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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I would like to get a copy of a phone call I made to Careline

Resolved Question:

I would like to get a copy of a phone call I made to Careline in Liverpool which they recorded. I have asked them already and they have refused saying 'it's now gone legal so we're not giving you a copy'. How do I now get a copy of this phone call that I made
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they would have recorded this?
Customer: replied 2 years ago.


Yes, particularly because they confirmed that it had been recorded.

Expert:  Jo C. replied 2 years ago.
What do you expect the call to prove or disprove?
Customer: replied 2 years ago.

I hope the call will prove that when I spoke to Careline Liverpool that I was seeking advice and that they informed me that no action would be taken based on the call.

Expert:  Jo C. replied 2 years ago.
Ok. That may or may not be binding. You will need to give me more information than that?
Customer: replied 2 years ago.

Ok... Not sure what you mean but I will give you some background as well that puts in into context:

I witnessed some children of my relatives playing and in my opinion their 'play' was extremely inappropriate.

I spoke with one of my relatives about it and my concerns were completely denied without even a second thought.

I then witnessed some more inappropriate behaviour and I was worried.

I did some research online and was directed to Careline Liverpool whom I phoned to seek advice.

During the phone call Careline Liverpool told me that their was nothing to worry about and they will not do anything based on this call.

A week or so later my relatives contacted me extremely angrily and informed me that Social Services had been putting them through hell and my family have now accused me of making false allegations and the family backlash is terrible.

As such I would like to get a copy of the phone call and let my family listen to it to prove the following:

1. That I was seeking advice about the things I had witnessed which Careline Liverpool informed me was 'nothing to worry about'; and

2. They informed me that no action would be taken based on this phone call.

Expert:  Jo C. replied 2 years ago.
I see.
I am really sorry but there is absolutely no point in pursuing this further for two reasons.
Firstly, they will not reveal this information as they are bound by a duty of confidentiality.
Secondly, even if they did, the point they are making still stands. As a result of your call, social services were informed. The fact that you may have been told that no action would be taken is a non issue.
Whether or not the allegation you made was actually false or just misconceived is another matter of course. Unless they propose to sue you that will not matter.
From the point of view of your family though, come what may, the phone call was the start of all of this.
In any event, there is no basis to get this revealed. Its too sensitive for a Subject access request and there is no legal action that can be taken so no right to demand it through the courts.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.

Hi. Thank you for the response but there are a couple of things that I don't understand...

1. what has the 'duty of confidentiality' got to do with it when I was one of the participants in the phone call ? I already know what was said

2. If someone records my phone call I believe I have a legal right to have a copy of that recording.

3. the fact that I was told no action would be taken is important for me and my family. It will not be used in any legal matter by me. The importance is personal and if required I am prepared to sign a waiver/disclaimer to that effect.

4. Are you saying that the sensitivity of what was said during the recoding allows Careline Liverpool to deny giving a copy of the recording to the person that made the call ?

Expert:  Jo C. replied 2 years ago.
1 Because you are describing incidents involving other people and you have an expressed wish of playing it to others.
2 No, that is wrong for the reasons I've explained.
3 For that reason, it cannot be obtained. You have no proper reason for wanting it.
4 Yes and no. It is one reason. The second is that you have no grounds for it because you have no ground to take legal action.
I am sorry but I'm afraid this is what will happen if you make allegations of this nature. Its the very reason that its important to only make reports if you are absolutely sure. There is just plain no remedy when things spiral out of control.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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