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Was pretty tough. They refused to allow me to bring my sister in for moral support and note taking - despite no mention of having reservations of it previously. I got a copy of one of the two interviewers notes.
I got less than an hour - as they double booked the room.
Despite this I got a lot of important information across. Three main issues I came across and I need your help with one of the points
1) Allegations of DV. I deny this and say that all DV occurred directly at me. Tried showing evidence, they werent really interested. In her notes it states I deny the allegations of DV but there is a PNC check to confirm it did occur. To date I have never been charged, cautioned and have a clear enhanced CRB. I have done the police recall of data....cant see it, an allegation may have been made but I am not sure how the PNC can state this.
- should I write to the woman asking that this is clarified ahead of the report - in view of the above?
2) Suggested that I should not have contact unsupervised and that we should use a contact centre. I think she looked silly when I said I have unsupervised contact twice a week. She then asked for an observation with the kids next week - which again will go against what she wants and what is fact.
3) Allegations of porn - watching it in the kitchen. I of course denied these allegations and said these were malicious allegations. I then got asked if I ever watched porn.....daft question really...but I stated fact and said with my wife 😉
Any suggestions on point 1???
I'm not sure, if you have done the police recall data and an enhanced CRB then I can't see how they have confirmation on a PNC check!
You could write to the officer to ask for clarification ahead of the report. You could telephone the police and ask them how a PNC check can come up with something that hasn't occurred and that it doesn't come up on an enhanced CRB or data retrieval. I don't know if you'll get anywhere but it's worth trying.
If you are unhappy with the officers response then take it above the officer that has done the report, to her manager.
I think that a PNC check will show call outs or calls made to an address or person so if it has been reported then it may be there somewhere just not on the subject access request but Im not sure.
You should ask to see the PNC check information and all of the information she is basing her report on which is what has happened in my case last week.
If she doesnt give it to you then the judge can request it to be made available.
Regards,
Dave
A call out is a far cry from DV though isn't it.... I don't have much knowledge of this though so let's hope Dave is right and you can get to see exactly what's been reported and are able to,refute it successfully!
In essence it appears she may base her report on unfounded allegations which is what was led to the judge at my hearing giving the social worker some sharp comments and requesting her to make the information that she based it on available.
I wonder if you can ask for it all up front or wait for the report and if the conclusion is based on unfounded alegations then point that out and request to see the information.
The judge may grant this as was in my case.
Regards,
Dave
...I've just been told that from September this year all PNC data for arrests etc where no further action takes place had to be removed.....so whatever is on there that they are referring to shouldn't be there anyway!
I wonder if it can be argued that given the change of law they can be disregarded if in there or whether as probably collected prior to September they can be considered?
what do you think Nanny Jane?
Regards,
Dave
I think it's worth arguing the case most definitely if there's something there that would now be removed, but they found it just prior to the changes to the PNC, then it's got to be put forward in mitigation, after all you could argue that the actual decision that it was unjust and needed removing was made months before.
Thank you NJ and me mate Dave :), reassuring words as ever. Do you have any link to this PNC from Sept. I will of course type it in google, but incase you have a good source of literature.
The joke is that it was her brother in law who is a copper who requested the police attend, not my wife. She realised she made it up and didnt give a statement and there were no obvious injuries. The police waited for me as I was actually bathing my child at the time of arrest lol......
Brother in law is being investigated by the higher powers for his naughtiness.
I have now drafted a letter to the cafcass folk asking them for a copy of the PNC and review what they write - an allegation is completely different to an actual offence. If it is documented as an offence it would have some serious career implications and more reason to throw the book at the naughty brother in law.
BW
Sorry Boycie...I was just informed this was the case?...my friend Paul told me if that helps.
Lol, thanks Jane...he told me that too, I might just ask the source....on the phone to 101 to shed some more light as we speak.....
So I probably didnt do myself any favours but after multiple emails between me and the senior service manager for the agency that "acts in the childrens best interest", I think they may be careful about the way they write about the PNC check. I have asked to make sure they get their legal team to check through it before they submit it 🙂
I think it should hopefully be considered to be documented as an allegation rather than anything else.
Fingers crossed for me.......
I think I have bored the cafcass senior manager into submission. Got an email from the cop shop saying that they are allegations no convictions and no charges, cautions or reprimands. I forwarded her a copy of this today and she replied to say thank you for passing information we already are aware of. 🙂
I then get a call from the police this evening to say they have amended the PNC so it doesnt come up - except in the additional info bit to say I was arrested for an allegation and no further action was taken. A small step to getting it removed but at least it solves the immediate problem out.
Good work Roy.....I bet CAFCASS hate you. 🙂
Your a real inspiration mate, on the ball and like a dog with a bone.
Youve given me and others great advice and support.
I will buy you beer some time soon....
Regards,
Dave
Thanks Dave,
I dont think I would have been able to do this without everyone from this websites help and support.
It was a lonely dark place 9 months ago - but sure and steady Ive come through I hope what is the worst of this and will always have a significant role in my childrens lives.
I think the mere fact we all pool in together throw a few ideas, get different perspectives and begin to see some good results is testimony to all of us.
Its amazing how so many stories although different and unique draw parallels and have a common denominator (or should I say demon-inator). Of the nuggets - I would say to anyone taking note - is that in time it should get better. They will throw everything at you initially and if you can keep it together and get past this youll be alright.
Pats on the back all round. Still not gonna say no to a beer though 😉
PNC ?
I have been arrested for dv allegation 3 times and no further action was taken against me The 3rd time I had scratches on me so can I get custody report from police to show this in court
I also had to call 999 one time when my ex was trying to kill herself one time [drama seeker]
You could raise a subject access request at your local Police station. Shows all information held on you in the computer.
Look at your local forces website to download the form and go to a station, cost £20 from memory.
You can request the details from your local force computer or national which goes to the Met.
Takes 40 days but is often done quicker.
Regards,
Dave
Thanks for the reply Dave
she is going to use the dv against me so if the police did not believe her can I use any of the information they provide against her with the text messages she sent to my parents saying she lied and was sorry
what can I request from them
Yes sure you can.
Are you representing your self or have a solicitor/barrister?
You could provide a copy of your subject access request as evidence from the Police computer snd print of or transcribe the text messages and include these in the court bundle.
Regards,
Dave
I am representing myself Dave and have no idea about the best way to prepare all the documents needed layout, format
what I can use what I cant use
im just going to try to show that most of it is lies
different stories to police and court maybe
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