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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I had an argument with my wife in early October and the police

Customer Question

I had an argument with my wife in early October and the police were called. She pushed me and I pushed her but it wasn't really about the physical side of things, more verbal neither of us were injured. She threatened to call the police unless I stopped shouting and I, stupidly, bated her. It was all very regrettable.
When the police came, she was in two minds, but they told her that she had to make a statement against me if she wished them to take me away. She did, and that was that.
The duty solicitor informed me that I would be charged with common assault unless I accepted a caution. I wasn't fully aware of the permanency of accepting a caution, but I did just to get on with things and get out of the station.
Social workers subsequently interviewed my wife and son three and a half months later. They then came to my house and saw us together.
I want to be transparent and get things over with as quickly as possible, so I agreed to the meeting.
Apart from the caution which I've just described, my only other previous concerned .127 of a gram of cocaine found on my possession in 2002.
MY MAIN QUESTION: The social worker had a long list of problems on my police record, however. There was an incident in which I had briefly been a suspect of using CS gas. I vigorously denied this and was fully exonerated after agreeing to take part in an identity line up. The case was dropped and that was the end of it.
About a year or two later, I was the victim of an assault and was pushed through a window. The culprit escaped and nothing happened.
My problem is that those two incidents were disclosed to the social worker in the police report.
I don't believe that it is fair as neither case went to court, I was found innocent of one and was clearly the victim of another.
Finally, there were two incidents of cocaine registered on my report and it was only one!
Is it legal for the Police to provide social workers with events that I was innocent of, and are they allowed to take these events into consideration?
How do I get the completely false second cocaine entry removed from my record?
I wasn't provided with a copy of this report and the social worker asked me to double sign a consent form so that he can check on my sons health etc with the GP and school. I signed but am now worried that the consent form allows the social worker to ask anyone and everyone questions about me? I don't particularly have anything to hide, but it's very invasive and unpleasant. Again, I wasn't provided a copy of that form.
Your advice would be greatly appreciated.
Many thanks,
Ben
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Do you have young children by any chance?
Customer: replied 2 years ago.
Yes I have a boy who turns eight on Saturday. He was woken by our argument but it was a one off and we have a very close family
Expert:  Jo C. replied 2 years ago.
Did your wife call the police by any chance?
Customer: replied 2 years ago.
Yes, she did on that night in early October. Sorry for delayed response!
Expert:  Clare replied 2 years ago.
Hi
My name is Clare and I have been asked to look at this for you
I am afraid that the Police are indeed entitled to release all the information that they hold - whether you were perpetrator or victim.
You can off course take up any inaccuracies with the police
You can also ask Social Services for a copy of the form that you signed - and yes I am afraid it always feels that way.
Please ask if you need further details
Clare

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