How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7234
Experience:  Barrister at law
101823876
Type Your Law Question Here...
plclegal is online now

Can you please put me theough to the PLCLEGAL PETER I was

Customer Question

Hello Can you please put me theough to the PLCLEGAL PETER I was talking to He asked me to start a new thread I would like the previous qustions answered asap Thanku
JA: Where are you? It matters because laws vary by location.
Customer: Birmingham
JA: What steps have you taken so far?
Customer: Justanswer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just the previous qustions and if anymore
Submitted: 21 days ago.
Category: Law
Expert:  plclegal replied 20 days ago.

Many thanks for the new thread.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

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

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Expert:  plclegal replied 20 days ago.

There should be a date by which the report needed to be filed and then a review hearing in court following the report.

In the first instance if there are factual inaccuracies in a section 37 report you can address these directly to the social worker, copying in all parties to the proceedings and the court with your email setting out any factual problems.

If you wish to challenge the conclusions, as opposed to the facts, then you will do this through the court process. There will be a final hearing listed and this is the opportunity to challenge the report's contents by asking questions directly to the author.

It would be unusual to have the opportunity to do this prior to the final hearing, unless there is a fact finding hearing in the meantime for example.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 20 days ago.
Hello Peter,
Thankyou for getting intouch.
Yes there was a deadline date to file a s37 was 22 OCT 2020 and 29 OCT 2020 for parents to respond to this s37 report.1. Neither s37 has been taken from daughter nor me by social worker.2. Nor filed on the 22 OCT 2020 it was filed on the by social worker legal side by a legal assistant on 2 NOV 2020 with an additional statement attached.3. This report s37 was not filed with the CAFCASSWhen do i notify social worker eg the court and all parties of the factural inaccurate and incomplete s37report ?
Expert:  plclegal replied 20 days ago.

You have to respond as per the court order - though obviously the deadlines are going to be extended due to the late filing.

I would suggest that you contact the court and ask for a revised timetable for filing a response due to the late filing.

You then address both factual inaccuracies and your issues with the conclusion in your response - but as I said you won't be able to question the author directly until the final hearing.

I hope that this clarifies things?

Customer: replied 20 days ago.
Do i need to fill an application into court explaining late filing and factual inaccuries in s37 , my issues with conclusions and a potential complaint which i will discuss with u today ?
Customer: replied 20 days ago.
What application is this ?
Customer: replied 20 days ago.
Sorry Peter im trying my best to put my queries across ..
Expert:  plclegal replied 20 days ago.

An interim application into court would be a C2 application. You could file this for the re-timetabling.

The factual inaccuracies and your views are going to be detailed in your response to the s37 which is a already court ordered - but the timetable is not out of sync.

Depending on the complaint basis you could also address this in the C2.

Expert:  plclegal replied 20 days ago.

https://www.gov.uk/government/publications/form-c2-application-for-permission-to-start-proceedings-for-an-order-or-directions-in-existing-proceedings-to-be-joined-as-or-cease-to-be-a-part

Customer: replied 20 days ago.
Thankyou Peter.Theres only 2 more main queries left to discuss and take advice on.At some point today i will message you again
Expert:  plclegal replied 20 days ago.

My pleasure - happy to help as always.

Customer: replied 20 days ago.
1. A Copy of the Child in need Plan is not shared with me nor the school by this social worker despite requesting repeatedly.
Views of the father were only taken to start CIN directly although there is an emergency non - moleistation order taken against father for removing one of my daughters from my care and wasnt bringing her back home. Background history of dv also involves underage marriage arrangements plans.A full consent agree and sign a Child In Need Plan has not been taken from me and i feel harassed obliged to obey in fear. I do not know what to do can you advice pls ?2. The same social worker came to my house with another collegue social worker for a visit - he stated that someone has called in the local authority saying that i ( mentioning my name ) said he is a phedophile. He further said i trust u never said this we take calls like this very seriously and tell the police we wont be doing this but i will be putting this to the Judge.
I was shocked to hear all this ive i insisted that i can put this in writting that i did get anyone to make such call. He did not want in writting instead said lets move on. I was left wondering what to do about this emotionally this has drained me over the last few days.When the s37 was filed an additional statement was filed at court and a copy of this wasnt sent to me or any other party. This would be detrimental to me and my court case if he has made slanderous false allegations to the Judge. I do not know what to do can you pls advice ?
Do i inform the police or should the social worker has to follow his protocol ?
Customer: replied 20 days ago.
Do i inform the school ? as they made referral to social service when my daughter when police enforced court order to bring her back home .
Customer: replied 20 days ago.
didnt ( typo point 2 )
Expert:  plclegal replied 19 days ago.

1. You need to have a copy of any CIN plan, absolutely. You can't be expected to work with the LA unless you are party to the concerns and the paperwork.

2. If people are making false allegations and the social worker is then using this against you the social worker needs to be held to account - it's poor evidence gathering to say the least.

3. Copies of any paperwork filed with court MUST be sent to you.

4. I don't know what you want to inform the school about, they need to be kept in the loop of any outcomes bt don't necessarily need to know everything.

Customer: replied 19 days ago.
What application do i need to file in court for false allegations ?Im worried for myself and my children.
Expert:  plclegal replied 19 days ago.

It's not a separate court application. You need to raise the complaint with social services and then challenge in your response to the section 37.

Customer: replied 19 days ago.
Am i still obliged to carryon with attending CIN meetings although i feel harassed and fear they will remove my children ?How do i approach them ? Or refuse them access to my house and children if they turnup ?
Expert:  plclegal replied 19 days ago.

you don't have to allow access to your house but be aware that if you are actively not cooperating it may cause social services to escalate things, so tread carefully.

Customer: replied 19 days ago.
Ive requested school to make a referral to independent social worker.And , ive requested my Gp to make referal to womens aids for independent domestic abuse advicer.I am confused how to actively co operate ive told them this morning that u have a hearing on 16 NOV 2020 im very busy and i ask the school to make today prior to CIN this morning to request CIN plan first.He hasnt stopped calling even from private number
Customer: replied 19 days ago.
I honestly feel harassed and intimidated
Expert:  plclegal replied 19 days ago.

I suggest you put in a complaint to the head of service about the social worker's conduct if you feel they are harassing you.

Customer: replied 19 days ago.
Just wanted to double check again local authority are they still allowed to file in court and not serve the other parties if they do not wish to disclose sensitive issues in a statement - like the false allegation ?
Expert:  plclegal replied 19 days ago.

No they cannot - anything filed in court has to be served and copied to all parties.

Customer: replied 19 days ago.
How do you remove a consent from a soliciotor and request your files ?
Customer: replied 19 days ago.
my files
Expert:  plclegal replied 19 days ago.

You have to make sure your account is up to date in terms of payments then request that they cease to act for you and hand over the case files.

Customer: replied 19 days ago.
Ive been given full Legal Aid Certificate - since the last 4weeks.
Solicitor told me last week that u need to come i and give 3months bank statements. Ive enquired with legal aid today they said we dont need anything nor asked for any statements ur legal aid was transferred straight away we alraedy had ur recent bank statements we needed require anymore.I feel solicitor has been sitting around onmy case taken no statement from me ect.Today ive asked for what are we doing for this hearing coming up he ignored.Ive requested him to do referral for an independent social worker he ignored that.Ive requested a copy of the statement sent with the s37 he said Local Authority can file without disclosing if they have a senitive issue to file at court without serving other parties.What are the best steps to take with these issues above ?
Expert:  plclegal replied 18 days ago.

If you feel that your solicitor is not working in your best interests then you are free to find a new solicitor - and they will arrange the transfer of legal aid to themselves.

Customer: replied 18 days ago.
Solicitor is not working in my best interest and again emailed me that the local authority have filed another statement letter into court without serving on me .Ive rang Birmingham Family Court rhis moring they adviced it was filed on 5 NOV 2020Solicitor again said they can file
Customer: replied 18 days ago.
Im seriously worried and as a parent mother this is being jeapodised - only because the 17yrs of dv including underage marriage LA they are covering their negligance even if they have to mislead court with false reportings and not serve on parties
Expert:  plclegal replied 18 days ago.

I would suggest you perhaps seek alternative representation. I am sceptical about the LA serving evidence within proceedings that is not then shared with the other parties. It's not the norm at all and if your solicitor will not fight your case then find someone that will.

Customer: replied 18 days ago.
Next hearing date is 16 NOV 2020 since there are issues from the solicitor including not even taking my statement yet.Can i email the court and let the Judge know what is it im asking from the court / and concerns i want to file ?
Expert:  plclegal replied 17 days ago.

I suggest you find new representation and quickly. You contacting the court to say that your solicitor is not doing a very good job is not going to go down well with the court.

Customer: replied 17 days ago.
How soon can a force marriage protection order be taken out to protect my daughters ?Can i hand in court ?I cannot at the cost of local authority trying to cover their years of negligence put my daughters at risk of underage marriage and let the safeguarding socail worker arrange unsupervised visits at fathers house.The order strictly says MUST be supervised vists if needed.
Expert:  plclegal replied 17 days ago.

Thank you for the follow up. I personally don't deal with forced marriage protection orders - if you could post as a new question there may be a colleague that can assist you. Thank you.

Customer: replied 17 days ago.
Hes from the safegaurd team but putting the children at high risk and giving total disgrade to the non - mole against ex
Customer: replied 17 days ago.
Sorry Peter , would you know the name of the collegue so i can get help
Customer: replied 17 days ago.
Thankyou for you on-going support
Expert:  plclegal replied 17 days ago.

I don't know my colleagues specialisms I'm afraid as we all work remotely - if you make it clear it is about forced marriage though a relevant expert will pick it up. Thanks and best wishes.

Customer: replied 15 days ago.
Hello Peter,
Just wanted to ask you a non-mole is put inplace on 4 JUNE 2020.Point 6 of the non-mole says ex cannot use any third person to harass, intimidate ect.Ex has used social worker indirectly on 5 occassions one of which there is a non-mole and he wants to take the girls to visit their father unsupervised not in a strict centre setting.As you know this case is to.do with underage marriage arrangement. In 2014 - 14 allegations were proved against father out of which 2 were proven about underage marriage.Force marriage unit are now aware of this and enforcing the police to take out FMPO.Social Worker is from the safeguarding team3 and i do not see the safeguarding the way hes acting out .If social worker is an indirect person can you please advice ?
Expert:  plclegal replied 15 days ago.

Please can you post this as a new question for my attention? Many thanks.

Customer: replied 15 days ago.
Also, requested in writing a copy of child in need plan still havnt given me a copy - and keep having unlawful access to visit my home, my children and their school.If i raise any issues about him like i did with my GP he files another statement into court without sending me.I feel intimidate and threaten unsure what to do
Expert:  plclegal replied 15 days ago.

Of course - and I understand. Please post as a new questioning we can pick this up for you in the morning.

Customer: replied 15 days ago.
Ive posted as a new question - lookforward tommrow morning.
Thankyou