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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Social services were asked to provide a section 37 statement

Resolved Question:

Social services were asked to provide a section 37 statement to the family law court.
This was in respect of an application for a prohibing steps order for a child.
In the statement mothers medical history was mentioned and without permission the medical report added to the statement as an appendix.
At the court social worker handed the estranged husband a copy of statement AND a copy of the medical report
Is this correct
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
was the medical report ordered as part of the proceedings?
Clare
Customer: replied 3 years ago.

No

18 Months ago I was the victim of both physical and emotional violence from my husband. This caused our separation and because I was hospitalised my two children were placed on a child protection plan to protect them from my husband.

The medical report on myself was suggested by social services as part of the child protection plan.

The family law court requested only a section 37 statement from social services to assist them in a decision to grant the prohibiting steps order.

(my ex husband has previously taken my 12 year old son and refused to let him return to me)

Expert:  Clare replied 3 years ago.
Hi
Was the information in the report essential to the understanding of the Statement?
Clare
Customer: replied 3 years ago.

No

The social services should have undertaken a single Social worker assessment, but had failed to do so since the previous Adjournment.

It says in the statement that the medical report will be covered in the single social work assessment. Much of the medical detail was historical and is no longer relevant to the current issues.

The medical statement was added as an appendix

Expert:  Clare replied 3 years ago.
Hi
Have you made a formal complaint?
Clare
Customer: replied 3 years ago.

Yes Yesterday

We also made a formal complaint to them 3 weeks ago concerning other inaccuracies ( no response yet received)

Customer: replied 3 years ago.

Sorry not sure if message sent

The court hearing was yesterday and following unsatisfactory phone calls to social services an official complaint was made yesterday afternoon

Expert:  Clare replied 3 years ago.
Hi
was the medical report recovered from your ex?
Clare
Customer: replied 3 years ago.

No

we asked social services to do this we cannot approach him as we have a non molestation order in place.

Social services said they could not get the report back

Expert:  Clare replied 3 years ago.
Hi
When you say "report" - how long is it?
Clare
Customer: replied 3 years ago.

3 pages

Expert:  Clare replied 3 years ago.
Hi
Is there going to be a further hearing at all?
Clare
Customer: replied 3 years ago.

Yes hearing has been adjourned till August

Expert:  Clare replied 3 years ago.
Hi
If the medical report had not been ordered by the court and was not relevant to the issues in the report then it should not have been shared with the other side - and even if it was you shoudl have been warned so that it could be redacted (black penned) where necessary
Having said that your options are limited
You have already invoked the complaints procedure - follow that up to the highest level
At the next hearing ask the court to order your ex to return his copy
I hope that this is of assistance - please ask if you need further details
Clare
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