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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother and his partner are astranged , my brothers ex partner

Customer Question

my brother and his partner are astranged , my brothers ex partner has made a false claim about him touching his daughter inappropriately to social services , my brother lives with his girlfriend and two step children who are not involved in the claim in anyway, does the father of his girlfriends step children have to be told? Or can we take legal action to stop him being told?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI assume Social Services intend to notify him?
Customer: replied 2 years ago.
Yes social services have interviewed my 3 year old niece , my brother his partner and my brothers step children. Obviously my brother is beside himself . My niece said nothing of any concern to them when interviewed and his step daughter only told them how much she loves him and how safe and happy he makes them all. She is 7. We are very concerned as the social services want to tell his stepdaughters father on Tuesday, and he has a history of violence towards my brothers current girlfriend (who is due to give birth next week) and also towards my brother. I fear for their safety as a claim like this would probably give him reason to behave violently again and of course he would no doubt use this information to ruin my brothers reputation. My brothers ex partner has told the social services she does not believe he is capable of any wrong doing but contacted nspcc after their 3 year old said something strange. I believe she acted in a moment of madness caused by jealousy. Please is there anyway we can at least stop this information reaching my brothers current girlfriend's ex partner with legal help?
Expert:  Clare replied 2 years ago.
HiI am so very sorry but there is no legal action that can be taken to stop this.The father of the children is entitled to know that this enquiry is taking place - however if there is a history of convictions for Domestic Violence thenSocial Services should do a risk assessment to manage the balance of harm.I am sorry not to give better newsClare
Customer: replied 2 years ago.
Even if the complaint the complaint isn't against his child? And my brother doesn't live with his girlfriend ?
Many thanks
Expert:  Clare replied 2 years ago.
That strengthens the Risk assessment request - ask to speak to a senior managerEvidence of the abuse would assist