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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7418
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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I've been speaking to Michael Holly and I just wanted to

Customer Question

Good MorningI've been speaking to Michael Holly and I just wanted to update him with the latest situation. Do I speak to him again now, or can someone else take over from him?
Submitted: 15 days ago.
Category: Family Law
Expert:  plclegal replied 15 days ago.

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I have reviewed the previous conversation - what is the update please? I'll do my best to help.

Customer: replied 15 days ago.
Hello Peter. Thanks for getting in touch. Two weeks ago, the Police asked us to come in to take a DNA sample, mouth swob, to send off with this bed sheet. They explained that they would need a sample from the girl in question as ‘eliminating DNA’. The officer was u equivocal in saying they couldn’t send off the bedsheet with her sample. However, they have been leaving messages for her mother for two weeks and they simply haven’t returned their (the Police) calls. Yesterday they decided they would send the bedsheet anyway, with just my son’s sample - even though without the evidence to link the sheet to her as well, the results will be inconclusive. They are sending it to a sub contracted agency as the item is too big for them so test in house and so they can’t say how long this process of testing will take. Meanwhile the girl in question is wanting to come back to school after half term (having been off since November because of mental health issues). The process of trying to keep the two of them apart all day is extremely complicated... and it feels like to for ultimate purpose. Are the Police just playing for time here - why, I don’t know. Why haven’t they simply gone round to her house and asked her directly for a sample? We are now two weeks more away from closing this case than we would have otherwise been and yet it’s my son who will be inconvenienced by being removed from lessons. It doesn’t feel fair that she can choose to not co-operate, effectively obstructing the investigation, at our personal and emotional cost....
Expert:  plclegal replied 15 days ago.

Thanks for clarifying the follow up points. This is slightly outside of my specific area of specialism so I'll opt out for a colleague to pick up - please bear with them, someone will reply very soon.

Customer: replied 15 days ago.
No problem. Thanks for your help. I’ll look forward to hearing from your colleague shortly. Pippa
Expert:  Nicola-mod replied 14 days ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  michael holly replied 12 days ago.

Dear Pippa


Apologies for the delay, has anything changed in the last few days?



Customer: replied 11 days ago.
Hello Michael

Thanks so much for getting back in touch with me. The Police STILL haven't sent off the bed cover for DNA analysis, despite deciding on Monday (10th) that they would send it off without the girl in quesion's sample, which she isn't wanting to co-operate with. We gave Archie's sample on 30th January, so this has now been over two weeks.

My main question today is regarding the statement that school is proposing to read out to all teachers and pupil's in my son's class regarding the investigation - prompted by the fact that the qirl in question is coming back to school after half term, beginning on Tuesday 25th Feb. Their statements says that an allegation of 'sexual misconduct' has been alleged. Bearing in mind what you were saying last weekend about any suggestion of wrong doing, given that Archie hasn't actually been charged with anything, is tantamount to defamation - I don't feel comfortable with this, and it doesn't seem fair on him. I agree that the class needs to know why they two of them have to be kept separate, but I think the statement should read "an allegation of a personal nature has been from one member of the class to another" - and not specify sexual misconduct, which in the minds of most people will raise serious concerns, and there is a natural tendency to believe such allegations in the first instance and wait for proof otherwise - rather than the other way around.

From a legal point of view, to you agree that it is not okay to say "sexual misconduct"?

Many thanks
Customer: replied 11 days ago.
Can I just check that there is someone there today to pick up this message?
Expert:  michael holly replied 10 days ago.

Yes I do.

They should use the term alleged misconduct or alleged serious misconduct if they wish but using the word "sexual" seems unnecessarily salacious.

It is also not in the girl's interest, it will look worse for her if she has made a false allegation of sexual misconduct than serious misconduct.