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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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Hi. I have just discovered that I am being investigated by

Customer Question

Hi. I have just discovered that I am being investigated by police, due to false complaints of threats allegedly made against me by a past psychologist who abused me in 2009 and is very upset that I have reported him to his professional body, for gross misconduct. His pre hearing assessment panel have already informed him of one and half pages of breaches of professional conduct and ethics and he is facing a formal hearing in May.

His response seems to be to slur my character and accuse me of threatening his safety. It is all rubbish, but the police haven't even bothered to inform me I am being investigated! No doubt they can claim my knowledge would interfere with the investigation?? Do I have any rights to have knowledge of what I am being investigated for?? I already tried to find out through a DPA request, but they used the old chestnut that can't have info during a live investigation.

My biggest concern is that the police contacted my ex husband of 4 years and gave him details, such that he has applied to children's court and had my rights to access to my kids curbed and only supervised contact is permitted for the time being. It is outrageous that the police have approached my EX and caused upset to my life and my kids lives. My ex is very clever and just tells children's court what I am investigated for to cause maximum alarm.

This is the second time in 2 years the police have approached my ex. Last time they said I was a missing person and contacted him to see if he knew where I was. He then wrote to children's court that the police were looking for me and I had gone to ground. All rubbish again. So part of my question is my rights and how I stop police from contacting my ex husband in the future. He has not been my next of kin or nearest relative for over 4 years after being prosecuted by the CPS for domestic violence.

Would really appreciate advice on my rights on both fronts and my right to report the true crime/investigation needed into the abuse by this psychologist and now false statements and accusations to the police. I was the victim in 2009 and I still am.

As you can imagine after 4 years in divorce my assets are all ring fenced, so I don't have the funds to afford legal advice at the moment. I have already spent £2ooK on child and ancillary matters and now act in person in child act proceedings.

I emailed TDC E at Wembley police station asking him to brief his supervisor to make urgent contact with me, but as yet I have had no response. TDC E wanted to know from my ex if I own a crossbow!! I have obtained confirmation from my archery club chairman that I only own a recurve bow. Crossbows are not permitted.

Many thanks. I would appreciate a speedy and efficient and effective response re my problem now and to prevent reoccurrence in the future. What my rights (if any) in this situation. I don't want to jump to the police complaints authority in a knee jerk fashion unless that is my only recourse.

L: 6/2/14
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Just to be clear can you please be specific about the questions you have about this


What are my rights to be informed by the police that I am under investigation.


Shouldn't have pressed the return key I guess. What are my rights to have access to the details of that investigation immediately ie before the investigation is closed and therefore I can gain access via a DPA request although even this is likely to be hampered by third party approval from the psychologist concerned; naturally he is likely to decline. What are my rights for reporting the psychologist nearly 5 years after the crime although very well documented and witnessed. Finally how do I stop the police contacting my ex husband about me every again for information he simply would never have as we are unconnected for over 4 years. I surely have a right to go about my life peacefully without fear of exploitation by my ex husband. Although I say ex husband we are not officially divorced yet as ancillary relief matters are to be finalised in FDR in March.

Jo C. :


Expert:  Jo C. replied 2 years ago.

Can you respond now?
Expert:  Jo C. replied 2 years ago.

Are you OK?

Can I help?
Expert:  Jo C. replied 2 years ago.

Are you able to respond?
Expert:  Jo C. replied 2 years ago.

I have been asked to respond to the information you have given me.

I'm afraid its bad news.

The police have no obligation to notify you that you are being investigated of any kind.

There is no reason to inform you until you are actually arrested or asked to surrender and indeed benefits in not doing so because some people would respond to such notification by fleeing the jurisdiction, interfering with witnesses and otherwise obstructing justice by secreting evidence.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 2 years ago.

Due to the delay in my ability to access your response, I have already established this information for myself, by approaching CID office directly.

The questions not answered are only of benefit now:


What are my rights for reporting the psychologist nearly 5 years after the abuse crime against me in Mar 09 and Nov 09? It is all very well documented, evidenced and witnessed.


How do I stop the police contacting my ex husband about me ever again for information he simply would never have as we are unconnected for over 4 years? I surely have a right to go about my life peacefully without fear of exploitation by my ex husband. Although I say ex husband we are not officially divorced yet as ancillary relief matters are to be finalised in FDR in March.


Kind regards


Expert:  Jo C. replied 2 years ago.

1 What crime do you want to report here?

2 You cannot do that. The police are entitled to make any enquiries they like in the investigation of crime. If he uses that information then thats a matter for him and it would have come out during the course of the family matter anyway if it relates to the welfare of children. I realise that you are not happy about what he has done but the family court have obviously found enough merit in his complaints to be concerned because they have reduced contact which doesn't happen for no reason at all.


In any event, if you are not fully divorced then he is next of kin whether you are happy about that or not. The only way to stop that is to divorce and even then the police would still approach him if they need his input.

Customer: replied 2 years ago.

After 4 years of discrimination by a District Judge in children matters; against me for having a mental health label; in favour of father as a male (probably the DJs token opportunity to give residence to a father and against the wishes of both children now 17 and 12) I have made an application to court to hear the discrimination case. Even then the DJ thought it appropriate to keep the case reserved for himself and preside over his own guilt/innocence of mental health discrimination!!! I recently requested intervention by the lead Judge in family division and now after 4 years case is being transferred to Circuit Judge level.

All contact has to be supervised based on claims by father that I am mental and dangerous despite 5 letters from Consultant Psych over last year at 2-3 month intervals stating I have no symptoms of mental health. The DJ ordered a report from a court expert again at father's insistence with me baring all the costs £3K!!. Fathers counsel argued a Consultant Psych opinion was insufficient and she was not qualified to comment in children proceedings. This is a repeat of a report 3 years ago by the same court expert who gave me a mental health label that is unsupported by any treating medical staff as my problem is a rare neuro disorder. The Judge has discriminated by demanding another psych report update concentrating on MH alone, ie no account of neuro disorder diagnosed in late 2012 after 8 years of having it. Symptoms mimic MH but this expert stated recently that because 1 doesn't preclude the other I must have both neuro and mental diagnoses.

Supervised contact is supposed to be 2 hours a week but my son cant cope with weekly separation and has declined contact, which as mum I support. Father got an order form the same DJ that police have to remove my son by force if he comes to my home. He has repeatedly tested it due to his need to see me, so the DJ attached penal notices and powers of arrest to orders if my son breaches them I get punished. My son started absconding after being assaulted by father but the next day the same DJ insisted he be returned to father by forc by police. My son is traumatised by police and inability to have staying or any unsupervised contact for a year whilst court faffed about ordering an experts report. Children's services are very upset at the emotional distress caused to my son but have to uphold the court orders. So we have child in need meetings where the only needs identified and discussed are those of the court not the child. CS have done an s47 report that stated they could not prove father had intent to harm my son, even though separation occurred due to father being prosecuted by police for domestic violence against me. The same DJ made an order where father can decide if I am depressed etc and can stop contact at a whim in practice. He upholds father's allegation that flies in the face of many different medical opinions. Since father and I don't talk, meet,email, correspond other than to coord kids birthday/xmas presents,father has nothing to base his layperson's opinion of my mental state on but the judge always acts as if kids were 2years old and vulnerable. MY son is now threatening to abscond again or end his life as he is living in fear of father. CS ay they can do nothing dueto court orders. They even have to seek permission of the abuser to speak to the child being abused. I have spent 2.5 years fighting for a return of residence, battling for contact, to have a Guardian appointed or Cafcass to be asked to be involved. The DJ denied all. After spending £160k in 4 years I gave up on Bedford Row counsel as this Judge was never going to find in my or my kids favour about anything.


My nearly ex husband has not been my next of kin - legally since Oct 2009 as I made an application to court then to out him legally as my nearest relative as well. We have nothing to do with each other BUT still the police go running to him. Even though this investigation is false and it is the psychologist who has acted illegally against me, using his false allegation as an opt out for his adverse behaviour in 2009, my ex immediately informs children's court to slur my name. I have no criminal record but my ex offered a bind over of a year in 2010 instead of the CPS prosecuting him on the day it went to magistrates court.


Is there no mechanism of stopping police contacting him??? Is there anything I can do about the false responses my ex gives the police to inflame their investigation?


So contact with kids is reduced because the DJ is a sexist discriminating pig and all solicitors and counsel recognise it's wrong but like children's services can't do anything and told me to stop wasting my money and act in person until I secure a new Judge.


2. Question 2. The psychologist in 2009 verbally abused me, shouted at me, approached within an inch of my face and spat in it and then showed me to the staff toilet area and pushed me in. I was severely depressed at the time and he was completely out of his depth in being able to help. It sent me to attempt suicide as I had been told by him that I was beyond help. My Psychiatrist, GP and replacement psychologist all confirmed this in their notes which I obtained a copy of as evidence to the hearing of his professional body.Formal hearing in May, hence his false allegation to police to try to discredit me. He has claimed innocence tohis prof body. I had a resolution meeting with him in Nov 12 to discuss his reckless behaviour 6 months earlier. His behaviour was even more bizarre whimpering like a baby and begging for forgiveness. When I told him I wanted a refund of the BUPA funds he had received for ineffective and adverse therapy he went ballistic and started to accuse me of exploitation. I requested repayment based on my solicitors advice before the meeting. I recorded the entire meeting in Nov 12 where he admitted abusing me emotionally, psychologically and verbally and after requesting repayment he disappeared and returned with a witness and U turned on his admissions earlier in the evening. He also admitted I was not the first client he had lost it with but said he has learned from it and sought additional supervision. I was so traumatised by his second outburst, though by the November I was 100% well that I was unable to do anything more than flag up to BUPA what he had done. In Nov 12 I found the courage to approach his prof body. I never reported him to the police but perhaps should have done. Is it too late to advise the police of his abuse of a vulnerable adult and exploitation of my mental health label (recurrent mild to moderate depression and anxiety)??

Are their time limits for reporting crime given I have alleveidence already and sufficient to move the case to CPS for review?


Kind Regards


Expert:  Jo C. replied 2 years ago.
The offences that you complain of amount to something under the public order act which have a statutory time limit of 6 months from the date of the offence.
Customer: replied 2 years ago.


Thank you. One final question = is there any legal right ie human right for either me or my kids to have a right to a relationship irrespective of father's wishes? Do we have a right to a family life? Or any other legal argument I can state before the circuit judge in March?

There is not one piece of evidence that I have been anything other than a 100% effective mother. No neglect, no abuse, no harm of any kind and all their care needs met? For some reason the theoretical/possible risk I pose is being upheld by the Judge all the way and despite having never occurred. In fact in 2010 I asked father to take the kids for half the school holidays as I had had both for over 6 months with no family to support me and my then 13 year old daughter has Asperger's Syndrome and is therefore intense and solipsistic. So, there is evidence if I feel unable to cope or in need of a rest I defer to father.


Does my son have a right not to be persecuted and traumatised by police based on a court order on ME stating if he gains entry to my home by any means, police can remove him by force - despite all evidence that I have no mental health problems for over a year?? If my son gets physically harmed in the process, as a child can he complain to court or police in any official way?


All recognise that despite residence to father in late 2011 in theory to ensure stability to my kids lives, in respect of my son this has been the most unstable and traumatising 2 years and has rocked his faith in all authority as in his eyes nobody helps and answers his cries for assistance due to emotional inability to cope, especially living in fear of physical abuse as well as emotional by father. This court expert is about to issue his updating report, but due to the wording of his remit by the DJ he would only consider mental health even though the symptoms are generated by a neuro problem of cluster headaches, that at times cause anxiety and depression due to the severe pain of the condition. This court expert has refused to correct all the errors he made in his original report in 2011 even though he admitted his errors and wrong assumptions on the use of medication prescribed ie purpose nothing to do with MH even though used predominantly for that purpose. Is this court expert obliged legally to correct his report that forms part of my medicl records? I made a subject access request to him 2 weeks ago and before he issues his latest report, as he clearly is going to merely rubber stamp his previous opinion and holds with the attitude he is more capable than a community consultant psychiatrist and a second opinion from a colleague verifying no Mental health concerns? The expert says he is exempt from Data Protection Act regs as he is a court expert and thatI have to gain an order from the court approving sight of his notes and my medical records that he holds. Is this the case or is he obliged to give me access to a copy of all? He is saying that the other party may have an equal right of access to my medical records - is this true since private and confidential and the judge already stated verbally (ie not in the order explicitly) that he had concerns regarding my rights to medical in confidence of my and they should be sent to the expert unopened, with opposing solicitor's not permitted to read or retain a copy of them??


Is there any general advice you can give me regarding how to approach the hearing of my application of multiple incidents of discrimination against me by the DJ and exploitation by my ex of a mental health label given only by a court expert and opposing 3 different psych opinions prior to original report in 2011 and now 2 more of the same opinion that opposes his as well as 2 neurologists stating MH symptoms are side effect of neuro problem now being treated successfully since 2012? Although other parents with mental health issues have residence of their kids and no contact problems, I appear to have been singled out that safeguarding processes are not applicable and despite my son coming up 13, is an independent traveller and lives with father in the next road to me is still deemed as potential vulnerable to emotional harm if I were to become unwell whilst he was in my care.


At what age (my son is noted by all to be very mature, articulate, desperate to speak to the judge in person and has written 2 letters to him asking why his life is hell) will my son have his right to be resident with me upheld in his own right irrespective of father's false MH allegations. Cafcass suggested to him aged 13 or beyond when my son asked them in 2011. Is this the case or just ssaid by Cafcass to appease my son's upset?


Does my son have any legal right to have a guardian represent his needs and wishes in court? This Judge declined at each of the 6 hearings in 2013.


Re the psychologist - can it be argued that he is abusing me emotionally and psychologically now by having given the police false statements of adverse behaviour by me, merely in an attempt to discredit me to his professional body by means of them investigating me, which all sounds very credible to other's especially as he is supposed to be a professional and me with a MH label lacks any credibility again


KInd Regards





Expert:  Jo C. replied 2 years ago.

There isn't a human right. However, your children do have a right to contact unless it is harmful for them. The court are clearly concerned that you present some form of risk at the moment but that doesn't mean it will carry on. Its got nothing to do with the father's wishes.


Unfortunately not. If a parent commits offences or behaves in a way that attracts the interest of the police then sadly children bear the consequences. In terms of physical harm, that isn't very likely but the police are allowed to lay hands upon people if they obstruct their role.

3,4,5, 6

These are all family questions which are not my area and were not what your original question was about so you would need to ask another question about them.


No, he is entitled to make reports to the police.

If those reports are false then that is an offence but you cannot force the police to investigate it. Thats for them alone.

Emotional abuse is not a crime in the UK anyway.
Customer: replied 2 years ago.



Who do you recommend I ask re 3 4 5 6?


When a question is posed on Just answer. law does it get assigned to the right legal specialism automatically? Would a different legal adviser be able to view our communications so I don't have to repeat info?



Expert:  Jo C. replied 2 years ago.
Just post another question in family law.

If you are on subscription then it should not cost any more.

You would need to type out a new question but you can summarise it into facts relevant to the family matter to get a quicker response. Probably an expert won't need the amount of detail you've given us as they can always ask for more information if relevant so there's no need to put yourself to detail.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Many thanks


Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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