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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1132
Experience:  LLB (Hons)
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I am hoping for some advice, Plymouth I run a limited

This answer was rated:

Hi, I am hoping for some advice
JA: Where are you? It matters because laws vary by location.
Customer: Plymouth I run a limited company with a business partner which provides supported contact to families. We have been involved with a family were we fed back concerns about information the mother had been saying to the children to inform a section seven report..
JA: What steps have you taken so far?
Customer: The mother has since stated we have lied and then made threats to publish a hostile review. She later carried out a review not recommending the business. The court was made aware and she was instructed to not publish any further comments via social media.Her legal team has tried to get us removed from working with the children but the court has directed we do particular pieces of work (which happened yesterday. In response to this the mother has mad e a complaint to our governing body. We refused to correspond with the mother following the previous threat and advised should she publish we will seek legal advice.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, I'm Lea and I have reviewed your query.

 

How can I assist you with this today?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 days ago.
The details in the complaint do not entail play therapy. The service we provide is supported contact. The details are not accurate

How can I assist you? You haven't actually asked a question.

Customer: replied 6 days ago.
In court the mother's legal team have accused us being in employment of the father and making biased claims to support his application to contact. The agreement for work was initially for handovers but agreed we would stay if the children appeared anxious or upset, which they weren't. He complaint is not accurate. Is this liable?
Customer: replied 6 days ago.
The mother made the referral for work

Do you mean libel - as in defamation?

Customer: replied 6 days ago.
yes sorry

No, it's not defamation.

 

Can I assist further?

Customer: replied 6 days ago.
even if there is evidence to counteract her claims and that she questions our professionalism

You're providing a service and she has given her opinion on that service - which she is entitled to do.

 

However, given the court has warned her not to publish anything further, she should not now do the same thing again.

Customer: replied 6 days ago.
She is making claims I have lied to the courts and questions with the governing body the professionalism to work with children.

Has she said that to the courts, or to others?

Customer: replied 6 days ago.
To the court and our governing body

That definitely isn't defamatory. If she published untruths to a third, non connected party, that might be defamatory - but only if it wasn't truthful or her experience.

Can I help any further with this?

Customer: replied 6 days ago.
We offer therapeutic services. Play Therapy is not the service we provided. The governing body is for play therapy, not the supported contact which is a totally different service- sorry I didn’t make that clear.

Then the governing body won't be investigating, surely? What have they said to you?

Customer: replied 6 days ago.
They have informed us of the complaint to them and asked us to respond within 48 hours

Have you had any losses arising out of the mother reporting you?

Hello, can I ask that you kindly return to the site to rate positively for the assistance that you received as that is how I am paid for my time. Thank you.

Customer: replied 6 days ago.
We are at a point whether we should withdraw our service from the family so this would be a financial loss. As the complaint happened yesterday we are yet to see the affects. If this complaint were up held it could mean me being removed from governing bodies register and would not be able to practice as a Play Therapist

You withdrawing your services is not a loss you could attribute to the mother - that is the nature of the services you are providing - people will always be disgruntled.

 

If what you have described has occurred, it doesn't appear likely that a complaint will be upheld - but if it is, then that would be a loss that would be considered by a court in a defamation claim. But that doesn't automatically mean you'd have a defamation claim.

 

 

I am sorry that this is obviously not the news you were hoping to hear, but I have a duty to give accurate guidance and on the information you have given me, you do not have a defamation claim.

 

I would be grateful if you could rate four or five stars in order that I am paid for the time I have spent assisting you today. Thank you.

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