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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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Claire In 2014 I had a domestic whereby I called the

Resolved Question:

Hi Claire
In 2014 I had a domestic whereby I called the police but before being connected by the operator my ex took the phone off me and told the police I have hit him and the children.when the police came I was in a right state whereby crying the officer did not gv me time to compose my self and wanted all the details like name address and I was struggling to gv clear answers as was really crying they took this as me being uncooperative. Due to the state I was in they handed the kids to my ex even though I said he is a high drug addict his sister was called to my house as my ex SD he will stay at his sisters and bring the kids back when things calm down which he didn't.
I was recently reading the police disclosures which were handed by my solicitor as I was representing myself. I am shocked to find the police officer has clearly put that I have made and allegation of my ex being a drug addict and in brackets he has put ,,' I do not believe, I can't believe he did not believe me. Also my ex had given them the name David even though I told them to chk under nahim gaffer daud and all his police records will appear. I believe the police did not act on what I said and that has breached the human right number .
I had also complained through IPCC and the seargent SD my complaint was void as they acts on what they saw. Clearly me crying and broken down was a tool my ex used to take the kids. After reading the twin report I feel I was not been given fair treatment by the police and not listened to. Can I complain about this and receive any compensation as clearly they HV breached the human rights number 3 and evidence is on the twin report.
Pls advice
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am a long standing criminal practitioner and I'm afraid there are not human rights act breaches here. He is entitled to record his reservations about your allegation in the CRIS report and indeed under a duty to do so.
The fact of not checking his alias names does not amount to a human rights act breach. They would not normally do that at scene anyway save for situations where it was alleged that warrants were outstanding.
If an allegation was made by him then they are under a duty to act upon it and they cannot mediate family disputes. Fathers are just as good parents as mothers from the point of view of the police.
I am afraid the custody officer is absolutely right. An allegation was made. They were under a duty to act.
The fact that doubt has been expressed about your claim that he is a drug addict does not amount to a breach of human rights not least because being a drug addict per se is not a criminal offence.
If you have not complained to the IPCC already then I would not. There are no merits here and it will potentially attract revenge from the force. They have a habit of doing that.
I'm afraid that they cannot just ignore his allegation because you say he is a drug addict.
Can I clarify anything for you?
Jo
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