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    I need a soliciotor to take the social work department to court for damages

    This message may appear in several forums over the next week or two. I am using every means at my disposal.

    I need a solicitor after 6 weeks of what can only be described as a farce.

    A social worker 'positively' identified my partner 'slapping a strangers child full force across the face'. The police have investigated this and determined that it indeed was not her. However, for the past 6 weeks my partner of 18 years has had nightmares of our kids being taken away and worried about her career prospects, along with other factors that have played their way in this. They have forced my partner and children out of our home on at least one occassion for reasons that defy logic. They have also lied to us on at least two occassions.

    In a nutshell I now want to seek damages and make this case as public as possible.

    I want to know if anyone can recommend me a good solicitor that can deal with this, I live in Glasgow.

    123 Comments

    citizens advise centre - go and see thme ring them first

    If you want to make it public, go to the papers.

    good luck with anything to do with social services...i have seen solicitors and my mp and we have got nowhere.
    If i had the time and energy and didnt mind them publicising the kids involved i would be going to the papers as Foxy says. I would think its your best plan.

    Banned

    This is a case where you need a highly specialised solicitir due to the complexities involved.
    Loook in the yellow pages for solicitors who specifically mention this or failing that medical negligence cases as they tend to be similar.
    Or go through back copies of your local paper and see if there have been any cases and which solicitor was representing them.

    You can also search on the law society site
    lawsociety.org.uk/cho…law

    SuperEd

    Ange Travels

    People like you make me feel sick. Never mind spending money taking … People like you make me feel sick. Never mind spending money taking childrens services to court. Try spending the money looking after yu kids properly. And in case you have not noticed this site is for UK hot deals...go tell it to the fairies.



    YOU NUMPTY.

    Give you local paper a ring

    Banned

    You have no chance of suing a government department, let alone an individual (the case here). People make mistakes in identification but you cant sue them for it lol

    Banned

    whatsThePoint

    Hope you've got deep pockets to pay the legal bill


    too right - expect a bill in the thousands before you even get to a court and no chance of legal aid regardless of your financial circumstances

    Did they find who it was or was it more of a case that they couldn't prove guilty, not that they proved innocent?

    Money won't erase the past, go to the press if you want to expose their incompetence and push for a full apology.

    maxclifford.com/Sto…ies

    If someone like him deems your story worthy he'll definitely get it in the papers for a cut of whatever they wish to give for the article. Having someone like him on your side would get a lot more coverage as well.

    lol max clifford the biggest dick on the planet

    numptyj

    lol max clifford the biggest dick on the planet



    Who better to have in your corner. (_;)

    Holy thread clean up Batman!

    Original Poster

    Going to the papers is the last action I will be taking, I was thinking the case might publicise itself.

    The police are 'more than satisfied' it was not her. If the push came to the shove our building is secure entry and fully camerad up and she used her card to buy groceries at least once that day. Where the incident happenned it is not part of our local bus network and is around 1.7 miles from where we live (according to Google Maps) and we dont have a car. However there is a free bus that the supermarket provides but you cannot just use it to get on and off where you want or they will just bar you. Since she is a regular she would be recognised.

    The party identifying her said there was 'no doubt' it was her, especially since the had been in a meeting together that very morning, very coincidental. She is also my daughters case worker, my daughter has aspergers. This person was supposed to be helping us get more help for our daughter, this is how my partner was 'positively identified'. Another coincidence is that she went and used the free bus service directly after the meeting, her card would show that it was impossible, assuming this is the timeframe, for her to have been able to get on the bus, then off it with someone elses child and then get back on it without the child, get the shopping and make it home.

    Its probably worth mentioning that a school got all her background checks done so that she could volunteer there, this entire case put her career choice at risk.

    I believe that the fact the police have recorded the statement makes it a libel case for the individual and the way the social work handled themselves ie saying that 'they had powers under the child protection act' to us when they clearly did not, threatening us with putting the kids onto the child protection list, forcing her and the kids out of the home for whatever crazy reason that was (seeings as it was supposed to be her that was abusive towards a child!), intimidating us and lying to us makes ... I dunno. Sounds like an abuse of power and harrassment to me.

    Look at it this way, if I went to the police and said 'I can positively say that I could positively identify 'person x' kicking a dog around the street and that street had a camera in it and they checked the recordings and didnt see it, what would happen to me? Because this person, regardless of position, went to the police and accused my partner of child abuse and said they were 100% sure it was her.

    Its libel, so its not for us to prove she didnt do it, its up to them to prove she did and thats why they made the statement and having a police statement is probably better than having it on video.

    As for fees, thats what 'no win no fees' are for.

    Thanks for the link colin.

    Goonieman

    Holy thread clean up Batman!



    Yeah, I wonder which one of them it was.

    If she doesn't have anything written down citing the incident, it's not libel, but is termed as being slander.

    Sounds like they're stepping over their mark making accusations like that, but then, there's always more than one side to a story - not denying anything you've said here - but that's something in my job I've learned from making mistakes.

    What do you mean by 'forced my partner and children out of our home on at least one occasion for reasons that defy logic'?

    Do you mean they came and searched the house?

    Original Poster

    moob

    If she doesn't have anything written down citing the incident, it's not … If she doesn't have anything written down citing the incident, it's not libel, but is termed as being slander.Sounds like they're stepping over their mark making accusations like that, but then, there's always more than one side to a story - not denying anything you've said here - but that's something in my job I've learned from making mistakes.



    The way I read it if its recorded on any medium, in this case in the police station whether its notes or on tape. Or it is said to a thrid party, this would be the police and other social workers she would have to discuss it with like her team leader and line supervisor, then she would also need to write up a report. Funnily enough if she had walked straight up to her and said it her face there is nothing you can do. I also read that in Scotland there is no real difference between the two. out-law.com/pag…624 According to that they need actual proof they had justification to say it. Unless they had a camera with them and took a photo of the person and this proves they looked identical to her, then I dont see how they can have any proof.


    whatsThePoint

    If it was all sorted in 6 weeks,i can't see it being worth a no win no … If it was all sorted in 6 weeks,i can't see it being worth a no win no fee's companies time



    Not over yet, we still have another meeting at some point in the future to determine whether or not the kids are to be put on the at risk register. Its only over as far as the police are concerned and that only happenned on Friday.

    Supermod

    Why not just do the work yourself and telephone a solicitor instead of posting this all over the internet?

    You would struggle to get a solicitor to agree a "no win no fee" arrangement for this type of work.

    Plus, this would well cost anything up to £25,000 and if you "lose" you can expect the other sides costs to be similar. If this is a point of principle it is going to be an expensive one. One that can be dealt with by an apology.

    Original Poster

    Ungreat

    What do you mean by 'forced my partner and children out of our home on at … What do you mean by 'forced my partner and children out of our home on at least one occasion for reasons that defy logic'?Do you mean they came and searched the house?



    Six weeks ago the social workers came to the house and told her and the kids they HAD to leave. They actually still wanted this right now as an ongoing arrangement. When I asked them what options there were they told me that either I left, her and the kids left or "we have powers under the child protection act." We only found out on Friday why all this was happenning. We were clueless up till then simply because they would not tell us what the accusations were because it was an ongoing investigation. So for the past 6 weeks we have been worried about our kids and were never told why.

    The part that defies logic is the part where they wanted me seperate from her and the kids. If she was supposed to be the one abusing a complete strangers child, then why give her the kids? Its all too crazy. Also in the meantime they were questioning her asking her if I beat her and the kids, had I ever beat her, put her in hospital etc. I told her she should have said "yes he put me in hospital twice, it was when I was giving birth".

    Needless to say though, I done a jig when I heard what all the craziness was about. To accuse her of that is plain insane.

    Original Poster

    magicjay1986

    Why not just do the work yourself and telephone a solicitor instead of … Why not just do the work yourself and telephone a solicitor instead of posting this all over the internet? You would struggle to get a solicitor to agree a "no win no fee" arrangement for this type of work. Plus, this would well cost anything up to £25,000 and if you "lose" you can expect the other sides costs to be similar. If this is a point of principle it is going to be an expensive one. One that can be dealt with by an apology.



    Because Im wondering if anyone knows a solicitor that has done this sort of work.

    An apology doesnt really cover 6 weeks and counting of nightmares of having children taken away, constantly having it over your head and randomly bursting into tears over it. Lying manipulative scumbags shouldnt be social workers. Im not saying the social workers are like that, Im just saying people like that shouldnt be in the profession.

    Supermod

    Cackles

    Because Im wondering if anyone knows a solicitor that has done this sort … Because Im wondering if anyone knows a solicitor that has done this sort of work.An apology doesnt really cover 6 weeks and counting of nightmares of having children taken away, constantly having it over your head and randomly bursting into tears over it. Lying manipulative scumbags shouldnt be social workers. Im not saying the social workers are like that, Im just saying people like that shouldnt be in the profession.



    You wouldn't know until you start telephoning around. Go for a large firm as many small firms wouldn't touch this work because, with all due respect, it is too high risk and from what you have already said the prospect of success are slim.

    oh dear.............it really isn't work pursuing in the courts, you will end up lasting not only a lot of money but it will also take over your life

    best advice - let it go

    If you're in Glasgow, try the Govan Law Centre, they'll be able to give you a steer.

    I may be wrong but I assume it is the vague possibility of a monetary reward that is fueling this search for information more than anything else.
    If by chance I have got that wrong I apologise. There may be other avenues to persue if it is just a case of righting wrongs. You could maybe take it up with your local councillor for instance.
    Dont be sucked in by all of the headline stories in some red tops suggesting that every Tom, Dick and Harry has had a million pound payout because somebody looked at them the wrong way.

    Cackles

    Because Im wondering if anyone knows a solicitor that has done this sort … Because Im wondering if anyone knows a solicitor that has done this sort of work.An apology doesnt really cover 6 weeks and counting of nightmares of having children taken away, constantly having it over your head and randomly bursting into tears over it. Lying manipulative scumbags shouldnt be social workers. Im not saying the social workers are like that, Im just saying people like that shouldnt be in the profession.


    But money will? Why not complain to there superiors or your MP? or is money the driver here?

    Supermod

    Are you trying to make a quick buck?

    Go to a solicitor and ask their opinion, or even a few, they will know if you can win or not, or if you'll have a hard time, so go see a few and very rarely will they charge for a few questions.

    Banned

    A case such as this can only be dealt with in the high court so expect it to cost a minimum of £50k and that is conservative.

    Shameful.

    Go earn your money, instead of trying to get money for menial things. They gave you an apology. Accept it and move on.

    Cackles

    Look at it this way, if I went to the police and said 'I can positively … Look at it this way, if I went to the police and said 'I can positively say that I could positively identify 'person x' kicking a dog around the street and that street had a camera in it and they checked the recordings and didnt see it, what would happen to me?



    Nothing?

    Banned

    Or you could go on Jeremy Kyle!

    I am sure him and Graham would sort it!

    Banned

    lol @ everyone saying just leave it. Yeah I bet you would if it was your kids and partner it had happened to (assuming the OP is telling the whole story). I bet you all thought Sharon Shoesmith shouldn't have been sacked either.

    OP laws are different in Scotland but from an English point of view. This won't be easy at all. You will have to find a solicitor who has expertise in this type of matter, and knows which barrister to use. Don't expect any sort of outcome for years. You have no chance of a no win no fee solicitor either taking the case on, or even if you did, him being good enough.
    Unless you are extremely rich you will need to get legal aid, for which you will need a very good barrister's opinion, without that forget it. Also bear in mind, if you get legal aid, if you own your own house (or other substantial assets), then lose the case, they can take the house to pay all or part the legal bills. One test for legal aid for a case like this, unless it has changed, is, would a reasonable person, paying for it himself, go ahead with the action. For example, if you sue for say £10000, and the legal fees are likely to be £75000, then the answer would be no. So in that case you wouldn't get legal aid. Good luck, but being honest I think you will need it.

    As an aside, I sued the police a few years ago and really struggled to get legal aid, even though I had a barrister's opinion (one of the best barrister's in the country!) stating I had around a 95% chance of success, so that shows what you are up against I'm afraid.

    colinsunderland

    lol @ everyone saying just leave it. Yeah I bet you would if it was your … lol @ everyone saying just leave it. Yeah I bet you would if it was your kids and partner it had happened to (assuming the OP is telling the whole story). I bet you all thought Sharon Shoesmith shouldn't have been sacked either.OP laws are different in Scotland but from an English point of view. This won't be easy at all. You will have to find a solicitor who has expertise in this type of matter, and knows which barrister to use. Don't expect any sort of outcome for years. You have no chance of a no win no fee solicitor either taking the case on, or even if you did, him being good enough.Unless you are extremely rich you will need to get legal aid, for which you will need a very good barrister's opinion, without that forget it. Also bear in mind, if you get legal aid, if you own your own house (or other substantial assets), then lose the case, they can take the house to pay all or part the legal bills. One test for legal aid for a case like this, unless it has changed, is, would a reasonable person, paying for it himself, go ahead with the action. For example, if you sue for say £10000, and the legal fees are likely to be £75000, then the answer would be no. So in that case you wouldn't get legal aid. Good luck, but being honest I think you will need it.As an aside, I sued the police a few years ago and really struggled to get legal aid, even though I had a barrister's opinion (one of the best barrister's in the country!) stating I had around a 95% chance of success, so that shows what you are up against I'm afraid.



    saying leave it due to my legal expertise, and if it happened to me I would leave it

    Banned

    roryk83

    saying leave it due to my legal expertise, and if it happened to me I … saying leave it due to my legal expertise, and if it happened to me I would leave it



    I haven't exactly said it will be easy, and and I doubt the OP will get legal aid, but there's obviously a lot more happened than posted on here and it won't hurt to get a solicitor's opinion surely?
    When I had my case going, I had 5 different solicitor's in the north east say it wasn't worth it, no chance of winning, before I found a solicitor down south to deal with it (who is now the law society's legal aid manager)

    Banned

    tell your partner to get a grip and move on and put the whole thing behind her

    far less emotional hassle than taking up a protracted very expensive court case (which you would be bound to lose as no offence has been made except mistaken identity and hearsay).

    Imagine if people could be prosecuted for wrongful identification of a potential criminal.

    Banned

    csiman

    tell your partner to get a grip and move on and put the whole thing … tell your partner to get a grip and move on and put the whole thing behind herfar less emotional hassle than taking up a protracted very expensive court case (which you would be bound to lose as no offence has been made except mistaken identity and hearsay). Imagine if people could be prosecuted for wrongful identification of a potential criminal.



    To be fair to the OP I think its more whats happened since, the way things have been dealt with, and possible future problems that he/she is concerned about rather than a simple mistake.

    csiman

    Imagine if people could be prosecuted for wrongful identification of a … Imagine if people could be prosecuted for wrongful identification of a potential criminal.



    Have a read, might learn something.

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