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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience:  Solicitor with over 15 years experience.
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I am a British citien and my 16 year old daughter is an Iraqi

Customer Question

I am a British citien and my 16 year old daughter is an Iraqi national born in May 1997 came over as I my dependent in Oct 2012. My daughter made allegations in Oct 2013 that I burned her arms and I was conspiring with my sister to send her overseas to be killed. I was arrested by police and stayed more than 24 hours in custody. I was extremely stressed out and became depressed. The police confronted her by evidences and she confessed that she was lying regarding the burns and that she burned herself but she insisted that I threatened to kill her. She Told the police plenty of lies and I have hard evidences to prove her lies. She is now refusing to come back to live with me and i now with foster care. The social workers are not giving her back to me saying that she gave conscent and she is competent to do so to stay in care. and that I need to apply for her for indefinite stay or they will apply for her for asylum.
My question can I take my daughter to court? since she is considered to be competent to make decision then she should be able to go to court to pay for the lies she made or she would do even worse than that to many people later in her life
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Do you want to claim compensation or are you trying to stop her doing it to anyone else? I take it that the police have not charged her with perverting the course of justice.

Customer:

No they did not. I want to stop her doing this to anybody else. If I claim compensation she would not be able to pay. But I would claim if I know that I am going to be pid somehow

LondonlawyerJ :

There is very little that you can practically do in this instance. You have been the victim of a crime but the police have decided not to do anything about it. If they had charged her and secured a conviction then that would have been on her record and anyone accused by her in future would have been able to see that she had made false allegations before. This is the only real practical protection form future allegations that there could be on these facts but unfortunately the police have decided not to proceed against her. Your daughter has made a false allegation but if she has only done this to the police and there has been no broadcasting of the allegation there will be no actionable civil wrong that you can pursue. I know this is not the answer you were hoping for but it is the correct answer I am afraid.

Customer:

I have nor received an answer yet.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience: Solicitor with over 15 years experience.
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Expert:  LondonlawyerJ replied 3 years ago.
you could theoretically bring a private prosecution against your daughter but this would be very difficult and expensive. You would need to follow all the rules that a prosecutor needs to follow. It would very time consuming and potentially expensive if the prosecution failed.

You have no action for compensation in the civil courts.

The short answer is no you can not take her to court.

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