Blinded by years old allegations against us

[powib38234]

Just recently found out that a section 47 enquiry happened 2 years ago in which an allegation was made against a "maternal cousin" , 3 of us fit that category, no names given apparently but we only found out because a family member is involved in a case that included our cousin. The section 47 report was unsubstantiated (of course it was!) and from reading it ,the things in there make no sense whatsoever nd apparently they were happy that she was not in any danger since we had no contact with her at that time. They never contacted us, told us anything. The police never got involved or talked to us. Nothing and we're only finding out because there is a case ongoing for visitation rights that includes the cousin. CAFCASS refusing on the basis of the unsubstantiated section 47 report.

My head is on mars, i genuinely don't know what to do here, i feel sick that the allegation was made and this is written down somewhere and furiously researching section 47 and local authorities.

Do I need a solicitor here? I want this removed or amended, the fact that they never told us is so weird and I don't get it.

How does this affect us now if we can't get it retracted or amended? Does this record pose a risk to us in anything related to children? Enhanced DBS checks, adoption, working in schools, custody battle with wives in future (god forbid).

I genuinely have never felt so completely blown off course in my life, I don't get how they can write this down, look into it then not tell us about it and give us a chance to clear it.

Any advice or knowledge of this area would be most welcome, i feel like we've been thrown into a different path entirely through no fault of our own.

 

[Ash]

I'm not sure what your situation is - are you in the middle of family court proceedings?

 

[powib38234]

No. A family member opened a case to have visitation rights and during this CAFCASS brought up a previous case that our cousin was involved in, a child arrangement order in which the father got custody. During this a section 47 enquiry was made and a false allegation was made against us. Our aunt (who has now been sectioned for mental illness) never told us about it either.

So we're only now, by sheer luck, finding out about this because of the recent case and so CAFCASS have to consider anything related to the child and the report is there. They are refusing visitation on this basis and only granting supervised contact at a center for the family member.

I am trying to be vague about the roles here since I know on this forum we're not supposed to be too detailed when it comes to this stuff.

But I'm not involved in family court or anything. I just found out about this through the family member.

My frustration is why we were never told of this inquiry, no chance to get legal representation, no contact, no police, but it is written down like its a fact and used in relation to this new case.

It also has consequences because of reputation damage, how do you fight this?

I'm not sure what your situation is - are you in the middle of family court proceedings?

 

[Ash]

I'm not sure to be honest, if it's historic.

 

[Resolute]

To my knowledge.

A Section 47 report is not a public record. DBS would not pick up on Social Services reports. As Child Arrangement proceedings are private, I'm not sure how reputations could be damaged.

CAFCASS have privileged access to SS reports. CAFCASS are also prone to bias against non-resident parents. There may be nothing of any substance in the report. A CAFCASS officer could recommend contact centre on a whim.

 

[powib38234]

To my knowledge.

A Section 47 report is not a public record. DBS would not pick up on Social Services reports. As Child Arrangement proceedings are private, I'm not sure how reputations could be damaged.

CAFCASS have privileged access to SS reports. CAFCASS are also prone to bias against non-resident parents. There may be nothing of any substance in the report. A CAFCASS officer could recommend contact centre on a whim.

Thanks for replying, since this was a long time ago, is there anything we can do here? Can we challenge it somehow or get it ammended? Is there any reason why we weren't made aware of these allegations at the time? Is it literally just because they couldn't substantiate it and they just didn't bother pursuing it?

My biggest worry here is if I move on from this without addressing it somehow (not sure I can) then somewhere down the road this report comes up in some capacity , I don't want my life to be wrecked by this, it already blindsided us and I want to either try to challenge in court if possible or at least know my rights when it comes to when/how this report will impact us in any legal capacity or background checks in future. It's a very ugly and disgusting thing so far removed from my life that I'm finding it difficult to process it and it's really messing with my head. I think I'm in huge shock and it keeps rewinding in my head.

 

[Resolute]

Assuming it is Private child arrangement proceedings, not Public. You should not know about the report. The family member who told you could be held in contempt of court for divulging material from the case.

I'm not sure what makes you think that information in a Social Services report could wreck your life. From what you have said: it doesn't even specify a culprit; it doesn't confirm that wrongdoing took place; the police were not involved. More importantly, it is not available for people to see.

I suggest you keep this very private. You should not really have information from your relative's hearing.

 

[powib38234]

Assuming it is Private child arrangement proceedings, not Public. You should not know about the report. The family member who told you could be held in contempt of court for divulging material from the case.

I'm not sure what makes you think that information in a Social Services report could wreck your life. From what you have said: it doesn't even specify a culprit; it doesn't confirm that wrongdoing took place; the police were not involved. More importantly, it is not available for people to see.

I suggest you keep this very private. You should not really have information from your relative's hearing.

CAFCASS divulged it to me because I was translating over the phone for them to the relative, that's the only reason I know and found out. So that's their problem.

But I will keep it in mind, appreciate the advice.

 

[mva]

Any thing in civil court doesnt show up in a dbs check

 

[mainstay92]

Resolute is right. It won't affect you as its a section 47 in private family law proceedings. You probably weren't notified previously as you didn't look for contact with the child and therefore family law is private and you wouldn't be allowed to know.