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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can DB take social services to court?

49 replies

BabySkates1980s · 29/06/2018 20:27

DB and his ex wife have a 4 year old child.

They separated when their child was a baby.

He would spend every weekend with his child fri-sun.

His ex got a new boyfriend, DB asked to meet him if he was going to be around their child. She refused saying her was being controlling.

It turns out he had a long history of convictions and violence and wasn't allowed contact with his own DC. His ex was fully aware of all of this and refused to separate from him despite warnings from social services and the police.

Social services got involved after worried neighbours said he was selling drugs from her house.

DB's child was put on the child at risk register because of his ex's continued involvement with the man. His ex requested social services not tell DB his child was on the register or involved which social services "because he'd take it the wrong way". They agreed not to tell him.

The relationship was violent and they regularly attacked each other. DB found out the extent of the situation after a YEAR from a worried friend of his ex.

He refused to hand his child back after contact. He contacted social services who informed him his child had been for a year and still was on the at risk register.

His ex's relationship ended with a very nasty violent scene with eased by his child.

He allowed the mother a visit, she ran away with the child and a lengthy court battle ensued costing DB over 15k.

His child now lives at the opposite end of the country as the court decided the mother had done enough to prove she was clean and wouldn't enter into any more inappropriate relationships.

We really feel this could have been avoided of social services had informed him of the risk his child was at rather than hiding it from him. Was this even legal? Can he take them to court?

OP posts:
kaytee87 · 29/06/2018 20:29

That's awful.

As for the legal situation, he will need to seek expert advice.

Rocinante1 · 29/06/2018 20:33

If he had parental rights, then he was entitled to know.
It is also part of his parental responsibility to be involved in decisions regarding his child's care, so he should have been involved.

If he can afford it, he should try. Everyone can try to sue when they fuck up.. And it would be great for future people if this was allowed to go to court.

juniorcakeoff · 29/06/2018 20:33

If he has PR he should have been told his child was on a CP plan. Has your brother got all the documents from that time? Advise him to complete a request under the GDPR for all the information held by the council regarding him. Is it possible that your brother's ex was a victim of DA from your brother, or could she have told social care that? Even so, they could have attended split child protection conferences e.g. one at a time. Does your brother have contact with the child now?

PilarTernera · 29/06/2018 20:42

What would he be hoping to gain from the lawsuit?

Yes, it sounds like ss messed up in many ways, but how would a lawsuit against the local authority benefit your db or, more importantly, the child?

BabySkates1980s · 29/06/2018 21:18

Yes we have seen all the social services reports as well as the court bundles. In the first SS report his ex says he's a great dad but that she doesn't want him to know because he will react badly.

OP posts:
BabySkates1980s · 29/06/2018 21:19

Yes he has parental responsibility, they were married at the time of the birth and he has always had lots of regular contact with this child

OP posts:
sockunicorn · 29/06/2018 21:45

What would he be hoping to gain from the lawsuit?

I would presume some of his 15k back and retraining for the idiot who made the decision not to tell him so that another guy doesnt go through hell and fork out 15k for the pleasure

ZibbidooZibbidooZibbidoo · 29/06/2018 21:53

His ex requested social services not tell DB his child was on the register or involved which social services "because he'd take it the wrong way". They agreed not to tell him.

Erm, I think something has been left out or misunderstood here because that is not how it works. He has PR, he will have been told.

He wants to take SS to court to what end? Let say he genuinely didn’t know his child was on the at risk register. What would he have done that he didn’t do straight away as soon as he found out? She absconded with the child after your brother knew he was on the at risk register. Your brother handed the child over to her. The cost of going to court would have happened either way. It wasn’t as a result of him knowing later.

ZibbidooZibbidooZibbidoo · 29/06/2018 21:55

He refused to hand his child back after contact. He contacted social services who informed him his child had been for a year and still was on the at risk register.

So he already knew social services were involved or he wouldn’t have contacted them.

BabySkates1980s · 29/06/2018 21:56

I have seen the social services report and went with him to one of the meetings with them. Nothing has been left out.

OP posts:
BabySkates1980s · 29/06/2018 21:58

He contacted social services because of the things he'd been told, only to be told they already had a file on his child dating back a year....

I would like some constructive advice for what has been a very serious situation and you are trying to pick it apart and insinuate either DB or I am lying.

OP posts:
ZibbidooZibbidooZibbidoo · 29/06/2018 21:58

And the report says “SW agrees not to inform father of SS involvement or child being placed on at risk register”?

BabySkates1980s · 29/06/2018 22:00

If he had know what was happening he could have prevented his child witnessing horrendous domestic violence at 4 year old.

OP posts:
ZibbidooZibbidooZibbidoo · 29/06/2018 22:01

constructive advice- he wants to take SS to court to what end? What is the basis of his claim against them and what outcome would he like to see from it?

ZibbidooZibbidooZibbidoo · 29/06/2018 22:01

He needs to sue his ex wife for that. She caused that.

juniorcakeoff · 29/06/2018 22:03

Has he been down the complaints route?

SunnySkiesSleepsintheMorning · 29/06/2018 22:05

The first step is making a complaint to children’s services and escalating it from there.

BabySkates1980s · 29/06/2018 22:07

No he hasn't been down the complaints route yet, perhaps that's the best way to do it? Really don't know, just cannot believe it happened and how badly wrong things could have gone.

OP posts:
NameChangeUni · 29/06/2018 22:08

As for the legality of this you need to hire an expert solicitor. No one here can advise accurately as they would need specifics eg the exact wording of letters, timeline of events, social services protocol etc. It may well be that they didn’t do anything wrong, only a specialist solicitor can really advise.

I very much doubt social services will be instructed by a judge to award you £15k....the uk doesn’t have ‘compensation culture’.

NameChangeUni · 29/06/2018 22:09

Wow you haven’t complained yet? That’s really the first step before court

Aeroflotgirl · 29/06/2018 22:10

God how awful, I am shocked they let her have the child back. Of course he should have been given that information, and by doing what the mother told them, they were not acting professionally. Definitely sue them, they have to be held accountable.

juniorcakeoff · 29/06/2018 22:11

Yes if he makes a formal complaint about not being informed his child was on a CP plan and not being invited, it might help to stop this happening to someone else, to ensure that particular social worker's practice changes and that CP chairs are making proper enquiries as to the inclusion of fathers, particularly fathers with PR who are having contact with their child. This should not be happening now.

juniorcakeoff · 29/06/2018 22:15

No one 'let her' have her child back - a mother with PR moved away with her child as she was perfectly entitled to do in the absence of a Court order saying otherwise, a father with PR applied for residence as he was perfectly entitled to do, and a (private law) Judge made a decision based on all the arguments, facts and reports available to him or her.

ZibbidooZibbidooZibbidoo · 29/06/2018 22:17

Indeed, so the 15k he spent in court was nothing to do with SS. He would have had to spend that anyway.

downinthedumppppppsssss · 29/06/2018 22:36

I would start with the complaints procedure. Go buy a diary keep a record
Of all calls from now on or send emails.

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