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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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In child protection cases can a parent share confidential information,

Customer Question

In child protection cases can a parent share confidential information, e.g. social worker reports, with her agreed supporter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If the supporter is a lay adviser, such as a McKenzie friend or someone providing counselling services to you or the children then information can be shared with them.
Expert:  Clare replied 1 year 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.
What do you mean be "agreed supporter"?
i ask because in fact you cannot share information with a Counsellor - and if it is a Mackenzie friend then the issue would already have been dealt with
Clare
Expert:  Clare replied 1 year ago.
HiThank you for your question. My name is ***** ***** do my best to help you but I need some further information first.What do you mean be "agreed supporter"?i ask because in fact you cannot share information with a Counsellor - and if it is a Mackenzie friend then the issue woudl already have been dealt withClare
Customer: replied 1 year ago.
I am no more than a friend of the family in this case. The mother and I have communicated with social care that I (as a former lay magistrate and teacher) will be supporting her in all aspects of the case. I have no legal qualifications.
Expert:  Clare replied 1 year ago.
How far have the actions taken by Social Care reached?
Customer: replied 1 year ago.
The Child has Asperger's but SS falsely accused mum of Munchhausen's by proxy. SS added more and more false accusations and kept moving goal posts. After the 1st CP review they took a number of actions to indicate that they were preparing to take the child. The mum's response was to leave the country with the child and they now live abroad. SS are aware that I had seen the files on the case, at the conference and core group, and raised objections.
Expert:  Clare replied 1 year ago.
Do you mean that they raised objections or that you did?
Customer: replied 1 year ago.
They did
Expert:  Clare replied 1 year ago.
But the Chair allowed you to stay?
Customer: replied 1 year ago.
Yes, but I was asked to leave the review during the discussion of the social workers report. The report was written 5 weeks before the review, the SW (author) had failed to visit the mother and was sacked before the review. The report was historic, signed off as the work of a second SW (1st one being sacked before it was finalised) and presented at the review by a third SW. I was asked to leave on the grounds that I had not been police checked. The objection to me seeing the reports was raised at the Core Group when I presented evidence (an ISP from the school and an email from the council SEN department) when the school representative insisted the child did not have SEN (as did CAMHS at the Review). They didn't like me disproving them so objected to me having access to the files on the grounds that I might turn into a peadophile and use the information to get at the child.
Expert:  Clare replied 1 year ago.
Does the mother have any mental health issues (other than those caused by Social Services)
Customer: replied 1 year ago.
She took antidepressants after her mother died while she was fighting a case against her employer following an accident due to their neglect ( she was crushed, permanently damaging her spine and hips)
Customer: replied 1 year ago.
That was some time ago, she is no longer on antidepressants
Expert:  Clare replied 1 year ago.
So it could accurately be argued that she needs extra support in meetings
Customer: replied 1 year ago.
Good point, she was still on medication at that time
Customer: replied 1 year ago.
But to argue that would give them ammunition that the child's SEN is a result of mum's mental difficulties (Munchhausen's!)
Customer: replied 1 year ago.
Are you saying that normally I would not be allowed to see confidential files (as mum's supporter) but if she had mental health issues I might?
Expert:  Clare replied 1 year ago.
Correct.You are not her legal representative so you shoudl not have access to the reports.However IF mum needs extra support for reasons of mental health then it would be discrimination to deprive her of that (well that would be the argument that I would make)I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Thank you, ***** ***** been very useful

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