So there's an anonymous caller on my Social Service file, saying awful things....

[StarOfValkyrie]

are they allowed to keep records on me that were rung in by annonymous people?

It's a pack of lies btw, at the best very very bended truth.

yes they can and legally cannot remove it. However, if they have looked at it, seen you, or know you enough to say its a load of lies, they will put a note on to that effect.
HTH

They hate me. I believe with all my heart that it was them that made it up, because the details are such that only them or another 'professional' in the Local Authority will know.

It basically says that I am a trouble maker and will lie and do whatever I can to get money from them.

how lovely they are. In all honesty its unlikely to be a proffessional as they are not allowed to make annonymous referals,(from what i remember) as tbh they dont care if you hate them, there first concern is the child, plus cant see any child protection lead advising them that way either.
Any "friends" in the loose sense that may do it?
What did SW do/say?

No seriously, the only people that know the details in the phonecall are professionals and the only people to gain from the information being recorded are the professionals.

I wasn't referred for CP, someone just thought they'd phone and say that in their opinion I don't need respite so if I ever ask for it don't give it as I am a greedy grabbing pita, and that's about it.

And there is no-one on earth that knew I had had anything to do with SS, and there is no-one except the professionals that have any details about my domestic arrangements wrt DS' therapy.

Sorry, should have also said that I told IPSEA about it and they said it wasn't unusual behaviour, - so I'm quite convinced it is a made up record, but I was wondering if there was anything I could actually do about it.

Also, the record was made on the day I put in an official complaint against them.

Should they not have called me to give me right of reply at least?

How do I get this investigated? Official complaints?

Bloody hell star! This is dreadful. I cannot believe the shit we have to go through.

I never requested me childs school records because I was sure they'd be too upsetting. Now I'm glad I didn't.

This is truly shocking. Even by our SN MN standards. I hope that they can't let an anonymous call with no proof influence their decision making process? After all this is England we live in. Not Nazi Germany or communist Russia where dobbing in your neighbours was considered a good thing to do.

"there first concern is the child"

Call me cynical but I don't believe this for a second In fact I know it isn't the case - I've had HCPs admit as much to me. As a long term HEor I have first hand experience of the lying bastards.

I have no idea how/if you can get it removed, they're a law unto themselves.

Star im assuming you have a copy of their record hence how you know what is written.

Im also assuming that the Data Protection Act applies to them and they are only allowed to hold information which is based on accurate FACTS and not opinion formed on inaccurate info.

Data Protection Act 1998 states the data provider should correct, block, remove or destroy personal details that are inaccurate or contain expressions or opinions based on inaccurate information.

I would think 'Mrs Star is a trouble maker and will lie and do whatever she can to get money from them' is based on opinion, not fact!

I duuno Claw from what I've seen the law doesn't apply much to social services.

It's all tied up with the tribunal. I pulled ds out of school, and so just before a key response deadline to something CP turn up. They agree there is no case, but unfortunately I argue with their nonsense anyway coz they say stupid things like 'ds is eating his lunch at 3pm? Mrs Star, you need to make sure he has his lunch between 12 -2. That kind of thing, and I kind of go 'bollocks'!

And other things like 'I know you are doing the statementing stuff, but you need to MAKE time for your children' and also 'We've also heard that you have been disputing a number of professional reports'

and 'we strongly recommend that you put your ds back into school to meet his 5 outcomes and to learn about social interaction'.

And I argue with them and they get nastier and say 'I see you have unopened post in your porch, - so we'd like you to address that as a matter of urgency and give us a call when it is done' and 'you need to give your dd the MMR as you are risking her health' and even stupider things like 'you NEED to treat her cradle cap'.

sorry, gone into one there.

I think though that Social Service ARE allowed to keep any ole nonsense on their file. Probably the only thing I can do is write my own response to it which they will also keep on file. Hmmmmm. Don't really know where to get advice on this.

Can you tell I've finished my case statement?

Star, yep your reply to them is all to do with the tribunal and discrediting what they say. They might think the Law doesnt apply to them, the tribunal might think different, you have taught me well!

Im having the same problem challenging an OT report. Report starts "This report constitutes his current needs" i point out you havent carried out a needs assessment, just one observation in school. They reply "the report is not intended to be a needs assessment, just a summary of information of one observation". Well, dont fucking say this report constitutes his current needs then!

Then school tell other professionals that i requested the OT report be shredded because im 'difficult'.

I can see how it spirals out of control.

YAY youve finished when is your tribunal?

No, the SS stuff won't be brought into the tribunal unless the 'professionals' want to hint that I am unstable and SS have been involved, but I doubt the tribunal will want to hear that.

The whole SS stuff is I believe, deliberate harassment to make it difficult to prepare and to put me under more stress. You wouldn't believe it would you, but IPSEA told me that it isn't unheard of.

Can't say when it is as that will identify me too easily (if not already identified ) but it's 'soon'!

Oh i see. Isnt it something like the social care council who are the governing body and can strike social workers off for not following the code of conduct etc?

THis is so scary and awful. Who do these people think they are?

Regarding the "five outcomes" I would be tempted to say:

"As a parent who has my child's best interests at the forefront of my intentions, I am perfectly capable of ensuring that I can ensure the five outcomes are met. Would you please refer to the legal criteria which states that achievement of the five outcomes can only be gained through a formal school setting and that, as a consequence, parental influence bears no relationship to said achievement of these five outcomes."

Section 19 of the Education Act 1996 provides
that, ?Each local education authority shall make
arrangements for the provision of suitable
education at school or otherwise than at school
for those children of compulsory school age
who, by reason of illness, exclusion from school
or otherwise, may not for any period receive
suitable education unless such arrangements
are made for them.? Local education authorities
(LEAs) also have the power to provide suitable
education otherwise than at school for young
people over compulsory school age but under
the age of 19.

publications.dcsf.gov.uk/eOrderingDownload/DFES-0732-2001.pdf

Tell the SS to shove that doc in their pipe and smoke it

Star how gutting for you. You must feel violated.

But, assuming that Tribunals work on the same rules of evidence as courts, this evidence would be inadmissible. It's just gossip and anonymous and cannot be admitted unless you were able to cross-examine the statement maker - it is hearsay - as it would undermine your right to a fair hearing.

If anyone tries to admit this statement into evidence, written or otherwise, refuse it (or insist it be redacted) on the grounds that it is prejudicial, it has no probative value, it is irrelevant and it is hearsay. That just about covers every rule known to lawyers!

I think Claw has a good point on the DPA. I would contact the Information Commissioners and ask them to advise further but you can apply for false information to be removed.

Claw is right I am in the process of asking false information to be removed from SS files at present.

bullet and wassup Thanks for those. They have contravened a lot more than just that though. The thing is, do I take them to town or do I just wipe them from my shoe?

And thanks so much for believing me too. Usually people always think 'well there MUST be a reason', 'no smoke without fire' and 'it is probably more complicated' 'she's biased' etc etc. But you lot believe that these kinds of things can happy.

Very sad really when you think about it!

There's the stupid thing about my DH doing his hobby instead of childcare thingy that some of you know about. Not addressed that yet either. I suppose I should do really. Next battle.

things can happen, not 'happy' obviously!

debs I don't think the nonsense that SS are putting us through is going to come up at the tribunal. I think the point of it is to stress us out so that we give up the tribunal iyswim.

I approach issues one at a time - I have a list of complaints to go through.
I believe you because I have been there to a degree(with all the carp from useless heads, SS and the statementing process, doing all the info for SENDIST for the LEA to back down last minute,idiot paeds, newly qualified CP's, teachers who don't know enough about SEN, forms, letters ect) and am still going through it myself. Thats on top of the day to day with 4 kids - 2 with known SEN one who we are not sure about and a DH.
The latest thing to happen is that the medical school which my daughter attends has invited carp head from primary school who discriminated against our daughter whilst she was at school while making her condition worse and who caused her school refusal for her secondary school transition meeting this week. Yes that will be a successful transition meeting when our daughter sees said carp Head there she will prob refuse to goto secondary next, fab job!!

Star, im in a similar position to you, things that are not put right have a habit of coming back to bite you in the arse!

I have found lies quickly gather paze and start to spill over into all sorts of different areas and have been detrimental to the support and help my ds has been receiving and the way we are treated.

Obviously you have to pick your battles, you cant take on everyone all at once. But certainly write and point out their inaccuracies and ask that they be amended.

I know you need this like a hole in the head at the moment!