Court proceedings and phone analysis

[STARYNIGHT3]

Hi I have had 2 children removed previously in 2017 dye to dv alcohol drugs unstable mental health home conditions missed apts etc they reside with family.im currently on a mum and baby foster placement and have been here for 13 weeks now I hardly have any privacy as it is I have started therapy etc and last court proceedings were traumatizing I'm terrified of loosing my son .I have done everything ss have asked of me groups cut people out my life alsorts and now last week they said in court they want to do phone analysis .My tolerance levels aren't the best as it is and it's making me paranoid. I have had my email address for years now so a lot of stuff is backed up to it .It's a complete invasion of privacy will it effect the outcome of my case if I refuse .I mean I can prove I can keep him safe physically they will be watching me like a hawk etc court said about trying me in the community with the little boy in June but I'm worried me refusing phone analysis will have a drastic impact ant advice please x

[Suzie, FRG Adviser]

Dear STARYNIGHTS3,

Welcome to the Parent’s Forum. My name is Suzie. I am FRG’s online adviser.

I am so glad to hear how well you are doing. You say you have done everything that children services have asked of you. In the past, you had suffered domestic violence and had unstable mental health and you were abusing alcohol and drugs. You older children were removed in to care against this background. It seems things have completely changed for you. You are being assessed in a mother and baby unit but the court want you to go home and be assessed in the community. That is excellent news. I big step forward.
Is the phone analysis needed before children services will consider you and baby going home?

I can understand why you have concerns about the phone analysis. There has been a lot of controversy around this in the press in relation to the police doing it. However, it is also may be a reasonable request.
But you are right to ask questions about it. What are they looking for? How far back-a year or more? What data do they need and why? I assume it is to see who you have been messaging or had phone calls with. To ascertain whether you have had recent contact with your violent exe or a drug dealer. That may be a reasonable request.
Would they be looking at your browsing history? If so, why? Photos-why? How are these relevant?

You need to discuss the phone analysis and what it means with your solicitors. They could check any letter of instruction to the forensics to make sure only relevant information will be searched and included in the report for the court.
I hope this advice helps as a starting point.

If you need further advice, please post again or call our advice line on 0808 801 0366.
Best wishes,
Suzie

[STARYNIGHT3]

Hi they were looking for any males I have been in contact with and all my texts and calls and social media in a year's period .although part of it has came back I'm still awaiting the other part .how much weight do they usually put on this evidence?it's so far proven I have not had any contact with my ex and I haven't made any contact with previous drug dealers and numbers were deleted but when I found out about phone analysis I did go into a very paranoid state ( I suffer with bipolar I recently found out and I'm not on the right medications as of yet although I am being proactive to try and get it commenced )and they will no doubt see the messages in which I was very paranoid and very clearly not happy with regards to the invasion of my privacy and that of others .so far all other reports have been relatively positive .I was quite surprised that all the texts and contact between people is actually shown so everyone can read them all I presumed it would just be a written report . Thanks

[Suzie, FRG Adviser]

Dear STARYNIGHT3

Thanks you for your further post.

In your post, you ask how much weight will be placed on the evidence from the analysis of your phone calls. This will depend on what it is they want to show from looking at the persons with whom you have had calls. If the phone analysis gives of clear picture of what is expected that the weight given will high. Obviously, if it shows the opposite then the weight will be on your side to show you were being truthful.

Since you have had a recent diagnosis of bi-polar disorder, and had not being properly medicated, might explain any what you call ‘paranoid’ behaviour on your phone messages.

It is great that you have been having mostly positive reports and my suggestion is that you continue to engage and work with children’s services.

As you are in court proceedings all parties will usually see the evidence unless the judge gives permission for something to be shown only to the court.

Please see our advice sheet Care (and related) proceedings which may help you to understand the court process.

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

Best wishes

Suzie