Released On Bail

[Jimmybob]

Hi all,
Couple of questions I'll try and keep simple if that's OK as I'm helping a family out who have recently found themselves in a horrible situation.
1. How do Social Services work with police when investigating an alleged father daughter rape case considered to be weak where there is evidence that could disprove the allegation?
2. What does it mean when Social Services later write to the parents saying they have no further role to play and have closed their case?
3. Would both parents be entitled to see a copy of their assessment?
4. Would such an assessment be considered by the police in their own investigation?
5. The family in question have an exemplary record as well as the children at school. How would this be considered?

Many thanks in advance for taking the time to read this and for commenting.

[Suzie, FRG Adviser]

Dear Jimmybob

Welcome to the discussion board and thank you for your post. My name is Suzie, I am an online adviser and will be replying to you today.

As you have numbered the matters you are seeking advice on, for ease of reference I will respond in the same.

1) Children’s Services and the police have different thresholds. The police work from the Standard of ‘beyond a reasonable doubt’ and children’s services from ‘probabilities.’ Whilst the police may decide that threshold for a criminal investigation/conviction is not met and there is no further action from their perspective, children’s services may remain involved if they assess the child(ren) are at risk or potential risk of harm. I have added a link HERE to the Section 47 assessment process. This is a child protection enquiry assessment. Given the nature of the concern, this is the assessment children services are likely to be completing. If the child(ren) have been removed from the family home then care proceedings may have been initiated. I have added a link HERE to further information and guidance regarding this.

2) This means that children’s services have closed their file for the child(ren). That the situation does not require or meet the criteria for children’s services intervention.

3) Parents who hold parental responsibility for the child(ren) should receive a copy of the assessment once it is completed. Information may be redacted if there are safeguarding concerns. I have added a link HERE to our fact sheet regarding parental responsibly. I have also added a link HERE to our guidance when working with social workers which you may find helpful.

4) The police role is to investigate whether a criminal offence and been committed. They will carry out their own investigations regarding this. The police do work with children’s services and share relevant information to safeguard children. The link to the Section 47 enquiries above, explains this is fuller detail. If there are bail conditions in place, children’s services cannot override these.

5) The assessment process should consider all aspects of the children’s wellbeing. It should assess risk and potential risk and seek to understand the child(ren) lived experiences. The assessment should place the child(ren) at the centre of this process and highlight the strengths and limitations of their day to day lives. This will, of course, include the parenting they receive. The completed assessment should include an analysis of the situation with recommendations. I have added a link HERE to a document called Working Together to Safeguard Children 2018. It provides information and guidance on how children services should be working with professionals and families when there are safeguarding concerns.

If you have any further queries in relation to this please get in touch again, by posting on this forum or speaking with an adviser on our freephone advice line : 0808 801 0366, the lines are open from Mon to Fri (except bank holidays), from 9.30 am to 3.00 pm.

Best wishes, Suzie

[Jimmybob]

Many thanks for replying Suzie.

I have updated the family with your information provided.
The family have advised they haven't received any further information from SS about the assessment carried out. They are looking to chase this up but have asked if SS would withhold information about a child plan even though they had closed their case?
The good news is that the children have remained at home with the mother while the father is staying with his parents.
I've been told the 3 month bail period expires soon and the father is receiving mental health care because of the trauma of the false allegation. Will the police consider any of the above as well as their clean records?
I hear another statement is needed by the police from a family member. Do you think they will extend bail given the above?
The family are in a right mess so any bail extension will destroy the family further and is likely to lead to a loss of employment. Surely the police must recognise this if there is no evidence to support the allegation?

Thanks again.

[Suzie, FRG Adviser]

Dear Jimmybob,

Thank you for your further post.

You say that the parents have not received any further information from children’s services about the assessment which has been completed. As I explained in my last response, anyone with parental responsibility would have the right to have a copy of any assessment completed in regards to any of their children so I would encourage them to follow this up. You also ask if children’s services might be withholding information about a child protection or child in need plan, despite telling the parents that they are taking no further action. This would not be the case. If the outcome of the assessment was to recommend a child in need plan or a child protection plan then the parents would have been informed about this and would be part of the process of putting this plan together. If the parents have received confirmation from children’s services that they are taking no further action then they can be assured that there has been no recommendation for a child in need plan or child protection plan.

Family Rights Group provides advice and information about children’s services, but not about the police and criminal investigations. For this reason I am unable to answer your other questions. Unlock may be able to offer further advice and information – they have detailed information on their website and an adviceline, email service and whatsapp service. You can find these details HERE.

I hope that this is helpful,
Best wishes,
Suzie

[Jimmybob]

Thank you Suzie, for your response. I will update the family. They are happy for me to update this post as and when they hear more.
All the best for now.

[Jimmybob]

Further update from the family.

Police have extended bail for another 3 months as they are still waiting for the results of a mobile phone download.

The family are in a complete mess. The father has not been able to go back to work since the allegation was made over 3 months ago. He is still on sick leave and has been going to weekly therapy sessions because of his mental health has seriously deteriorated. He has even lost nearly 4 stone in weight.

How can this be allowed? What kind of criminal justice system do we have in this country? It seems the system is quite happy to see people suffer and families destroyed.

They have asked me to update this forum and ask if anyone knows or can recommend a good law firm or barrister KC.

Thank you for your support.

[Suzie, FRG Adviser]

Dear Jimmybob

Thanks for your updating post.

We are unable to recommend specific firms or barristers. However, please see the following links for how to find a solicitor and a barrister:

Law Society find a solicitor
Bar Council find a barrister
Direct Access barrister portal .

I hope this is helpful.

Best wishes

Suzie