Incorrect information.

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worriedmum81
Posts: 46
Joined: Mon Aug 22, 2016 10:37 am

Incorrect information.

Post by worriedmum81 » Sun Jun 30, 2019 8:52 pm

I have been reading through my legal papers from the case 7 years ago. In court I managed to disprove most of what was said, but when reading the paperwork it doesn't actually say that I had disproved it.
I also have noticed parts that I hadn't seen, due to all the stress around at the time. Some of the details were very important to the case. My children's father had sexually abused our oldest daughter, it was myself who found and got him arrested and it was stated by the judge in that case that I had acted in the best way possible at the first moment. But one of the social workers claims which I do believe would have had a large part of the ruling and potentially of the reason I haven't been given any consideration for having the children home was that my oldest son had told a social worker that he had told me that his father was sexually abusing him and his other siblings and I hadn't believed or done anything about it.
Having spoken to my now 18 year old son, he said he was never sexually abused by his dad and that he has never said anything like this to any social worker and doesn't know where any of that accusation could have come from.
The only time anything had happened was when he told me his dad had hurt him, my mum had been present at the time it had happened and was able to explain what had actually occurred and I had ensured my son got a full check at the hospital, where it turned out he had literally one bruise on his whole body, which was on his wrist and he said the dinner lady at school had actually caused that.

This is just one of the things in the paperwork that is incorrect and I'm wondering if there is anything i can do to get it corrected as I'm worried that not only is it affecting the way social services treat my contact with my children (not allowing unsupervised contact after 7 years despite saying I'm not a danger) but mostly because my children will likely have access to this as they get older and I don't want them affected negatively by reading these type of lies.

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Suzie, FRG Adviser
Posts: 2632
Joined: Mon Jul 04, 2011 2:57 pm

Re: Incorrect information.

Post by Suzie, FRG Adviser » Wed Aug 07, 2019 4:58 pm

Dear worriedmum81

Thank you for your further post.

You say you have been going through the court papers relating to the case from 7 years ago and believe that information in these documents is incorrect.

Your son who was very young at the time the children’s services would have become involved has now told you that information that the social worker put forward about sexual abuse is not correct as he did not give this information. Whilst it may be your son’s position now, I do not know and neither do you what information he gave to the social worker at the time. It could be that your son may have no memory of what he said or it is unpleasant period in his life which, as you say, he now maintains it did not happen.

If there was incorrect information in the papers filed with the court when your case was ongoing, then it would have been for you to ensure that your legal representatives were aware of this so that it could be challenged before the court. A social worker can be cross examined on information/evidence put before the court if a party states it is not correct. It would then be for the judge to decide whether that evidence is accepted or not.

It might be difficult to have documents which have already been filed at court and considered by a judge to be changed. However, if there are factual inaccuracies you might, be able to ask under data protection rules to have that information corrected but this is likely to be in respect of personal information about you or your son now he is 18 and can make his own application.

There is of course the possibility that even though that information is written in the documents you have that it was challenged and considered by the court. Perhaps, if you have a copy of the judgement given at the final hearing, this may clarify the position for you.

The best advice I can give is to suggest that you, if you have not already done so, request copy of children’s services records. Please read our advice sheet Access to information held by Children’s Services for more information. Also, you could make contact with the Information Commissioner’s Office to seek further advice about what you can ask to be changed when a case has concluded and final orders made. The Information Commissioner’s telephone number is 0303 123 1113.

Regarding contact, please read our advice sheets Duties on Children’s Services when children are in the care system and Contact with children in care for more information about how children’s services should deal with contact and the options available to you.

Should you wish to speak to an adviser, please telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

I hope this is helpful.

Best wishes

Suzie

worriedmum81
Posts: 46
Joined: Mon Aug 22, 2016 10:37 am

Re: Incorrect information.

Post by worriedmum81 » Wed Aug 14, 2019 11:31 am

Thanks for your advice suzie. I wasnt able to go to court when the children first went into care as I was in hospital having had a stroke, but in the care proceedings 6 months later I was able to disprove a lot of the things which were stated, and the judge said if he had seen that proof previously the children would not have been taken as threshold had not been met (I had proof from the police, medical documents, school records etc). The social worker who came to court only took over several months after the children had been taken so when questioned by my solicitor about inaccuracies was told she couldnt answer as she hadn't done that report. I guess there isn't much that I can do about this but it does feel frustrating.

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