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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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HI, I am after advice as to whether or not I have a strong

Customer Question

I am after advice as to whether or not I have a strong enough case against a couple who are trying to ruin my family.
very briefly before christmas last year she set social services on us claiming that then 5yr old tried to sexually abuse her son who was 4. she also implied that suspected my husband of some very unsavoury things with our kids.
after a long investigation which involved 2 social workers they closed the case as they where very happy that we are a very happy normal family.
these individuals are now starting to spread around that my husband is pretty much fiddling with our kids and that I am hurting them. it is all total nonsense but unfortunately a very select few are believing their lies and am very worried this is going to escalate.
I have strong evidence that this woman has set social services on a child minder in the village before, which also turned out to be total nonsense and that she is constantly trying to muddy other families reputations (albeit not to this extreme level).
She is not showing signs of letting up and I am getting really worried for my family.
I am already looking into trying to take them to court but thought I would ask your advice before going to see a lawyer.
I hope you can help as this is such a mess.
take care
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.
It depends. Do you have any evidence that these allegations are false?
Customer: replied 2 years ago.

hi jo

we have an investigation done by social services and they found no evidence of any of this,but apart from that it would just be the word of people that know us

Expert:  Jo C. replied 2 years ago.
Yes, but is there any evidence that this is false?
It is one thing to show it was disbelieved and another to show it was false/
Customer: replied 2 years ago.

How exactly do you prove it to be false. Social services didn't believe it and apologised to me for having investigate us both

Expert:  Jo C. replied 2 years ago.
Well, there could be lots of ways. Cast iron alibi, a confession from her etc.
The truth is that allegations of this kind are very difficult to disprove which is why they have a much higher rate of false reporting than for every other offence.
If the only report was to social services rather than the police then that doesn't amount to perverting the course of justice anyway. It could be a malicious communication but the police are unlikely to act. There are lots of good and bad reasons for that. One option is to take out a private prosecution against her. There is cost in that and you always run the risk that CPS will take it over and drop it but it is often worth doing anyway. The fact of the prosecution is recorded in their PNC and revealed on enhanced checking and I think it helps to build up a picture of them as a vexatious accuser. I have never been prosecuted for making any false allegations and I think most normal people have not.
The other alternative is suing for defamation but that is expensive. Since there are repeated incidents you could sue for harassment which is cheaper. You do have to satisfy the court on the civil standard that the allegations were untrue though.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thank you. Could I please ask what a private prosecution is?

Expert:  Jo C. replied 2 years ago.
It is when an individual brings a prosecution. It is actually surprisingly easy to do. The RSPCA do it all the time. People should do it more often with offences like this.
The trouble is that offences against public justice are just not prosecuted very vigorously. If the same potentcy existed in CPS for the pursuit of false allegations as it does for the pursuit of rape then I suspect more than 50% of accusers would find themselves in the dock. They get away with it because CPS are very reluctant.
However, there can be a private prosecution. The problem is cost. Also, you have to prove that the allegation was untrue although I suspect that sometimes that would be possible.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

You've given me some things to think about. We are not concerned about the cost if it silences her and stops her from doing it to other people. People like this make me sick. I really appreciate your advice thank you


Expert:  Jo C. replied 2 years ago.
No problem.
All the best.

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