Talk

Flip

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

False allegations to SS about DC1 recorded on DC2's HV records: can I get them removed?

9 replies

WinstonDuncanSmith · 10/05/2011 14:15

I mean, I can't see why they were even recorded: firstly, they were proven to be factually and verifiably untrue and secondly, the form only asked for a list of 'siblings on child protection register', which DC1 isn't. But nevertheless, all the false allegations surrounding DC1 are now detailed on DC2 health records. Is there anything I can do about it? And realistically, what are my chances of getting this sorted out before DC2 is born (in aproximately 3 weeks)?

OP posts:

Report

WinstonDuncanSmith · 10/05/2011 15:55

Anyone?????

OP posts:

Report

WinstonDuncanSmith · 10/05/2011 17:46

OP posts:

Report

sneezecakesmum · 10/05/2011 19:37

Try contacting social services childrens department to ask why it has been recorded in this way when the allegations have been proven false.
To be honest all records of DC1 relating to child protection will be shared with the GP and therefore the HV. If it is part of their procedures (which it obviously is) siblings known to social services will be listed. I dont believe it is a register as such, just active and inactive cases. Whether it is possible to wipe these records (v. unlikely) or just ask for them not to be mentioned is a bit problematic though it seems very unfair to pass unsubstantiated records on. Speak to the CAB they may be able to give you advice. I agree its very unfair for false allegations to be left on your record like this.

Report

DillyDaydreaming · 10/05/2011 19:52

WDS - I am not a SW but am a HV. I know we get info sometimes from SS which will list all the children and are supposed to then file them in the relevant records. All I can say is if allegations etc are unfounded and cases are closed they just gather dust in the back of the records - I am sure some of the records in the filing cabinet in MY office will have some but the families are not "active" and I wouldn't even know they were there.

On the other hand I can quite see why you would not want them there and if the information is not relevant to your DC1 cannot see why they need to be kept in the records. I'd be inclined to ask the HV about this or even the PCT. If they still will not remove them (not sure why they wouldn't) then perhaps ask if you can write a statement to be attached to the info stating that the details do not relate to DC1.

It's difficult from the few details in your OP to know if this is good advice to you or not but I'd go with asking why the info is there and whether it can be removed first.

Report

WinstonDuncanSmith · 10/05/2011 20:10

Thank you both. I realise I have been a bit cautious with the details.

But the PCT have already told me that they legally can't remove any information already on DC2's file, even if inaccurate. I don't believe this at all, but am a bit lost as to what to do about it. The way it has been recorded on the form implies that DC1 is on the CP register, and he isn't and never has been.

OP posts:

Report

DillyDaydreaming · 10/05/2011 20:26

Oh WDS - I think you need advice about this. If information is factually incorrect then I cannot understand why it cannot bve removed. Obviously am not a lawyer - perhaps put this in Legal to see if anyone can advise you.

It just seems wrong if information is incorrect to say that they cannot remove it. I occasionally remove stuff from electronic records if I've inadvertantly saved incorrect info (maybe a wrong weight or wrong date etc). I am allowed to mark it in error and say why I am removing it - I think there is a ghost copy kept but it doesn't appear in the records to anyone.

Report

WinstonDuncanSmith · 10/05/2011 20:39

Er, this is the legal section!

I'm aware, though, that as you say, information can be changed. My surname has been spelt incorrectly at least four times on every conceivable official document and database (including this very PCT's) and nobody has ever batted an eyelid about re-entering it correctly. So why other basic factual information should be different, I don't understand. This isn't even about perception or disagreement, as I can provide watertight written evidence to prove the untruth of the allegations in question.

OP posts:

Report

sneezecakesmum · 10/05/2011 20:51

I would certainly look to 'amend' the records held by the GP and HV as suggested by Dilly.
I think its likely they dont remove unfounded allegations but they are inactive. I often phone SS for my job if I have concerns about a child and the social worker will report to me whether there are any current concerns and whether cases are dormant.
There are other instances of records kept despite innocence being proven (DNA) and instances where records were destroyed which would have prevented child murders (Ian Huntley). Its a bit of a grey area which youve just got stuck in.