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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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I received a copy of a letter from the Police stating that

Customer Question

I received a copy of a letter from the Police stating that 'At a recent MARAC meeeting . . . my conduct was unanimously found to be a form of domestic abuse' against my ex-wife. We have been divorced for over 15 years and the conduct referred to is the litigation between us and a recent petition I launched seeking support for permission to appeal court decisions (from which I have been restrained).

The letter asked that it be brought to the attention of the Court and concluded by stating that the decision was unanimous that I posed a significant risk to my ex.

On examination of the Police records and the minutes of the MARAC meeting (through a Data Protection Law Subject Access Request) it was found that the Police held 'inaccurate personal data' about me and that they had not taken any steps to verify the data or to update it.

The Data Protection Commissioner issued an Enforcement Notice against them and required them to 'take all reasonable steps to verify the data and where appropriate, to rectify it' - The Police refuse to do so.

The question is:- Can I sue the Police (and my ex) and if so, on what grounds and can I claim damages because of the damage and distress caused to me?

I am thinking conspiracy to pervert the course of justice - my ex works for the Government as a Youth Criminal Justice Social Worker and has many friends and contacts in the Police and , perhaps not surprisingly, the MARAC decision was made just before an important Court Hearing regarding contact between me and my younger daughter, which my ex will not agree to and has now, with the aid of the MARAC, obtained an injunction against me on the basis that, as she claimed in Court:-
"You know, even the Police consider him a danger, and now the MARAC findings - I am really scared he will abduct her and kill her, and also kill me and our other daughter"

For the record, I have never been accused of, investigated for or in any way violent, threatening or abusive!
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I am sorry and I can understand why you are angry.

However, you don't have a claim against the police. It is a shame they have their time wasted on this family court nonsense but they do. And they are entitled in that capacity to a view. They are free to express that view.

If their conclusions are that you pose a risk then they are free to support an injunction.

Unless you intend molesting her in some way the injunction will cause you no prejudice anyway.

This is not perverting the course of justice and certainly isn't conspiracy.

I'm very sorry
Expert:  Jo C. replied 4 years ago.

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