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Legal matters

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Is this legal or not?

7 replies

AMCC75 · 12/06/2021 23:17

Hello, I am after some advice (any legal would be great) for my family.
My family have a new EHS support worker. When she started on first visit stated all previous meeting minutes had been lost (previous support from early 2019 until closure December 2019) and was having to "start a fresh" as no real records could be found. A month later one set of minutes (TAF 2 - approximately March/April 2019) had been found, but these minutes have had ALL dates changed to November 2019 without the knowledge of anyone that was present at the time of that meeting. We know for a fact that these minutes are NOT from November 2019 and have proof from other services that can confirm this as well as digital proof of them being altered January 2021. This has been raised with the EHS worker but has been ignored and dismissed at every attempt to raise these concerns making us feel she knows they are false or worse she is in part or full responsible for falsifying this document.
My questions are, is this even legal to falsely alter these considering these are City Council Service run documents making them official local government documents? And what is the best approach in following up and being listened to and taken seriously about this? Because so far no one seems to be concerned about this or other things that have happened.

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Margaritatime · 13/06/2021 06:52

Write to the Councils Data Protection Officer and ask for the records to be rectified so they are an accurate record.

Faithless12 · 13/06/2021 08:10

Or contact the ICO. The loss of the data would constitute a data breach.

oystercatcher44 · 13/06/2021 08:14

You need to write or email. But an email followed up with a recorded delivery letter is your safest bet. Without a written paper trail there is a risk that your oral complaint will not be recorded and will be lost in the system.

AMCC75 · 13/06/2021 09:47

Yes we have been trying to keep a paper trail of all communications. This has proved difficult because main worker has spoke to her manager explaining you can not do conversations via email and has stated except the odd question all communication should be in person or phone call. This she states has been backed by her manager.
When we contacted manager for documents to be sent to us, the manager dismissed this back to the worker, which surprisingly we still have not received requested documents.
We had thought about complaints procedure but that just gets past to manager who has already proved very dismissive of situation.

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Margaritatime · 13/06/2021 11:36

They don’t want it in writing as they are in the wrong. After each conversation email them and cc manager stating following our conversation you stated/we agreed xyz and these are the actions/outcomes.

If challenged why you are emailing, state you need documentary evidence of what has been discussed/emailed as they have not corrected your records.

lonesome2night · 13/06/2021 11:44

No, it's not legal. You say EHS so I presume early help and support? (Please don't feel the need to respond - although "anonymous" MN is still a public forum). My advice would be to write to the Director. Explain as you have here - the records were originally lost, then found but are incorrect. Cite your evidence for this - if you have copies of them with the correct date brilliant, if not state the organisation (s) that do. Advise them that you have been incorrectly told that communication can only be by telephone or in person. You appreciate that there can be some concerns regarding security of emails; as such, you suggest password protected documents, or traditional letter. Whilst you are happy to have discussions, EHS is exactly that - supportive. It is not compulsory and should assist you, not create more difficulties. Sign off,
"I trust that I can rely on you discussing this matter with the relevant people, Name and Name. Whilst I am aware of the route for remediation using formal complaints and the Ombudsman I would much rather resolve this informally with your support."

AMCC75 · 13/06/2021 12:57

Thank you all for the advice, and if any more follows.

EHS - yes you are correct in the stated service.
The concerns about email they used was not security but the fact that it can not be understood correctly or responded in timely manner or have a proper flow. Below is last statement response by them written with names removed spelling was actual spelling used. This has been a constant when we ask for written or email things, but they have used email/text on numerous occasions for conversations and details/updates. Refusal is always when we have questions or concerns or want something in writing.
Contact with EH:
A: requesting email as contact; X reminded A she they had
discussed this previously and updated that she is happy to use email for passing some information- however doesn’t feel this is the best route for discissions, in case information takes days/ week to reply, a discussion in a tell call or face to face will have the constant flow, with an aim to support A as soon as possible as the family deserve.
X suggested that A can email X if having network difficulties, so
that X can arrange a home visit or meet A at the Centre (Hub).

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