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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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what are my options when someone has put in writing something

Customer Question

what are my options when someone has put in writing something that is untrue and malicious to various government departments, namely the child benefit office, social services and the child support agency?
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
-Could you explain your situation a little more?
Customer: replied 5 years ago.

i have received written evidence today from the child support agency appeals dept, in which the defendant has made various allegations and has sent copies of these allegations to the child ben office and social services, they are completely untrue, i was subject to soc servs asessment in oct 2012 in which they have stated that the 16 yr old boy in my care is perfectly safe ....

Expert:  Jo C. replied 5 years ago.
What type of allegations?
Customer: replied 5 years ago.

sorry for the delay was cooking dinner :)

the allegations were that i allow teenagers to do drugs and alcohol, that im harbouring the child (16) that i illegally sought to claim child ben and csa for the sons support - that since he has been living with me (march 2012) his behaviour has deterioated.. the list is endless, im a bad person, bad influence.....

i have 4 children of my own 32, 30 25 and 16 older ones have all left home and are all professionals...i have fostered previously for my local council so have been subject to crb check etc which was done in 2011

im thinking along the lines of defamation/slander ?

Expert:  Jo C. replied 5 years ago.
It is possible to argue those are defamatory statements.

However, I'm afraid defamation isn't a claim that is accessible to most people. A defamation action would cost in excess of £25,000 and there is no legal aid.

Even if you won its not likely he could pay the award.

In addition to that, you would have to show loss and since the CSA have not acted to your detriment upon these allegations there is no actual financial loss. The closest you can come is that some of these allegations would be criminal conduct and then there is a presumption of damage but you don't get much for presumptions of damage.

I'm very sorry but I have to give you truthful information.
Customer: replied 5 years ago.

im not seeking substantial damages, just justice do you think i should go down the criminal route then ?

Expert:  Jo C. replied 5 years ago.
There are no offences in his conduct on this occasion I'm afraid.
Customer: replied 5 years ago.

ok thank you

Customer: replied 5 years ago.

surely its libel or at least slander ? sorry but there must be a course of action i could try ?

Expert:  Jo C. replied 5 years ago.
Slander and libel are variants of defamation which is not a criminal matter.

I'm very sorry but I'm not sure there will be anything that can realistically be done. Making adverse statements to csa is pretty common.
Customer: replied 5 years ago.

thats very true, but i was not married to him so there shouldnt be any axe to grind - oh well guess i'll just have to suffer in silence, let him say what he likes about me to various agencies all are without foundation, no evidence, thanks for your help worth a try

Expert:  Jo C. replied 5 years ago.
No problem.

All the best