Removed from family home by Police & Children Services

[ange301126]

Dear heartbroken father,
Please heed this clear advice. It comes to you in good faith and emanates from the top.
If you have any reason to believe the requirements of the Children’s Act have not been followed in anyway, the remedy is to apply to a Court. See a solicitor, use your backbone, and with resolve instruct him to commence litigation against the Local Authority immediately. Firmly instruct him or her in no uncertain terms that you demand your right to a court hearing under Public Law as a matter of urgency because your family requires immediate protection. Then telephone the FRG helpline and they wiil help with advocacy support if they can.;They will give you influential, professional help to support your family’s cause. It is your duty to protect your family. You may be able to get legal funding for the action.
You have given the department ample leeway and time to change and make correct investigations. They have not involved you fully. They have failed in their duty-of-care to the children. In the paramount interests of your children, i advise you to put your skates on and take urgent, decisive action to get the CS off your back. Do not let any solicitor discourage you; give firm instructions. If you like, print out parts of this message to leave him or her in no doubt of your intentions.
The System expects child-protection proceedings to be conducted within the framework of legal guidelines. Amongst these are that decisions are to be made on ‘realistic and informed appraisals’. In any reasonable person’s view, the information given to the child-protection conference was unrealistic as it was not based on facts but on misinformation. The non-statements and ‘professional’ opinions were mainly conjecture made to incriminate you without even questioning you as to the truth and give an account of yourself. Thus any decision that your children are ‘at risk’ is unlawful. Especially in serious cases like this one where the CS is interfering with your life to the point of separating you from your family, the Law says that decisions must be based on facts not suspicions. When you bring them to Court, they cannot begin to argue against you without facts. Take your copy of the minutes to Court. Clearly they don’t know any and that will be self-evident.
Surely, you must have realised by now that the CS intends to use the unlawful appraisal to claim in evidence against you that your children are ‘at risk’. If you dilly-dally, then twelve months down the line your family will end up like mine and those of other innocent victims on these forums.
Be logical. Ask yourself, was the appraisal realistic and informed? Clearly, the answer is no! The remedy lies in Court.
If I am wrong that FAMILY RIGHTS entitle your family to a Court hearing, then I have no doubt your solicitor and Suzie will let you know.
Good luck, whatever you decide, and keep in touch with the forum.

[heartbrokenfather]

blueplain: I would not even know where to start looking in my local area to have a drug and or alcohol tests. If I would to do this off my own back this would probably end up costing me, and as you say if social have concerns about it why have they not asked me to have tests done. And that is a very good question.

charmed1: I had no idea about the accusations of drugs or alcohol misuse unto I got the copy of the child protection conference minutes. Nothing was said to me or to my wife on the night I was removed from the family home, and it had never been brought to my attention with any of the short meetings or visits from children's services.

ange301126: I have had very little interaction with children's services, When ever I try to contact them I just get told the person I need to deal with is on holiday, out of the office, in a meeting, etc. and that someone will get back to me. Both the police and children's services know where I am as I can't go home to my family, I know they are going to use the excuse of not being about to contact me due to the police taking my mobile phone, but once again both the police and children's services have been given my parents home number, and have been told they can leave messages on this number, But they fail to do so.

Since the 29/11/2013 when this all kicked off I have seen children's services 4 Times.
approx 10 minute meeting with children's services at there office.
approx 20 minute visit at my parents home.
approx 15 minute at the child protection conference.
approx 30 minute meeting at the contact centre.

So since the 29/11/2013 children's services have spent a total of approx 1h:15m with me.

In this time no one has brought up the subject of drugs and or alcohol misuse, nor have they offered or suggested any type of drug and or alcohol testing, parenting classes, anger management, marriage counseling, etc.

I have requested a copy of children's services guidelines and procedures on many occasions, and as of yet I am still to receive a copy.

[heartbrokenfather]

Yesterday I sent an email request to my local council regarding records held by children's services under the Data Protection Act, and also sent the request via post by recorded mail.

This morning I received an email from my local council. They don't seem to be messing about.

Thank you for your request for personal information that relates to yourself and your children as named above that was received on 17 February and your letter received today.
The council will process your request in accordance with the Data Protection Act 1998.
This is known as a subject access request.

Before we can proceed with your subject access request I would advise that the -------- Council charges a standard fee of £10 per person for all requests for personal information under the Data Protection Act. Please send a cheque for £60, made payable to the -------- Council, to me at the above address. On receipt of this fee we will be able to proceed with your request.

In the interests of security and to protect people’s privacy the council will require proof of your identity. Please therefore arrange for a copy of your passport or photographic driving licence to be sent to the above address, together with a bill or bank statement to confirm your address. Alternatively you may bring the documents to -------- to be inspected by myself or a colleague.

As -------- is aged over 12 we will also require his ID and signed letter giving his consent for us to access his records.

Please note that, in accordance with the Act, your request may take up to 40 calendar days from the day after we receive your ID and fee.

Please contact me again if you are unsure about any of the above or require any further assistance on this matter.

As I can not make contact with my Wife and or Children. I now have to go around all the houses to be able to get the eldest child's written consent.
I have contacted my solicitor, who will in-turn contact my wife's solicitor and then contact my wife, and then ask the eldest for his written consent, etc.

[heartbrokenfather]

I had contact with all 5 children again on Monday (24/02/2014) at the contact centre.
The two supervisors for contact that are transporting the children to and from contact where once again late with the children, so the children's time was less then it should of been.
But otherwise contact with the children went well again, and all the children enjoyed seeing me and interacting with me.
All of the children once again asked me if they can see me more or phone me, and also asked when I can come back home.
My daughter handed me some hand written letters, and it was very hard for me to hide my emotions as I read her letters. saying how much she misses me, how much she loves me, and that she wants me to come home.
It's so heart braking when the children are begging for you to come home, and you just have to stand there and say you can't.
All the children said they where looking forward to seeing me again in two weeks time.

I also contacted my local council and requested email, postal address, and phone number for the person who chaired the Child Protection Conference.
I got the details I requested from the council within half an hour, and emailed the chair person to inform them that I had found errors within the Child Protection Conference minutes, and that they would be receiving a full copy shortly.
As of yet I have not had a reply to that email.

I have been going over the Child Protection Conference Minutes again. and something that has come to my attention while reading is that it states that the Core Group Meetings should take place at least 6 weekly.
In the Child Protection Conference Minutes the last Core Group Meeting was listed as being on Tuesday 14/01/2014, that would be 6 weeks yesterday.
I was not invited to the last Core Group Meeting, And I have not been informed and or invited about any upcoming Core Group Meeting.

[heartbrokenfather]

We are now on day 92 since this all started.

In this time I have had very little contact with the children, but at least it now seems that regular contact with the children has been setup.

In the last 3 months (quarter of a year) I have been refused to have any kind of contact with my wife.
Now I keep getting told different things to why I can't have any contact at all with my wife. This ranges from my wife and children not wanting me to return home, or have contact with me, to being in witness protection, to interference with witnesses, the list keeps on changing.
Each time I have had contact with the children they have requested me to come home or asked me when can I come back home.

As I am still not getting anywhere with Children's Services, On Thursday 27/02/2014 I emailed my local council requesting Children's Services - Guidelines and Procedures.
Yesterday I received an email back saying.

Dear Mr --------

We have received your request for copies of the above. Could you please advise provide us with a little more clarification as to what it is you require i.e. the area of Children’s Services that you are seeking the information for?

Many thanks

I am not sure how to respond or what to request, can anyone please advice?

I have been advised to start recording any phone calls from the police and children's services. But I want to stay within the law so I have been trying to do some research on the subject.

I have been reading some of the FAQ’s on Ofcom / Oftel web site regarding recording phone calls.
Recording and monitoring telephone calls or e-mails.

Can I record telephone conversations on my home phone?
Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?
No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

So from reading the above it seems that I am within my rights to record all phone calls.

[blueplain]

If you wished to use the recording as evidence you will need the person your recoding permission. There will be a point where you want to play this recording to a judge, or your MP or a manager that is dealing with your complaint. These are all third party. I would suggest requesting being able to record all meetings. This way you can freely use the recordings as you see fit.

P.s Keep fighting. It is an awe full situation but do not let it break you

[heartbrokenfather]

I have received post from my local MP today, with replies from both the police and children's services.
As expected my local MP can not really do much to intervene while there is an ongoing investigation.
But at least he has been able to get more from both the police and children's services then I have been able to.

Quote from the Local MP Letter.

Dear Mr --------,

Further to your recent correspondence to me regarding your concerns about the actions of Children's Services and the Police, I raised your case with the agencies involved.

As a result I enclose two responses, one from DI -------- -------- from the Public Protection Department at -------- Police Station and one from -------- --------, Director of Children's Services from the -------- Council.

I hope you will find Mr -------- and DI -------- response helpful in clarifying the circumstances which led to the action and response of Children's Services and the Police on the night of 29th November 2013.
I am sure you will understand that I am unable to intervene with an investigation being undertaken by the Police or Children's Services because these must be conducted independently.
If you feel either letter contains any major errors or that I can be of any future help, please do let me know.
I am enclosing a card containing my contact details; please do pass this on to anyone you feel I may be able to help on any matter.
My office is open Monday to Friday, from 9am until 5pm.

Yours sincerely,

Quote from the Public Protection Department Letter.

I am writing in response to your letter dated --/--/---- relating to one of your constituents, -------- --------.
Your letter was sent to Superintendent -------- raising some issues regarding a criminal investigation and seeks clarification in a form that can be disseminated onto Mr --------.
I have been nominated to look into this matter on behalf of the Mr --------.

The investigation originates from disclosures made on Friday 29th November 2013.
I must state that there is still a live criminal investigation and it is not my intention to discuss any of the evidential matters involved.
Hopefully, I will be able to better inform on general procedural matters and comment on specific actions taken by Police in relation to Mr --------.

The overarching priority in any investigation into alleged criminal offences relating to children, is the immediate safety and welfare of any child identified as being potentially at risk of harm.
This principle is at the heart of decision making by Police and partner agencies involved in disclosures of a child at risk.
In this specific case, Police worked alongside Child Social Services.

I am of the opinion that in this particular investigation, the decision not to immediately detain Mr -------- meant that the time he actually spent in custody was less than it would have been if he had been detained immediately.

With regards to Mr -------- not being given a full explanation as to why he was being asked to leave the property, I have spoken to the officer who attended, DC --------, and have reviewed what is recorded about his attendance on the Police computer system.
DC -------- records that he spoke with Mr -------- about concerns relating to information received and that we would be unhappy if he remained at the address.
lt was explained to Mr -------- that an investigation needed to take place but that due to the time of night and the children needing sleep, it was not in their best interests to proceed at that time.
lt was further explained to Mr -------- that ideally he should go to another address for the night and if he didn't, then consideration would be given to arresting him in order to immediately safeguard the children.

DC -------- further records his decision making rationale relating to the length of time Mr -------- would have to be in custody whilst further evidence was preserved and secured.

Mr -------- is correct when he states that a full explanation was not given but I would not expect this to be the case in this investigation or any other criminal investigation prior to the arrest of a suspect.

What Mr -------- was provided with was sufficient information to inform that there was need for a criminal investigation in relation to concerns relating to his children and that in order to provide appropriate safeguarding, consideration would be given to his immediate arrest.

With regards to being barred from the family home and from any contact with his wife or children, I have the following observations.
Firstly, it is my understanding that Mr -------- is not a named tenant on the council house tenancy.
Secondly, Mr -------- is currently on unconditional bail but would have been warned that any interference or intimidation with witnesses in the criminal investigation could make him liable to arrest for further offences.
Thirdly, Mr -------- is currently subject to supervised visits with his children who remain involved with Child Social Services.

I hope that the contents of this letter are able to clarify the actions of Police and Child services and reiterate that Mr -------- remains on bail in relation to neglect and abuse issues relating to his children.
Having reviewed the circumstances of Mr -------- particular investigation, I am of the opinion that appropriate and necessary actions nave been taken to preserve and secure evidence and safeguard children potentially at risk.

Quote from the Director Of Children's Services Letter.

Thank you for your letter dated --/--/---- sent on behalf of your constituent, Mr --------.

I will list some information with regards to the precipitating events that find Mr -------- currently separated from his family, the actions taken by Children's Services and future plans.

On the 29 November 2013 Children's Services and the Police undertook a joint child protection investigation, in regards to the five children of Mr and Mrs --------.
This is an unusual situation for most parents and it is easy to be confused or not fully understand what is happening, who takes decisions and the reasons why decisions are being made.
This seems to be the case for Mr -------- and therefore this is a good opportunity to clarify the situation:

• Children's Service Department have neither authority nor power to remove adults from a home.

• Our records show that during the child protection Investigation Mr -------- was told by the Police that as it was 7pm it was in the best interests of his children that they were not interviewed that evening.
Therefore Mr -------- was asked to leave, as the information given to Children Services and the Police was that Mr -------- potentially posed a risk to his children.
Mr -------- was given this information and asked to leave the address to allow the Police to interview the children the following day.
Mr -------- became resistant and was advised that if he did not agree to leave he would be arrested and removed from the property.
For more detail on this matter please see your separate correspondence with -------- Constabulary.

• lt was in the best interest of the children that they were not interviewed late into the night.
lt would not have been safe to allow Mr -------- to continue to stay in the household for a further night, given the alleged risk Mr -------- could potentially pose to his children, therefore the safest way to manage this was for the Police to ask Mr -------- to leave the property.

• Mr -------- was arrested that weekend and the investigation has been ongoing.

Following the investigation an initial child protection case conference was called with a unanimous decision for each of the children to become subject to a child protection plan.
The plan is specific on the matter of contact as decided by the conference chair.
lt was decided that Mr -------- would be able to have one supervised session of contact with his children each week.
However, this would need to be supervised by Children's Services contact supervisors.

The new case holder for the --------/-------- children is -------- --------, who undertook an introductory visit to Mrs -------- and each of the children earlier this week.
lt will be most helpful for Mr -------- to engage with Children's Services directly.
Mr -------- needs to be aware of the current limitations prescribed.
I expect these to be informed by outcomes from the ongoing Police investigation.
I am sure that Mr -------- will appreciate the support measures and boundaries currently in place to ensure his children's safety.

Mr -------- can make direct contact with -------- on ------ (ext ----) should he need any other belongings from the family home or for further clarification.
lt is encouraging to hear that Mr -------- has a supportive family and friends he can rely on during this period of waiting for an outcome.

Mr -------- is expected to engage with the child protection plan.
Assessment of his engagement, learning and insight gained will be factors that will influence any further decisions relating to the question of whether safe reintegration of Mr -------- to his family is in the children's best interest.
Children's Services will take legal advice should we become aware of Mr -------- visiting the family home or moving back in without prior approval by the multi-agency core group implementing the child protection plan.

Yours sincerely

[blueplain]

It makes sense now. The criminal side of the investigation is preventing you from attaining the facts. Once the police have concluded their investigation and have come to a decision that will open up avenues for you to gain all the facts.

I wish you the best of luck and I hope that this process ends quickly. Enough time has gone by already.

[heartbrokenfather]

blueplain: Thanks once again for your time and input on matters.

As stated in a previous post I was due to return to the police station today for my bail.
I arrived early to make sure I was on time and not to be late.
The desk sergeant said that I would be released again on bail, as they need to have guidance from the CPS regarding my case.
I was then released again on unconditional bail, to return to the police station on the 18/03/2014.
So I spent no longer then 10-15 minutes inside the police station.

I have no idea if this is good or bad news, Only time will tell.

[ange301126]

Dear heartbroken, I find it difficult to decide which contains the most contrived rubbish,the cs evidence to the CPC or the letter from the CS to your MP. Have you noticed how the CS appears to have full knowledge of your MP's private and confidential correspondence with the Police.
If you choose to continue cooperating ,insist on a contact with your wife (supervised if necessary).That will be very interesting.I can't wait to hear what she says to you.