Hi
My partner now is currently on the battle to see his son. His ex wife has bee making it difficult for him. His ex wife had a 11 y/I girl from previous relationship. this girl made an allegation in sexual nature against my partner. My partner had been investigated and was no further action. When my partner moved in my area he did not let the LA know that he is in the area ( he didn't know he had to and nobody made him aware that he had to). The cafcass woman (acting as his son’s guardian) made the LA in my area aware abiut his whereabouts and that he is living with me and my 10y/o daughter. LA in my area got involved and now we are on the child protection inquiry. The LADO that investigated and interviewed the child who made an allegation sent my partner an email about one of the claims of sexual abuse. The notes from sec 47 was very different from what the child was saying. We are now thinking of taking a legal action against the ss who is over looking the case/made the report. Is anyone had sue ss? is there a hope on this?
Ps: as a result if these false documentation, my partner was put on antidepressant and undergone counselling.
Section 47
-
Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Section 47
Dear TR1810
Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am sorry to hear of the difficulties you are currently experiencing.
If your partner does not have a solicitor he can get private law advice about seeing his son from Child Law Advice . Unfortunately, this is not an area we advise on.
However, I can advise you about the child protection investigation which children’s services are completing in relation to your 10 year old daughter. They are concerned for your daughter’s welfare and safety as an allegation of sexual abuse was made against your partner by his 11 year old stepdaughter. You explain the investigation into this allegation led to no further action – do you mean the police investigation?
Children’s services are the lead agency when it comes to child protection and may remain / or become involved when there is an allegation of child sexual abuse which does not proceed down the criminal justice route.
You mention the involvement of the Local Authority Designated Officer (LADO) which suggests that your partner works with vulnerable children or adults.
As your partner is involved in private law proceedings then the CAFCASS worker had a duty to notify your local authority about his relationship with you because you have a dependent daughter.
You are concerned about a discrepancy between information provided in an email from the LADO and information recorded in the section 47 notes. I am a little unclear if the social worker has completed and provided you with a copy of their assessment report i.e. if they are the notes you are referring to or whether you mean the information contained in the referral to the children’s service’ department that is working with you. Either way, if there is a serious discrepancy then do of course bring this, in writing, to the attention of the professionals involved.
If your partner is concerned about ‘false documentation’ then that is for him to pursue and seek independent legal advice on. He can seek advice from a solicitor. Please see here for links to legal advice. If he is concerned about how data has been recorded or shared he could contact the Information Commissioner.
However, it is most important that your main focus is on the assessment of your daughter’s needs and any risks to her that have been identified. You may find it helpful to read our tailored advice and our information about child sexual abuse. During this process, your ability to accept the possibility of risk and to demonstrate your capacity to safeguard your daughter from any potential risk is being assessed as well as consideration of any risk of harm your partner may potentially pose to your daughter.
You are wondering if you can sue children’s services? I am not sure on what basis you want to do this. Children’s services have a legal duty to investigate if they have concerns that a child may suffering or at risk to suffering significant harm. This is why there is a child protection investigation. If you dispute the outcome of the investigation or how it was carried out you could consider making a complaint. But be prepared to continue to work with children’s services during their involvement even if you do complaint. This guide to working with a social worker may help.
Sometimes parents do take children’s services to court but they would need to have a compelling case to do so. We have some advice sheets here 5a) and 5b) which set out the circumstances when this may apply. From the information provided I don’t think this is a suitable option. If you wanted to explore this further you would need specialist legal advice from one of the services listed at the back of each advice sheet.
It may be better to focus on your current involvement with children’s services and try to address any concerns or recommendations they make so that you continue to keep your daughter safe and well in your care and so that their involvement can end.
You may find the Parents Protect website helpful.
I hope this is of some help.
If you would like to talk your situation through with an adviser please call our freephone advice service on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm. Or post again with any further queries.
Best wishes
Suzie
Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am sorry to hear of the difficulties you are currently experiencing.
If your partner does not have a solicitor he can get private law advice about seeing his son from Child Law Advice . Unfortunately, this is not an area we advise on.
However, I can advise you about the child protection investigation which children’s services are completing in relation to your 10 year old daughter. They are concerned for your daughter’s welfare and safety as an allegation of sexual abuse was made against your partner by his 11 year old stepdaughter. You explain the investigation into this allegation led to no further action – do you mean the police investigation?
Children’s services are the lead agency when it comes to child protection and may remain / or become involved when there is an allegation of child sexual abuse which does not proceed down the criminal justice route.
You mention the involvement of the Local Authority Designated Officer (LADO) which suggests that your partner works with vulnerable children or adults.
As your partner is involved in private law proceedings then the CAFCASS worker had a duty to notify your local authority about his relationship with you because you have a dependent daughter.
You are concerned about a discrepancy between information provided in an email from the LADO and information recorded in the section 47 notes. I am a little unclear if the social worker has completed and provided you with a copy of their assessment report i.e. if they are the notes you are referring to or whether you mean the information contained in the referral to the children’s service’ department that is working with you. Either way, if there is a serious discrepancy then do of course bring this, in writing, to the attention of the professionals involved.
If your partner is concerned about ‘false documentation’ then that is for him to pursue and seek independent legal advice on. He can seek advice from a solicitor. Please see here for links to legal advice. If he is concerned about how data has been recorded or shared he could contact the Information Commissioner.
However, it is most important that your main focus is on the assessment of your daughter’s needs and any risks to her that have been identified. You may find it helpful to read our tailored advice and our information about child sexual abuse. During this process, your ability to accept the possibility of risk and to demonstrate your capacity to safeguard your daughter from any potential risk is being assessed as well as consideration of any risk of harm your partner may potentially pose to your daughter.
You are wondering if you can sue children’s services? I am not sure on what basis you want to do this. Children’s services have a legal duty to investigate if they have concerns that a child may suffering or at risk to suffering significant harm. This is why there is a child protection investigation. If you dispute the outcome of the investigation or how it was carried out you could consider making a complaint. But be prepared to continue to work with children’s services during their involvement even if you do complaint. This guide to working with a social worker may help.
Sometimes parents do take children’s services to court but they would need to have a compelling case to do so. We have some advice sheets here 5a) and 5b) which set out the circumstances when this may apply. From the information provided I don’t think this is a suitable option. If you wanted to explore this further you would need specialist legal advice from one of the services listed at the back of each advice sheet.
It may be better to focus on your current involvement with children’s services and try to address any concerns or recommendations they make so that you continue to keep your daughter safe and well in your care and so that their involvement can end.
You may find the Parents Protect website helpful.
I hope this is of some help.
If you would like to talk your situation through with an adviser please call our freephone advice service on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm. Or post again with any further queries.
Best wishes
Suzie
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