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Legal matters

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SS wont acknowledge the video evidence against them

66 replies

SSvictim · 27/02/2011 07:21

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.

OP posts:
scarlettsmummy2 · 12/11/2011 18:31

Social workers have no legal powers to remove children or even make changes to a childs care plan, all they can do is take a case to the family courts or the children's panel, but the ultimate decision is made by a judge or independent panel.

I would suggest you find out what your legal rights actually are and go down that route if you are unhappy rather than complaining to social services, who ultimately do not have the final decision anyway and can't change any plans that have already been put in place.

SSvictim · 13/11/2011 08:03

It is legal to covertly record in your own, within reason of course, like you cant set up a camera in your toilet bbecause that would just be like being a pervert.

Social workers had been telling me for months I was wrong in what I was saying, I was aggressive towards them, a whole list of things and too many to even list probably. So I recorded a meeting we had to see if they were correct and I was wrong.

When they started making up ficticious statements about ficticious discussion we had during the meeting I told them it was being recorded, I actually did them a favour in a way because I stopped them from further embaressment. They went away and told everyone, including the children's reporter, that I had said during the meeting I recorded that I had my ENTIRE HOUSE under surveillence and that I said I had erected signs warning of this and basically tried to say that I was some sort of voyeur and that this was breaching my children's privacy. They also then went ahead and renamed my computer room. They had been using the term computer room, its a big cupboard really, for months and then all of a sudden they are telling the children's reporterand school teachers and health care professionals etc. it is actually a room I had specifically converted to watch everyone in my home. So they were probably really surprised when the kids representative for the court proceedings requested it and they then shared it with the children's reporter.

It is up to a judge whether or not a recording such as this would be used, it is legally obtained. I also still have the original.

OP posts:
scarlettsmummy2 · 13/11/2011 17:59

i think this is obviously grey area, while it may be legal to record people in your home, that does not necessarily mean that a judge will hear the evidence, it is all subject to a reasonableness test and whether or not the social workers involved were treated reasonably.

I would suggest you contact a solicitor who specialises in family law if you feel social services have acted illegally, but like I said, only a judge or a children's hearing can change any decision previously made.

SSvictim · 20/11/2011 18:56

Ive already had my legal advice regarding the video. I am within my rights. Though I had not sought legal advice before I recorded the meeting, but I scoured Google using many different searches.

As for them being treated reasonably, well I dont see how they could have been treated unreasonably.

I just randomly recorded a meeting with them to see if the allegations they had already made against me were true. They were saying that I did not understand what was being said, that I was misremembering, that it appeared I was suffering from mental health issues and that is only for starters. They more or less said I was delussional, no wait, they DID say I was delussional etc. but retracted it at a later meeting with other professionals when I brought up what they said. They actually said they would never say something like that because they arent qualified to diagnose such things. So I recorded the meeting to see which of us was correct. Comparing their notes to my video, well, no contest really.

Minutes were taken by a worker during this particular meeting. The report and accounts that workers give are very different from the video recording. They have told me my video recording is incorrect, hahahaha, seriously, that is what I am up against. We sat in a meeting and I quoted from the video recording, they told me the video recording is wrong. I actually asked them if their notes were more accurate than a video recording and they said yes.

SWS actually instigated me recording the meeting by saying what they were. Ive had my evaluations/reports/whatever they are, done. Perhaps they would benefit from the same. Turns out Im not delussional or insane, my camera certainly isn't delussional or insane. I am no expert but perhaps them accusing me of suffering from mental illnesses is really a cry for help.

OP posts:
prh47bridge · 20/11/2011 20:00

Yes, you are within your rights to record the meeting in your own home. That is not the same as saying you can use the recording as evidence in court.

namechangetoprotect · 24/11/2011 15:29

I recorded all my dealings but have never advised any of the professionals of this. When I accessed all the medical records and compared their minutes of meetings and transcripts of phone calls it is more than shocking as OP has found.

My records contain total lies not just misinterpretations. They would quote mums says x when in fact my tape recording shows the total reverse. I am still unsure how to proceed with legal case as am not sure what notice would be taken of these recordings many of which were done outside my home.

In one meeting I was specifically asked if I was recording it and was told to do so was illegal so I think they were getting concerned about the level of lies told. I have no idea what the legality of the situation was but when you think you are about to lose your children I believe you would do anything. Our case was a huge miscarriage of justice due to a medical misdiagnosis and possible coverup of this.

NettoSuperstar · 24/11/2011 15:37

I've never recorded any of my meetings with SS, but wish I had as they are lying about me too.

SSvictim · 24/11/2011 19:14

prh47bridge, as I said earlier, its up to the Sheriff/judge. In a matter where the the future of an entire family is up for scrutiny though, I would think they would take this into account. I would hope so. After all, if the workers are so sure they are correct, what have they got to hide?

For the person that recorded their discussions, well my friend recorded his ex being abusive in the street when he was collecting one of his kids from her and that was used or at least the transcript of it was. I dont know the law in regards of recording outside in public covertly, I know you can do it openly. If you mean in their own offices, well you'll need legal advice for that one because as far as I am aware that is illegal and recording a telephone conversation without notification is certainly illegal.

Its not so much 'advice' that Im looking for here, it is to establish what people actually think of these actions and get other stories.

Right now as it satnds I could take a double paged ad telling the world what lies they told regarding video I have. What are they going to do? Take me to court and prove me right? I am not identifying the children or their school.

I think what some people may be missing is the fact that SS can and do act with impunity. Regardless of whether evidence obtained has been obtained legally or not the fact remains that there is strong evidence that people with the power to break up families are basically making up cases for themselves and they are harming the welfare of decent families.

One of the basics that people do not understand is the power workers have and the way which workers can use it. On video I have a few examples. One of which is the police investigated an accusation against my partner, a social services worker 'just happened' to see her strike a child, it was my daughter, it wasnt my daughter, its my daughter, its not my daughter, cant make up their mind ... "full force" across the face and they say it was 100% my partner. The police investigated this 'anonymous allegation'. Police were happy it wasnt her and what it boils down to is my partner would have to have been in two places at once, one of the two places would be at the school, witnessed by teachers and other parents or a mile and a half to two miles away committing the offence.

But SWS can ignore the police and any other evidence or witnesses and go on the 'balance of probabilities'. Therefore their worker will not retract the statement, so the statement still stands against my partner and basically, according to SWS, there just wasnt enough evidence to prosecute my partner. On video I asked them to explain what they meant by 'balance of probabilities'. I was told if a child is presented with genital warts to the police and even if the police have not got enough evidence to prosecute SWS can go on the balance of probabilities the child was sexually abused and take action.

Which is fine, I understand that completely. There is evidence of wrong doing so something must have happened. But I would imagine the proper way to do that would be to first get everyone associated with the child tested and investigated, ruling out as many people as possible but starting with whoever the child lives with as to not disrupt the childs environment unnecessarily. To be honest though, I think they would just go straight for the court order, that aside because thats just my thoughts on it.

So when I pointed out there was no evidence of any wrong doing like in her example and the police investigated and were happy her reply was 'I dont know, Im not a lawyer'. So according to the lead case worker she was working on a case she knew nothing about.

Did you know I have asked in writing several times what evidence the workers are referring to and they have not fulfilled one single request?

Did you know a worker claims to have been able to identify my partner, six weeks before he met her?

Did you know that the worker that made the police statement made up a ficticious location for my kids school? Move the school to the real location and her story makes absolutely no sense.

Did you know my daughter was injured at school, the injury witnessed by teachers and yet there is a 'Record of Concern' that blames me for the injury citing my daughter said I done it when I was drunk?

Did you know when a teacher explained this at a case conference, SWS did not document it? It has been recorded elsewhere though and not by me.

Do you have any idea how many of these 'anonymous tip-offs' are actually by social service workers like in my case?

Did you know the worker that made the the allegation was brought into my home specifically to identify my partner and THEN the police were informed.

I could keep listing things, seriously, I could.

Now if anyone can justify someone in a trusted position having to imply or fabricate to make their case, please do. Also almost, like everything, didnt happen until the second team was assigned to us. So basically they took the team that believed us off the case and replaced them with a team that just basically lied through their teeth. I noticed that after one of my solicitors said "there's months of nothing and then suddenly your case explodes". Thats what made me look at the timeline of those involved.

In a system that relies heavily on the balance of probabilities you cant just cherry pick the facts you want to use. But SWS in this case at least seem to have done exactly that as well as make up what they need for the rest.

OP posts:
SSvictim · 24/12/2011 10:24

TLDR?

Still, no argument against what IO said a month later and the fact is that the post I had earlier that was removed wasnt so much abusive but it was, I will admit, overly sarcastic. The person I was replying to was sounding far too much like a SW.

I suppose in short no one can really argue against what I have said.

OP posts:
RedHelenB · 24/12/2011 14:39

What ideally do you want to happen?

SSvictim · 28/12/2011 05:48

I want my entire case dragged out into the public. The facts I mean. identification is not required.

I want the people responsible to lose their jobs and pensions and any benefits.

With my accusations those losses should be the least of GCC's problems. The bigger problem should be the continued denial of the facts. if that continues, I am up against an entire govt. body that is tripping, delussional, screwed up in
the head.

Oh wait, I am ... quote me on that.

make no mistake about it, I am gunning right to the top.

I have this really bad habit too, I tend to achieve my goals.

Hello World :)

I got police evidence, sws own records ... not so much what I want, but more of what I can.

My goal really is simple.

OP posts:
ginmakesitallok · 28/12/2011 06:56

Scottish public services ombudsman?

RedHelenB · 30/12/2011 13:16

Are you still involved with social services? It is hard to say without knowing the full facts of the case but from what you say no one is in any hurry to reprimand the social workers involved? In which case they must think there is some justification for what happened? Sometimes banging your head against a brick wall doesn't always help & you need to decide what is most important to you "justice" as you see it or enjoying your life as it is now with your children.

In light of the baby P case, SW's understandably are going to err on the side of caution. A lot of people would have the attitude that if a few mistakes are made the other way it's a price worth paying?

RedHelenB · 30/12/2011 13:30

Out of curiosity, what time of day did your daughter get hurt at school?

STIDW · 30/12/2011 17:38

SPSO won't get involved if the matter has been dealt with by the courts.

The last time I heard of someone who was certain of their facts and went "gunning" for social services through the Scottish Courts, they were unsuccessful and recently had £400k+ costs awarded against them. The Sheriff, and on appeal the Sheriff Principal, were of the opinion the issues had been pursued aggressively and unreasonably, unduly complicating the case and causing unnecessary hearings. Very much a case of a party litigant being too near the trees to see the wood and self representation being a false economy.

SSvictim · 15/01/2012 02:31

It has not been the subject of court action and that is not the reason SPSO cannot deal with it.

This is fairly basic people. Only the local authority can deal with social work cases, look it up. I explained earlier Im sure. This means that they are basically self governing.

I'll ask a few basic questions, well one.

Do you think it is right my child was injured in school and it was blamed on me and social work wont acknowledge the injury happened in school and in fact ommited the statement by a teacher corroborating that the injury was sustained at school?

OP posts:
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