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Who has more rights - us to know what has happened, or alleged perpetrator?

(7 Posts)
underthecovers Mon 08-Dec-14 19:30:56

Name changed for this, as its likely to come to court, and don't want it associated with my name.

We had a shocking knock on the door recently from the police. While investigating a staff member at a, lets say, preschool, for neglect and cruelty against the kids in the place, the police investigated previous places of work. At the previous place of work, our child's name has been mentioned as someone who was mistreated by this person.
I have asked for a copy of the portions of the statement made that include reference to our (young) child. I have said I am happy for all identifiers to be removed - although I know who is alleged to have mistreated them, I'm not bothered about who has made the statement. The statement was taken by the senior management team at the preschool.
I have been told it isn't possible to have a stripped out version of the statement, as it is a breach of the accused data protection. What are our rights to see the info held on our child? It is being held centrally, and so is not part of our child's file, I don't beleive.

Who is likely to have the rights? Us to know what has been said about our child, or the accused to privacy before it comes to court?

Sorry if that is slightly confusing. I've tried to strip out as much identifying as possible, whilst still giving the required info.

prh47bridge Mon 08-Dec-14 23:51:57

You have stated that the you know the identity of the accused. Stripping out personal identifiers is therefore irrelevant. It would still be personal information relating to someone you could identify. In my view the authorities are therefore correct that letting you see the statement may breach the Data Protection Act. They may also be able to argue that disclosing this information to you could prejudice the police investigation

If you are unhappy you should refer the matter for the ICO for a ruling.

MinceSpy Tue 09-Dec-14 00:07:48

Until the matter is investigated and any court case has been heard the only people allowed to see any statements or other evidence are those investigating and then the defence and prosecution. It's not to deny you information it's to prevent anything from hampering the investigation and trial.
You will be able to attend any trial. You should also get a,family liaison officer or victim support.

underthecovers Tue 09-Dec-14 09:17:45

Sorry, to clarify, I'm after the statment made to the preschool, not the police. Will the statement made to the preschool be classed as part of the police investigation?
By personal identifers, I mean the person who witnessed, not the accused.
So, how do we find out what happened to our (non verbal at the time) child?

MrsSquirrel Tue 09-Dec-14 11:32:49

Have you approached the preschool and asked them for the information?

HerrenaHarridan Tue 09-Dec-14 12:25:16

Hi op,

I appreciate how desperately you must want to know what happened.

The priority at this time must be that the integrity of the evidence is preserved.

After the trial you should be able to apply for copies of any evidence naming your child.

In the mean time if you're concerned about behaviour your child is displaying that you think my be connected I would suggest you look into play therapy. Drowning on your circumstances you may be able to access it through Surestart

underthecovers Tue 09-Dec-14 13:08:54

Yes, its preschool who have said about the data protection.
The police said to ask preschool.

Trial looking at being late next year sad just want to move on. Sounds like I'm just going to have to be patient.
Thank-you ladies.

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