. Apart from everything else all Dementors are under the purview of the Ministry and I assure you they are well under control. It seems far more likely that Mr Potter here, with his penchant for wild confabulations, felt he was out of the papers for more than a week and that was unacceptable to him. So he came up with a new way to seek more attention –"
"That's not true," Harry shouted ignoring Dumbledore's hand squeezing his shoulder. The Headmaster had tried but his arguments hadn't worked, much like his own had failed to sway the people he sat facing. He couldn't be expelled from Hogwarts! He just couldn't!
"Look I promise I'm telling you the truth! Ask my cousin, he felt the Dementors, they almost kissed him, he'll tell you." Harry wasn't sure that Dudley would do anything of the sort but he was desperate, if only they would agree he could always sort the details out later.
"Ignoring the fact that Muggles cannot see Dementors Muggle testimony is also not admissible in our courts unless they are victim or witness to an act of violence by a witch or wizard," Runcorn coolly informed Harry. Although he maintained a blank face Harry could feel a smirk coming on behind the façade and in that moment knew that he had lost.
Nothing he could say or do would ever convince the man in front of him that a Dementor had indeed been present in Little Whinging that night. As Harry tried to comprehend that he was going to lose the place he had begun to call home over the past four years he felt near tears but forced himself to focus on Runcorn who had once again began to speak.
"To sum up the argument presented by the defence is weak on multiple points. Firstly the presence of Dementors is highly unlikely as they our under strict Ministry control and the Minister personally informed us that none were absent from their posts. Secondly the witness presented has both motive for lying about what she claims to have seen and it may very well be physically impossible for her to even see Dementors. All around it seems to be a very flimsy story. Are we all agreed that punitive measures are appropriate?" He turned to regard his seat neighbours.
"Agreed," Umbridge immediately answered.
Selwyn startled awake again. Harry wondered if Umbridge had kicked him under the table and he echoed the "agreed" that Umbridge had given.
"Very well then –"
"Ah if I might interrupt for a moment," Dumbledore spoke up from behind Harry. Finally, he thought to himself. The Headmaster had been very quiet during most of the proceedings apparently preferring to keep himself out of the matter much as possible. Harry had expected the man to come to his rescue yet that had not occurred so far.
"Hardly standard procedure for a witness for the defence but very well." Runcorn narrowed his eyes.
"As I pointed out on the second of August the Ministry has no authority over Hogwarts matters and as such has no right to expel Harry here. I though it prudent to remind you of that fact before we continue."
"Ah yes, not to worry the person responsible for that little mix up in communication was promptly dismissed. No, I think a different sort of punishment is far more appropriate." That ominous last statement was all that kept Harry from an outright grin. He couldn't be expelled from Hogwarts; that was all that really mattered wasn't it?
"Mr Selwyn if you would?" Not getting a response Runcorn gave the man a sharp poke, causing his eyes to drift open again. "Mr Selwyn?"
"Ah yes very well. I am here today to represent the Department of Magical Education, now as you well know Headmaster Hogwarts will be undergoing some changes in the new semester but I'm afraid those might not be enough for young Mr Potter here," Selwyn rattled off this speech quite wheezily, leaving Harry thoroughly confused at what possible punishment they could be considering now.
"I believe in your position as Head of Department you have access to the records of students do you not?" Umbridge inquired.
"Yes indeed," Selwyn removed his beard from the pieces of parchment in front of him and squinted at them, preparing to be questioned.
"Then would you mind telling us what you believe Mr Potter's record says about him, according to your lengthy experience in child rearing and education?" Umbridge asked so falsely that it was clear to everyone in the room that she knew what the man would say. Harry felt as if his whole hearing was a train on a Muggle subway, running on predetermined tracks that he could not influence in any way not matter how hard he had tried.
"Of course. Academically the boy is average in all of his classes, perhaps surprising when one considers the talent of his parents. His teachers frequently note that he appears distracted in class and his coursework seems like a half-hearted or last minute effort. To his credit he does excel in Defence Against the Dark Arts, but those achievements are more than negated by his grades in both History of Magic and Divination. Overall I believe Mr Potter could easily achieve more highly if only he applied himself more, he seems to lack both a disciplined mind and any sort of study habits."
Although Harry had heard similar complaints about his homework from Hermione the frank assessment still stung. Especially the implication that he was not living up to his parents was one he hated; he had tried hard in school except other things, namely Voldemort trying to kill him, had always interfered.
Selwyn seemed to be getting on to that, "More concerning is the fact that Mr Potter seems to spend, on average, 10 more days in the hospital wing per year than the average student. In fact not a single year in his schooling has passed without one incident or another requiring a stay of multiple days."
"And in your vast experience what does this usually indicate?" Umbridge simpered.
"Well children who frequently injured themselves are often looking for attention, usually because they lack a disciplined and structured home environment."
"I don't injure myself, other people attack me," Harry couldn't help but interject.
He was promptly ignored as Selwyn continued. "In combination with the multiple illegal uses of magic in the Muggle world it seems clear that Mr Potter is dangerously lacking in a sense of responsibility and forethought that could prevent these situations from occurring."
"And what would your usual recommendation be?" Runcorn inquired politely.
"Well usually I would meet up with the child's guardians and teachers and recommend work out a structured plan for new house rules to avoid dangerous situations and allow the child to express himself in safer ways. However, I fear Mr Potter is a special case here as well. After all he enjoys a certain notoriety in our world, with which comes a certain responsibility to the public. This means if he publicly endorses certain lies-"
"It's not a lie! Voldemort is back! Tell them Professor Dumbledore," he turned around to appeal to the man behind him, who, for whatever reason was still pointedly avoiding his eyes.
"I have tried my boy. I doubt anything I can say will change their minds," for some reason Dumbledore still looked calm but Harry was getting evermore frantic. Why would Dumbledore not defend him, speak up for his side? Wasn't that why he was here?
Once again Selwyn seemed unaware that he had been interrupted. In fact Harry doubted he was fully present at all. "Mr Potter's propensity for stirring up trouble and the fact that he appears to be both a danger to himself, with his frequent injuries, and one to others in his violation of the most important of the Wizarding laws means that I can only recommend he be closely supervised, both during term time and the holidays."
Selwyn, clearly feeling his part in the hearing was complete, sank back in his chair, returned his beard to it's previous place on the files and promptly closed his eyes. A few seconds later he once again began to snore lightly.
"How very insightful," Umbridge commented. Harry wanted to hex her.
Increased supervision both during term time and the holidays? Immediately he pictured a Ministry wizard turning up that the Dursleys and couldn't help a snort at the thought of Vernon's likely reaction. He wondered if Vernon had kept his shotgun or if the damage Hagrid had caused was irreparable. Knowing his Uncle he had acquired a new one…Then Harry's thoughts abruptly turned to what an unexpected Wizarding visitor to number 4 Privet Drive would mean for him and his amusement vanished. The little peace he had enjoyed from his relatives this summer was sure to come to an end.
"So we are agreed that Mr Potter shall continue his education at Hogwarts but under far stricter supervision and more appropriate discipline," Runcorn summarised.
"All that remains to be decided is who would make appropriate guardians for Mr Potter, able to adequately keep him in line." The last part was added with a sneer. Harry's thoughts immediately jumped to the Weasleys, and Dumbledore seemed to be thinking among similar lines.
"Might I suggest Mr and Mrs Weasley? Mr Weasley is a respected Ministry worker and Mrs Weasely has plenty of experience raising children with seven of her own."
"But isn't Mr Potter best friends with the youngest Weasley boy?" Runcorn objected slyly. "I am afraid that might prejudice the family towards Mr Potter as he already seems to have insinuated himself with them. We have also heard from a confidential source that the family already pays unduly attention to the most recent set of lies Mr Potter has been spreading."
Harry shot a glare at Percy, who had once again flushed bright red and was determinedly scribbling on the parchment. Confidential source indeed.
"Additionally Mrs Weasley's experience of child rearing is hardly credible," Umbridge added. "Having a bunch of brats herself hardly seems adequate. No I feel it would be far more appropriate to have one of Mr Potter's teachers take over guardianship for the summer. As for term time the Minister has appointed me for that particular task as I shall be your new professor of Defence against the Dark Arts Mr Potter."
Harry only gaped at her. That witch was going to be his guardian? At least it was only going to be during the school term but where was he going to go during the summer? Anxiously he twisted in his chair to look at Dumbledore, searching for any kind of reassurance but once again the Headmaster was staring straight ahead. Annoyed he turned again to face the smirking Umbridge.
"With the caveat that his Head of House is not an option the choice of guardian is yours, Headmaster. Perhaps you yourself would be willing to act as guardian Headmaster?"
Once again filled with hope Harry turned to Dumbledore praying for an affirmative answer. A part of him wanted to assure the man that he would be helpful, do any chores or odd jobs he required doing but he remained silent.
"I am afraid that is currently not possible, but I am sure we shall find someone for the job," Dumbledore replied.
Harry felt ill. If McGonagall was already excluded he didn't think any of his other teachers would agree to be his guardian. It would appear that he was always destined to be an unwanted burden to those around him.
"If you do not I am afraid we will have no choice but the place him in a Ministry detention facility. I do believe that these are the only options for containing the boy," Runcorn stated solemnly.
Harry was miserable. All his forebodings about how badly this hearing could go seemed to have been fulfilled. He tried to take comfort in the fact that even if he ended up in Ministry detention for the summer he could return to Hogwarts. But how would Hogwarts ever be the same if he was under constant watch from Umbridge? And he could just hear Malfoy taunting him for being detained already.
"Very well, is everyone present in agreement with the arrangement?" Runcorn asked.
Both Umbridge and Selwyn, who seemed to possess a miraculous talent for waking up at the times he was required, nodded.
"Mr Potter? Do you agree to the terms of your punishment?"
Did he have a choice? For a wild moment Harry wondered what would happen if he just walked out of the room and flipped off the people peering at him. Well he'd probably be arrested the second he left the office he thought gloomily.
"I – Fine."
"Then that concludes today's proceedings. Mr Potter you will be sent a transcript detailing your new arrangements of guardianship and your current guardians will be informed. I very much hope that we will not have to see each other in future. You may leave."
Harry woodenly stood up and pushed his chair back under the table. As he closed the door behind himself he glanced back at the room quickly, noting that Runcorn and Umbridge seemed very pleased with the outcome that had been reached and even Selwyn sported a small smile in his sleep.
Mr Weasley was waiting outside for him, clearly anxious.
"What happened Harry?" he asked, but Harry was still too shocked to reply.
Instead Dumbledore sighed, "Unfortunately the verdict was not in our favour. I had been hoping that Amelia's impartiality would allow us to make our case but Runcorn and Umbridge were hardly going to be sympathetic."
"So what did they decide?" Mr Weasley asked, brows furrowing in concern.
"They have seen fit to adjust Harry's guardianship arrangement, he will have to stay with a Hogwarts teacher for the rest of the summer and Umbridge will supervise him while he is in school," Dumbledore explained.
While this exchange was happening between the two adult wizards Harry followed them mechanically to the lift. He tuned out anything else they were saying until they arrived at the fireplaces in the atrium.
Confused he looked up at Mr Weasley, only then noticing that Dumbledore had already left.
Mr Weasley seemed to understand his look for he explained gently, "We're going to Albus' office at Hogwarts Harry, so we can discuss the appropriate choices for your summer guardian."
Harry only nodded in response and Mr Weasley gave his shoulder a sympathetic squeeze.
As Harry stepped into the flames with a shout of "Headmaster's Office, Hogwarts" he couldn't help but feel that this year would be very different from the one he had anticipated.
How right he would turn out to be.
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