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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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,last year there was a domestic at my house, I wanted to

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Hi,last year there was a domestic at my house, I wanted to end my relationship with my ex and he was not leaving my property and I rang the police and before the operator connected me my ex snatched the phone and told the police that I have hit him and the children and have gone mad. I was stunned and shocked at this and when the police came I was very upset. he convinced the police I had mental health issues yet I am a perfectly fine and fit working mother and the police just would not believe me. I told them he has history of drugs alcohol but they would not listen. he gave a false name to the police ( at that time I did not know until I read the fwin report) that's why when they did the checks they could not find anything on him and believed him. He convinced the police to give him the children and he wil stay at his sisters andl bring them back once I calm down, the police handed him the children with his sister agreeing to this however he then decided to keep the children. I could not afford court so I was forced to reconcile with him and then he forced me into giving him money and my credit cards as he said he will snatch my children again. due to this incident I was very fearful of him as he proved his point that if I leave him he will take my kids the children were with him for a week where I had no contact, I complained about the police officers but there seargent backed them up. I went to the police they said it is civil matter I rang social services and they would not help also my health visitor tried to get the children back in my care but failed as social services did not acknowledge her referral. my children are with me now and I have got my children back in my care through courts as I have been there primary carer. my ex sees his daughter at his mums 4 hours supervised by her. its just it has come to my attention that the correct procedure was not followed, when this incident happened. according to my work colleagues sister who is a social worker in the children sector said when the children were removed from me the social services would have automatically been told and then the social services would have had to get a court order within 3 days to have that child still out of her home. the social services did visit me but said it was a civil matter and they would not get involve even though the dad has hstory of drugs and alcohol the fwin report clearly states that my ex gave his name as david and also has told the police he will bring the children back I feel the police failed to notice the signs of domestic violence and I feel if they have not followed the correct process. had he not been given the children I would have not been forced to reconcile and be forced to sleep with him and travel to turkey and give him all my money. can I claim compensation??? in the fwin report it also states that the police officer did not believe me when I said he is on drugs yet twice now my ex has been tested positive incourt for cannabis and cocaine that's why the visits are supervised. he has convictions of them as well last being in 2011. I feel I went thrugh a mental ordeal because of the police officers and my life was made unbearable. can I get compensation as I feel the legal system failed me

since this ordeal I feel humiliated and have lost my self respect. my children should have never been removed from my care and when they weren't returnd the police did not help me.

i feel disgusted knowing i had to have him back in my life to get my children back

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
The points you are making above are civil matters. They are not for the police to mediate. Even if he had been everything that you had said, that is an issue for the family courts as is commonly the case with domestics.
Therefore, the police have not failed to follow procedure and so there is no claim against them.
This may well have been an unfortunate turn of events but you didn't complain to the courts so the courts are not responsible.
Your primary complaint seems to be that you say you were forced to reconcile. I am sorry to have to tell you this but you were not unfortunately. I understand it may have been very hard to make other choices but there were other options. You chose to reconcile. The police are not responsible for that.
I am really sorry but I can only give you truthful information.
Mediating who is the better parent is just not a police matter. He is the father. The police had every right to return the children to his care. If you disagreed then you were able to go to court where it would have been remedied. All legal rights have to be enforced in court and they all give rise to some cost.
Can I clarify anything for you?
Customer: replied 1 year ago.


i did look into other options before I had to reconcile with him.

the other options were I spoke to social services as well as my health visitor did and we failed as they did not acknowledge our referral. I spoke to the police and said that I am the primary carer and the children need to be In my care but they said that is civil matter. I spoke to two solicitors firms with the 60 minute free they offer and they said that we can take this to court but my chances are slim of getting the children straight away as the handover was done by the police.

they said it can take months before I can have my children , there is no guarantee that I will get the children back even if we did an emergency residency order

I rang the 2 police officers who came at the scene as it was agreed with them that my ex brings the children back when the situation is calm but they did not call me back.

please advise me what other options I had???

my complaint is that it has come to my attention that when a child is removed form the primary carer the police/social service can only remove a child for 48 hours and then have to apply in court for the child to be still not placed back at the primary carer and that did not happen. if that would have happened then I would have not had to reconcile. I tried all the options that were available to me and then my last resort was to reconcile as he had said that if I reconcile he will bring the kids. I would have not been in this situation had the police believed me and done proper check on his name and they would have seen police history on him which are gbh cannabis/ cocaine conviction. prison sentence for fraud. harassment cases from 2 other women.

obstruction on a police officer.

I have all his police history thrugh the caff cass officer as the courts granted the caffcass officer permission for me to have the caffcass report holding his police information

I want to claim compensation for

the police not believing me (fwin report confirms they did not believe me)

the police failing to do the checks on him when I gave them his real name.

the social services not acknowledging our referral and just stating it is a civil matter

the correct procedure not followed when kids were removed from my care.

a court order should have been filed after 48 hours for my children to remain away from me

Expert:  Jo C. replied 1 year ago.
In terms of other options, I wouldn't really know enough about your circumstances but I am afraid that a view may be taken by a court that many people do just find a way to avoid reconciliation and you could have done that. I understand that it may have been difficult but nobody has to return to a partner in the UK.
You cannot claim compensation for that. The police have every right to take that view. Obviously some people do make allegations without basis.
They didn't check his name because it wasn't a criminal matter.
Social services were similarly correct. These are relationship issues. I realise that makes no difference from your point of view but it is just plain not within the remit of the police or social services.
There is no claim that can be brought.
I am sorry.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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