SS wont acknowledge the video evidence against them

[SSvictim]

Long story short and with no real details about my case and only my complaint.

I live in Scotland, for the law part.

Basically I have quite legally video recorded social workers, in my home, that are working on my case. The video proves that the workers have falsified what transpired and was said at the interview with them and what they entered into documentation. They have used their falsified details against my family, with great success.

The complaints department will not even acknowledge the complaint I put in or the evidence I offer. The Executive Director says that the complaints section has responded to it but they have not.

What can I legally do with my evidence? The SPSO cannot do anything about it except get involved on the administration side of the complaint, not the details of or why I am complaining. Just the fact they have not responded.

In a reply to an earlier complaint, before I had video evidence, one of their lines reads:

"It is of course possible that the workers have both misreported their conversations with you and falsified records."

Direct quote, no editing. I also feel that SS actions towards me since my initial complaint have been nothing more than retaliation.

I am just curious to know what I do to take this further.

@ SSvictim ... I don't know if "your case" relates to mental health or child care or both or neither. Maybe by writing to you saying "It is of course possible that the workers have both misreported their conversations with you and falsified records" the "authorities" are just trying to wind you up with a view to using your annoyance against you by saying you are uncooperative or beligerent or such like. I think it would be best if you make sure you have a friend or family member with you at any future meetings and video record those meetings as well. I'm not a lawyer but have "looked-up" quite a lot of mental health and child care law. I think the relevant Acts of Parliament apply in all parts of the UK, but would have to check to be sure.

@ SSvictim ... Re your comments "They have used their falsified details against my family, with great success" and "I am just curious to know what I do to take this further"

Depending on what they, Social Services, did and how important the falsified information was in enabling them to achieve their objective, I think you could file a claim against them in a court seeking an order ordering them to reverse their action(s) or pay financial damages. I think that could be via a Human Rights Act 1998 claim, within one year of the action(s) complained of, or via a tort (wrongful acts) claim, within six years.

SSvictim - you have made my heartfelt sympathy. Our dc had a problem with a paediatrician's method of examination. I made a verbal complaint afterwards that was ignored. 6 months later dc revealed some more information.

I formalised the complaint. We (dh and I) were put through hell and they blamed us, not a dr for not following bma guidelines (unfortunately 'not specifically excluding children') so it was up to him. They called the police and blamed us.

We were accused by a sw from child protection, in a meeting with camhs, of having made a false complaint ie the tort of malicious prosecution. They also disclosed things mentioned by dc in video evidence to camhs, and also to the defendant that were unconnected with the case, and broke rules of annonymity regarding victims of sexual offences.
The expert witness used also ignored the same bma guideline.

We took it as high as we could - except for a private prosecution, which we couldn't consider.

I've been signed off since - it was nearly 6 years ago, and dh has high blood pressure.

I wish you the very best of luck

@ tb et al :- I think you will agree that "the professionals" are good at looking after themselves and using our (taxpayers) money to do it! Their legal team will also use every dirty trick in the book, which I suppose is standard in all legal proceedings. I don't know what the situation is in Scotland, possibly the same as in England, but in civil proceedings, which is what I think your complaint would have been, ie it wasn't a criminal prosecution, there is no tort of malicious prosecution So that may have been a social worker lying, something some of them are very good at. But it is definitely true that legal proceedings are very stressful and should only be undertaken by people like me who actually enjoy getting down in the gutter with the social workers and having a good legal scrap!

Melvin - please post your history of dealings with SS - you sound like someone who posted a few months back who had I heard a dodgy history of losing children to SS.

@ Resolution :- I've only been a member of Mumsnet a few days so the dodgy person you heard about must be someone else.

melvin - please DO NOT post any details about your dealing with SS that might allow you to be identified. this is a public forum , anyone can read what is posted here

I think the point is, Melvin knows nothing. He has an agenda to bash social services.

I think if Melvin admits his kids have been taken into care, that will hardly identify him to the world.

i don't know how you have concluded that he has an agenda, unless you believe that service users don't have the right to complain, social workers never lie or that the system is perfect and mistakes are never make.

as to his comment that he enjoys a good scrap, most of the lawyers and experts involved in litigation woudl say the same - does that mean they have an agena to " bash social serices" too?

you are usually so measured in your posts, Resolution

Kristina - have you seen some of Melvin's posts on other threads? He's a conspiracy theorist nut job.

I try to be measured but some people can be so damaging and disruptive.

(sits in darkened room with large glass of wine)

Here is a 2007 video of Eric Pickles MP, now Secretary of State for Communities and Local Government, talking about Social Services and the Family Courts.

He says that many years ago he was Chairman of the Social Services Committee of a large Local Authority and was appalled by the partiality of files he saw. More time was spent trying to prevent people discovering what was in their file than trying to ensure the file was accurate. Allegations which had been proven to be false continued to be used.....etc

www.youtube.com/watch?v=ynf3eyfqrfM

Is melvin the new lucinda?

The same bashing if authority. Refusal to answer/comment on questions. Yawn yawn yawn

@ twodietcokebreaks et al :- Here's some hearsay video evidence for you. Child Protection Worker :- www.youtube.com/watch?v=RrS2qzk8S10

Yawn. Didn't deny you weren't lucinda though

Melvin,do you know this man

Crikey! What a nutter.

The children's reporter dropped the case and the SPSO may not have the powers to do anything.

I have proof that a social care worker was brought to my house specifically to identify my partner THEN an accusation was reported to the police over three months after the allegation date.

I have proof that my daughters school is at least 1.5 miles from the ficticious location a social care worker gave the police, a location that was verified by a senior worker on the case.

I have a statement that my daughter was injured in school and the accident 'may not have been entered into the book' and there is a record of concern to social work stating that my daughter claims I was responsible for the injury sustained at school.

All that and more recovered via court order and the video recoding I have.

Months later and I am going through procedure, but I feel it is ... time to resurrect this story.

Since then I can now prove that the second in command of Glasgow City Councils social worker department, has been lying for months.

Glasgow City Council have few choices left.

did the social workers know they were being recorded? if not it his highly unlikely the evidence can be taken into account as legally it is inadmissible as you have essentially entrapped them.

i obviously think their behaviour is appalling but legally I don't think there is much you can actually do.

and by "know they were being recorded", I mean before the meeting actually commenced, not you saying afterwards "by the way I have recorded this."

scarlettsmummy2Sat 12-Nov-11 11:28:37

did the social workers know they were being recorded? if not it his highly unlikely the evidence can be taken into account as legally it is inadmissible as you have essentially entrapped them.

i obviously think their behaviour is appalling but legally I don't think there is much you can actually do.

Please, just be quiet, you have no idea what your talking about, sssshhhhh.

Abusing people who are trying to help you doesn't make you look good.

I am unsure of the situation in Scotland but in England it isn't always easy to say whether or not a covert recording will be admitted as evidence. I know you recorded it in your own home but if you did not tell the social workers prior to the meeting it may not be admissible in England. In general it will be admitted in civil cases provided it is highly relevant, but the court will require full disclosure of the recordings to the other side (i.e. all of them, not just the bits that help you). However there are situations in which covertly recorded evidence will be excluded. And once the other side is aware of the existence of the recordings they may be able to take separate action against the person who made the covert recording. For example, even though the recordings were made in your home it is possible the rights of the social workers under the European Convention on Human Rights were breached.

If the evidence is as you say I would expect the court to admit it in a civil case but there are no guarantees.

But let me again emphasise that the above reflects the position in England. I don't know if it is different in Scotland.

yes, but how can you prove that they lied when the evidence you have recorded can not be admitted to any court proceedings???

I have a First in Law, and my strongest subject was evidence. I am sorry for what has happened but you have to be realistic about what you can actually prove, and right now, the evidence you have gathered would not be allowed into a court room, so the judge will not consider it. Yes, you can complain to social services but that is the legal position, it is their word against yours.