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My Solicitors Data Protection Breach Has Cost My 11 Year Old Son Acces To His Half Siblings

7 replies

wkdlass123 · 05/07/2019 23:35

CAFCASS Officer called me today to inform me that, due to a very serious data protection breach my solicitor made, the Officer has had to write a letter to my 11 year old son explaining that he is no longer able to have contact with his half brother and half sister!!! I cannot go into too many details, however there was a 221 page document my solicitor was given permission to obtain by the court, however permission to share this with anyone other than CAFCASS was not permitted. The Solicitor sent me this document via email and we openly discussed it. I did not know I wasn't meant to be sent it so did as I was told and read it! Just before my last court hearing my Solicitor ceased to act for me as my LA certificate was revoked (issues with financial eligibility). At this hearing the court challenged who prepared the bundles. When I told them I did and the Solicitor handed over 1 copy refusing to pay for the other 3 copies, the shit hit the fan! Within the bundle was all the previous court paperwork AND the 221 page document I wasn't allowed to have. I was physically handed a copy over despite it being in the Court order that it was her responsibility to prepare the bundle. The Solicitor later sent the document to me electronically again thinking it may help having all the bundle sections to print as opposed to copy. The document contained very serious, sensitive information which was reported in the section 7 as "distressing to read". This information was not only about my ex but also his wife. When my ex's wife knew the solicitor was given permission to obtain this information she sent numerous emails to her reiterating she did not consent to that information being shared to anyone other than CAFCASS. The Solicitor sent to me anyhow and assured me I could have it. As a result my ex's wife is refusing to allow my son any more access to their 2 children in case I tell my son any of the information (which I would absolutely never do and have not done so!!!) and he tells his bro/sis. My son is very close to his Brother and Sister, and despite not being allowed any access to his Father by the Court, the relationship with his siblings has been consistent. My son has now been punished for this huge error. It was noted in the court order that I had seen the document through no fault of my own. I was ordered to delete all electronic trace and was ordered to take the original bundle (I was told to keep the 1 copy prepared by my Solicitor as my own copy) to the court immediately. I am absolutely not being accused of telling my son any of the information...and I have not. The details of the document are not at all appropriate for a child to read/be aware of. I have had to have Counselling since reading it. I am angry at both my sons step mother and Solicitor... but ultimately I need some advice on how I get justice for my son no longer being allowed a relationship with his family!? I will also add that when I sent my Solicitor a statement from an ex of my son's Father, detailing violence he inflicted on her, the Solicitor informed me that she believed the witness was her friend's daughter. It was a month after this that the document was obtained and shared with me. Advice would be greatly received... I am devastated for my son.

OP posts:
Collaborate · 06/07/2019 05:19

I don’t understand why you link the data breach with the decision by the other mother to stop contact given that your erstwhile solicitor was entitled to tell you the contents of the 221 page document and even show you a copy. The thing she did wrong (which is its own issue entirely, and looked at on your other thread) was send you a copy, but that doesn’t alter the dynamics of the situation as you were always going to acquire knowledge of the document‘s contents, and its the fact you knew about those contents that made her stop contact.

Iamnotacerealkiller · 06/07/2019 06:06

@Collaborate

Op was never supposed to have that information. It was given to her in disregard of the law of data protection.

No wonder the ex is pissed of it's just at the wrong person although it sounds like she is desperate that people don't find out and hates that you know. She may simply be trying to distance herself from you as she knows you know.

The only thing I think is to approach her directly with a heartfelt message. Apologising for your part (however unintentional) in what happened and trying to reassure her. Also reinforcing how much your son wants to see his siblings.

Collaborate · 06/07/2019 08:09

OP has deleted her original threads, but my very clear recollection is that it involved police disclosure sent on the usual undertaking that the solicitor would not give the client a copy, but would be entitled to discuss its contents with the client.

wkdlass123 · 06/07/2019 08:24

The Mother has made that decision based on the copy being sent. I don't understand why, hence I am angry with the Mother... and I personally think she is pulling this stunt to strengthen the chances of a compensation claim. CAFCASS told me that the letter they have written my son (She's not emailed it over yet) tries to explain that something tragic happened that is no one's fault and this is the result. I was not happy at all that CAFCASS were supporting her decision and seemed to have empathy when I already knew 85% of the info because the mother verbally told me and I have evidence in 4 months of text messages she sent me which detailed everything. I am going to ask CAFCASS to write in her next report that I would like the siblings contact ordered because me having that info changed nothing at all. I had the messages she sent me over 18 months and since then she has been allowing sibling contact, requesting contact for herself and the application the Father made to the court 7 months ago was for them to all have access. It's clearly to prove there has been 'injury' as result of the breach! Regardless the decision has been made as a direct result. CAFCASS are clearly supporting the mother on this one for some reason... perhaps forgetting I already knew and still hold evidence but in another format. This is such a mess

OP posts:
Collaborate · 06/07/2019 08:35

Is her child the subject child of these proceedings? If not the court cannot make an order for contact between the children.

Oblomov19 · 06/07/2019 09:19

What a mess. What does the solicitor say about the breech, that has caused this much damage?

New wife, (as does everyone) has the right to make any such decisions. Irrespective of legal case. Hope she sleeps well at night. May God have mercy on her soul.

wkdlass123 · 06/07/2019 09:43

Her children are not subject to the proceedings :(
The Solicitor went on holiday for 2 weeks and her final day away was the court date. She went back on 24th June. I've not heard a peep from her! I've not filed a complaint as yet however I will be.
She's not a new wife. They have been married almost 10 years. I expected better from her. The woman is a teacher and has failed to safeguard her own children by allowing him back into her family home, as well as playing games with the kids contact.
I'm sure she wants her compensation claim to be as strong as possible to pay off her IVA

OP posts:
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