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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 725
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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There was sum child allegations was made against

Customer Question

Hi there was sum child sexual allegations was made against my husband which the police told that he had to have supervised contact until they investigated I said ok then they got bak after about 3 months and he said to me that no evidence was found against and they r closing the case but he still has to have supervised contact. Is that right
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Is this case still open to social services? If so have they completed a risk assessment?
You need to be guided by Social Services.
The criminal standard of proof is high - beyond all reasonable doubt. A family court only decides on the balance of probabilities (ie 50/50 - who is more believable then not)
My concern would be that if Social Services say it needs to be supervised and it isn't - you could be risking the commencement of care proceedings.
Kind Regards
Caroline
Customer: replied 1 year ago.
The case is closed by social services aswel and we r following the supervised contact but I jus don't think that it's right cos there was no proof against him
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If Social Services have closed the case - that's because they are satisfied that you can safeguard by supervising.
As mentioned above - just because a criminal case is closed - it doesn't mean that a family Judge, if asked by SS, might not actually find that something has happened and that your husband poses a risk.
There's no point risking care proceedings.
You should get back in touch with social services - tell them that the criminal case has been closed with No Further Action. Ask for a reassessment or approval that he is ok to have unsupervised contact. If you get confirmation from them then they can't criticise you later.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Please don't hesitate to ask if I can assist you further.
I would be grateful if you could rate my service. Happy to discuss further.
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok I will get back in touch with the social workers. The allegations were not true they were jus 2 kids in family who did it cos they wanted to go into care and they thought if they say that against my husband they will get somewhere but after they regretted doing that and admitted to they parents they jus made lies up the poilce has interview them 1 of them admitted to police that it was lies wat they both made up togther but police still closed the case with suprivsed contact which I don't think is fair cos our child is missing out on doing things with his dad jus cos someone made lies up and police has jus took they word for it police investigated for 3 months and found nothing but still we are being punshied and so is our child
Expert:  ukfamilysolicitor replied 1 year ago.
Thanks for the update - let me know how you get on.
Kind Regards
Caroline
Please rate positively - happy to discuss further
Customer: replied 1 year ago.
It was the police that said he needs to have supervised contact and then the social services said same and closed the case do I need to get in touch with the police aswel
Expert:  ukfamilysolicitor replied 1 year ago.
No just social services - ask
If they can reassess risk
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok wat reason shud I give the social services to reasses the risk
Expert:  ukfamilysolicitor replied 1 year ago.
On the basis that the criminal prose too isn't being pursued.
Kind Regards
Customer: replied 1 year ago.
Ye but the social services made the decision about being suprivsed contact because the poilce said he has to have supervised contact
Expert:  ukfamilysolicitor replied 1 year ago.
I doubt that the police will now says it ok for unsupervised - as they don't do risk assessments - that is the role of social services.
Kind Regards
Customer: replied 1 year ago.
Is there anything we can do change the police verdict
Expert:  ukfamilysolicitor replied 1 year ago.
If the police are taking no further action then you don't need to pursue that any further
Have you spoken to SS - what did they say ?
Kind Regards
Customer: replied 1 year ago.
But the police closed the case on basis of suprivsed contact does that not matter
Expert:  ukfamilysolicitor replied 1 year ago.
The police won't have decided not to prosecute just because you can supervise. You can try the police but I doubt they will be interested as the case is closed. You really do need to speak to SS to see if they will do a risk assessment.
If SS wont help then your husband could make an application to a family court so a Judge can decide.
Kind Regards
Customer: replied 1 year ago.
I think the police closed the case because they had no evidence against my husband that is wat they said they just said to us they are closing the case cos there's no evidence but he's gotta have supervised contact
Expert:  ukfamilysolicitor replied 1 year ago.
Morning
Please have a chat with SS and let me know how you get on.
Kind Regards
Customer: replied 1 year ago.
Ok thanku I will let u know
Expert:  ukfamilysolicitor replied 1 year ago.
Ok
Kind regards

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