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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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we are a Taxi firm transporting children under county contract. One

Customer Question

we are a Taxi firm transporting children under county contract.

One child aged 17 and in foster care makes accusations of inappropriate comments.

Comment 1 driver:- Morning Have you changed the colour of your hair.
passenger reply Yes they did it wrong and had to do it again.

Driver reply. It looks fine I would not worry about it.

Social services allege comment is inappropriate. Not upheld by the county and driver advised not to talk to passenger. Very difficult on a journey of this length.

Comment 2 which was not made is alleged to be as follows:-“have you missed college due to severe period pain?”

The young lady travels for 1 hour 45 minutes per day each way and is first in last out on a series of pick ups.

I believe she wants her own taxi.

We have been asked to remove the driver from the contract and this effects his income by £146 per day.


1) Is there an offence of Mischief and does this apply as it could have a serious effect on the drivers reputation, and I happen to be the driver?

2) If there is an offence is it civil or may I instruct the police.

3) Other firms have transported her in the past and I believe there is a history. As she is still a minor may I use Freedom of Information act to ascertain how many past complaints/ allegations she has made.

4) should our contract be cancelled and no offence nor misconduct has been committed of any kind, and we will lose considerable money may we use miss conduct in public office against;
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Were these comments both made by the same driver please?
Customer: replied 2 years ago.



I am the driver on this contract.


Comment 1 was made by me as a passing the time of day early morning exchange.


Comment 2 never happened. I have never asked any one including my wife and daughter about their periods

Customer: replied 2 years ago.

I previously replied.


The first comment was me.


The second comment is a figment of the girls imagination. the comment was never made. We were talking about football and music I believe

Expert:  Jo C. replied 2 years ago.
Sorry for the delay. I am having a few connection problems at the moment. Please bear with me and I will respond as soon as I am able to.

Thanks for your patience.
Expert:  Jo C. replied 2 years ago.
What do you mean by an offence of mischief please?
Customer: replied 2 years ago.

This young lady has now made 2 complaints one of which is made up and the other involving the colour of her hair.


I believe there is an offence involving mischief. she is causing me financial loss by her actions which I believe could be classed as mischief


I notice your time scale is wrong. Am I not dealing with the UK. If You are based overseas I wish to stop and have our money returned.

Expert:  Jo C. replied 2 years ago.
Sorry but I'm not sure what you mean by mischief?

Do you mean making false allegations?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.

She has made no reports to the police? I know that she is a dangerous young lady but at this stage she has made no reports to the police?
Customer: replied 2 years ago.

No She has made no complaint to the police. The whole point of my question is that she is making false allegations to social services, by Friday night I will have lost £500 due to lies of a teenage girl.


My question always has been centred round "is she committing any kind of offence by making false allegations" and if so what are my remedies?

Expert:  Jo C. replied 2 years ago.

The difficult that you have is that she just plain has not made any allegations to the police. I do realise that she is a disaster waiting to happen and no doubt it will not be long before she does take that action but she has not done so. Until she does, or lies to some other court, most of the offences will not apply.

There is an offence of perverting the course of justice committed by making false allegations but there has to be a course of justice to pervert - e.g she has to make allegations to the police or some other prosecution authority.

Similarly waisting police time would need to involve the waisting of police time.

The very highest point here is a defamation. Clearly these are defamatory statements. She is making allegations that imply some form of suggestive conversation towards a 17 year in care and that is defamatory. Defamation though is a civil action which is very expensive and a 17 year old in care usually does not have the funds to pay the award.

Another option that you could consider is suing her in civil harassment. She is plainly liable to that. You will find a very informative article on that point here

However, a much better option in the short term is just simply to write to all interested parties saying that you are not willing to transport her without an adult professional chaperone present because she makes false allegations and you need to protect your drivers.

At the moment, the attention will be upon you. You need to turn it around upon her and her pernicious allegations.

Can I clarify anything for you?


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