Parental Responsibility Scots Law

The request was partially successful.

Dear Lothian and Borders Police,

1. Can you please advise how many times Lothian and Borders Police have charged parents with parental responsibility with child abduction. Can you please confirm how many were black/Asain.

2. Can you please confirm how many times these have resulted in convictions.Can you please confirm how many were black/Asain.

3. This is a scenario in which a Scots mother has a Scottish residence order (not registered for enforcement in England) and a father has parent responsibility only. In this case, the child decides hes wishes to see his father, but the mother refuses to give permission. The father discovers the child is being abused, the child accompanies his father to England without the mothers permission. Can the mother just call Lothian and Borders Police have them return the child to her simply on the basis of possesing a Scottish residence order, without the Police even bothering with the English courts or the circumstances of the case which may have led to the father exercising his parental responsibility.

In this last question I wish to know if the Scots parent would have to follow the Family Law Act 1986 procedure regarding registration and enforcement of Court orders which require going through an English Court - or if the Lothian and Borders Police are offering an alternative process, which bypasses this statutory process. Im assuming if the answer to 3. above is yes, then the Police are obviously a much quicker alternative.

Yours faithfully,

Surender Singh

Lothian and Borders Police

Thank you for emailing the Force Information Unit.  This office is staffed
between 8am and 4pm Monday to Thursday and 8am - 3.45pm on Friday.  Please
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Lothian and Borders Police

Dear Mr Singh

Request for Information - Parental Abduction

I refer to your below email, which has been dealt with under the terms of the Freedom of Information (Scotland) Act 2002.

1. As you have not provided a date range, I have searched our crime recording system for cases of abduction whereby the relationship between the victim and the accused has been listed as "daughter" or "son" from 2010 onwards. This search only returned two crimes. These numbers may be so low as it is not a crime to abduct your own child.

2. I am afraid that I am unable to assist in answering this question. Lothian and Borders Police do record information about convictions; this is the responsibility of the Crown Office and Procurator Fiscal Service (COPFS). Therefore I must response to your questions in terms of Section 17 of the Freedom of Information (Scotland) Act 2002: notice that information is not held.

3. Residence Orders are civil matters that must be dealt with via the courts. If either party wished to have it changed they should apply directly to the courts. The Family Law Act would have to be followed. With regard to your comments about a child being abused, Lothian and Borders Police would follow child protection procedures and would deal with this in the appropriate manner, should it be reported. Police work closely with partner agencies, such as health and social work departments to ascertain the risk that the child is at and decide how to proceed.

I hope this information will be of some use to you. If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again. However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email. If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB. Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind regards

Gabriella Trybalska

Force Information Unit | Lothian and Borders Police |
Police Headquarters | Fettes Avenue | Edinburgh | EH4 1RB |
0131 311 3901

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Dear Lothian and Borders Police,

Many thanks for your response and I know the request is closed but I have just realised I would like to establish the ethnic minorities of the two cases you mention in your response to question 1.Would you be able to confirm the ethnic minorities of the two cases.

Yours faithfully,

Surender Singh

Lothian and Borders Police

Dear Mr Singh

I am afraid that I am unable to provide the ethnicity in the two cases. To provide you with these details, when the numbers are so low, could lead to the identification of an individual. Therefore this information is exempt from disclosure under Section 38 of the Freedom of Information (Scotland) Act 2002.

I am sorry that I cannot be of assistance.

Kind regards

Gabriella
Force Information Unit
Lothian and Borders Police

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Dear Lothian and Borders Police,

With just two cases I cannot see how the individuals could ever be identified. If they were convicted then their names would be available for public record. Perhaps if you could just confirm whether in either case the parents are from ethnic minorities or not rather than which group.

Yours faithfully,

Surender Singh

Lothian and Borders Police

Thank you for emailing the Force Information Unit.  This office is staffed
between 8am and 4pm Monday to Thursday and 8am - 3.45pm on Friday.  Please
note that your email will not be dealt with outwith these hours.

If you require an immediate response please dial 101.  If it is an
emergency please dial 999.

This email is privileged, confidential and subject to copyright.  Any
unauthorised use or disclosure of its content is prohibited.  The views
expressed in this communication may not necessarily be the views of
Lothian and Borders Police.

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a printed copy?"

Lothian and Borders Police

Dear Mr Singh

Thank you for your further email.

While I appreciate your reasoning for providing these details, the Force has to consider that when information is provided under the Freedom of Information legislation, it is technically "published" and available for the public as a whole. Bearing this in mind, when someone asks for details to be released about a small group of individuals, the Force has to consider whether the parties involved could identify themselves (rightly or wrongly) from the published information. In this case, there are two reports that fall under a rather specific crime, which together with biographical information (ethnicity) would lead to those involved, and indeed members of the local community, potentially identifying not just the accused, but also the victims.

I am sure you will understand that this could be extremely distressing for the parties involved, which is why I must apply Section 38 (1)(b) of the Freedom of Information (Scotland) Act 2002 to your request: "information is exempt information if it constitutes personal data". Indeed, section 39 (Health and Safety) is also relevant as on the above grounds release would also be likely to cause the individuals involved distress.
Further one of these two cases is still pending with the courts. As these cases are, as the figures show, relatively rare, releasing details about the case could not only identify the parties involved, but could substantially prejudice the case before it is heard in a fair trial. This information is therefore sub-judice and the exemption contained within section 34 (1) (a) of the Freedom of Information (Scotland) Act 2002 relating to Investigations also applies. .

I am sorry that I cannot be of further assistance.

Yours sincerely

Gabriella
Force Information Unit

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Dear Lothian and Borders Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Lothian and Borders Police's handling of my FOI request 'Parental Responsibility Scots Law'.

I do not believe it is possible for anyone to be identified from the limited additional information i have asked for. The only additional detail I have asked is for you to confirm if they are from an ethnic minority or not. I have even said that you do not need to disclose which ethnic minority group they are from. Abduction can cover a parent anywhere in the world who has abducted a child from Scotland, I therefore do not see how it would be possible for a parent/alleged abductor to be identified from the additional knowledge of knowing they are from an ethnic minority or not. I do not understand why there would be an issue of distress to the victims/alleged victims. This is not new information to those involved. I thought all forces were obliged to collect and publish crime statistics and provide diversity analysis.

The issue for me is the charge is extremely rare and as you have also suggested, I did not think it was a crime for a parent to abduct their own child. This is why I am curious. I just want to be assured the force is not just targeting ethnic minorities. The reluctance to release the information is just making me more curious because I would have expected this to be freely available.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/pa...

Yours faithfully,

Surender Singh

Lothian and Borders Police

Thank you for emailing the Information Management Unit - Edinburgh. This
office will be closed until 2nd April when it will re-open as part of the
Police Service of Scotland. 

If you require police assistance or wish to report an incident please call
the non-emergency police number 101.  If it is an emergency please dial
999.

This email is privileged, confidential and subject to copyright.  Any
unauthorised use or disclosure of its content is prohibited.  The views
expressed in this communication may not necessarily be the views of
Lothian and Borders Police.

P Please, consider your environmental responsibility. Before printing
this e-mail ask yourself: "Do I need a printed copy?"

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Mr Singh,

This is a legacy review response on behalf of the former Lothian and
Borders Police force.

Kind regards

Inspector Graeme Cuthbertson

Police Service of Scotland
National FOI Central Processing Unit

Tel: 0141 435 1205

--------------------------------------
Dear Mr Singh

Freedom of Information - Request for Internal Review

I refer to your email dated 28th March in which you request an internal
review of the way Police Scotland (formally Lothian and Borders Police)
responded to your recent Freedom of Information Request.

I have now reviewed the previous correspondence and the supporting
documents held by Police Scotland and must advise that I uphold the
exemptions applied by our Ms Trybalska and the rationale behind their
application. To date we have already confirmed that only two cases of
abduction involving parents and their own children have been recorded
between 2010 to present within the former Lothian and Borders Police
area, and that one of these cases is currently pending at Court. I can
clarify, however, that both the cases referred to are very recent,
having only occurred during 2012. I am afraid that to confirm any
further details, including whether the parties involved are from ethnic
minority groups could result in the identification of the parties
involved. Please be assured, I have reviewed the information and can
confirm that in the circumstances this information is highly
biographical and could lead to the identification of the parties
involved.

The release of personal information, either directly or inadvertently
under FOI legislation is an absolute exemption under this Act and
therefore Police Scotland is unable to release the information you seek
at this time. In terms of the Section 39 exemption (health and safety),
Police Scotland considers that, should these individuals recognise
themselves from the details released under FOI, they would be unhappy
that such information has been released into the public domain,
particularly given the sensitive, family-orientated nature of these
offences. Further, and as stated in the previous response, Police
Scotland will not release any information which could undermine or
jeopardise the case which is currently awaiting prosecution with the
Crown Office and Procurator Fiscal Service (Section 34).

I appreciate that this will not be the answer you would hope for, but
would assure you that the Scottish legal system requires any case
referred to the Fiscal to be corroborated and to provide sufficiency of
evidence in order to be lodged and considered by the prosecuting
authority.

Should you wish to appeal this decision to the Scottish Information
Commissioner, this should be done within six months and address to The
Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife, KY16 9DS (Telephone 01334 464610).

Yours sincerely

Stephanie Laing
Information Management Unit - Edinburgh

On 1 April 2013 the Chief Constable of the Police Service of Scotland
comes under the Freedom of Information (FOI) legislation.

The creation of the new single force means that whilst the various ways
we provide information, e.g. letter, email etc remain the same; this
email and postal address will cease to exist.

From 1 April 2013:

Written requests should be addressed to:

Police Service of Scotland
Freedom of Information Central Processing
173 Pitt Street
GLASGOW
G2 4JS

Email requests should be addressed to:

[email address]

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Dear FOI,

It looks like I will have to go to the Information Commissioner.
Could you please identify one anomaly in your response. I note in Ms Trybalska’s response dated 25th March above “it is not a crime to abduct your own child.” Yet you have two parents in 2012 who have been charged, one is looking at prosecution.

Could you explain why you would charge any parent when it is not an offence?

I am sure you can understand my confusion now.

Yours sincerely,

Surender Singh

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Mr Singh,

I have asked our Edinburgh Office to provide some clarification to you
direct. There may be some element of confusion arising from changes in
the common law and statutory legislation involving child abduction that
resolves this issue. Hopefully Edinburgh will be able to resolve your
confusion.

Kind regards

Inspector Graeme Cuthbertson

Police Service of Scotland
Freedom of Information Central Processing Unit

Tel: 0141 435 1205

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Dear FOI,

Thank you - I await their reply and hope it will not take too long. There are a number of well known websites which state a parent with parental responsibility (PR) cannot be charged with abduction. I assumed this was because the legal definition of PR allows parents to act in the interests of their child, the only element which could create an issue is that the parent is not allowed to take any steps that conflict with a court order - but that is a civil offence for the Courts to enforce rather than a Police matter.

All kinds of issues can lead to a child and parent acting without the permission of a parent with custody.

As this deals with important inter-family relationships I would like to know what circumstances leads the police to turn this into a criminal matter, with all the intrusiveness and lasting damage caused to children being potentially used as witnesses against their own parents. Is there a force guideline on this? I certainly would be interested to see how the common law issues you mention are prioritised against that.

Yours sincerely,

Surender Singh

2 Attachments

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Mr Singh,

As you will no doubt appreciate from the undernoted this is a very
complicated issue. Hopefully, the additional explanation and
documentation from my colleagues in our Edinburgh Office where your
request was researched will explain the position.

Kind Regards

Inspector Graeme Cuthbertson

Police Service of Scotland
Freedom of Information Central Processing Unit

Tel: 0141 435 1205

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Dear FOI,

I have read the documents you sent which are extremely useful. The information indicates that a parent with parental responsibility cannot be charged with abduction of their own child if they stay within the UK, which is what Ms Trybalska said originally.

I note the documents do not specifically cover cross-border abduction with England. Is there a separate guidance you can refer me to this.

In the two cases in Edinburgh I would expect that the parents did not have parental responsibility, or they had parental responsibility and left the UK with their child. Please could you confirm if my understanding is correct or not, and then we can close this request.

Yours sincerely,

Surender Singh

Surender Singh

Dear FOI,

I would appreciate a reply to the outstanding queries as soon as possible. On the one hand Parental Responsibility obliges a parent to protect their child and gives them the lawful authority to take steps to do that. On the other hand, I wish to know if the parent risks being arrested for abduction by the Police if a residence order is breached.

I am extremely grateful for the guidance, but this needs to happen in practice as well and I was expecting a quick response to the cases pending and queries outstanding.

Yours sincerely,

Surender Singh

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Mr Singh,

My colleagues have undertaken further work on this matter and the
undernoted provides further comment and advice on this issue. I would
reiterate as my colleagues in Edinburgh have that the force will not
publicly disclose information from which persons can be identified and
this will include cases where the number of specific circumstances are
very limited or highly specific.

The force is not in a position to provide legal advice on specific
issues and I trust the additional information now provided clarifies
matters.

Regards

Inspector Graeme Cuthbertson

Police Service of Scotland
Freedom of Information Central Processing Unit

Tel: 0141 435 1205

Dear Mr Singh,

Thank you for your email. I afraid that, as has been explained in our
previous emails, the cases to which these figures refer are very recent
and one is still pending at court. We are therefore acutely aware that
the release of any information below the statistical number runs the
risk of allowing individuals, rightly or wrongly, to be identified.
Consequently I am not able to confirm any specifics regarding parental
responsibility in these particular cases. I do realise that this is a
frustrating position and, with the passage of time, or had there been
more than just two cases, our answer may well be different in the future
but each request must be judged on a case by case basis and I do not
think it appropriate to release further information at this time.
In terms of guidance, the following documents may be of interest to you.

http://www.acpo.police.uk/documents/crim...

http://www.justice.gov.uk/protecting-the...
nternational-child-abduction-and-contact-unit/child-abduction-law

http://www.pact-online.org/Advice/advice...
bducted-children-together-parental-abduction-missing-children-associate-
of-icmec.html

http://www.publications.parliament.uk/pa...
d-2.htm

I hope this is of some assistance to you, Kind regards, Sarah
Hughes-Jones Information Management Unit - Edinburgh

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Dear Lothian and Borders Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I have written to the Freedom of Information commissioner who has informed me I must request an internal review before this can be progressed with her office, I am therefore following up on her instructions.

On 23rd April, I asked the Police to confirm my understanding of their Policy. I asked them to confirm that in the case of the two parents charged with abduction they quoted me, it meant the parents involved had either left or threatened to leave the UK with their child or did not have parental responsibility.

On 8th May I was told that the Police would not confirm any specifics in relation to parental responsibility because the release of any information below the statistical number runs the risk of allowing individuals, rightly or wrongly, to be identified.

They further said; ’I do realise that this is a frustrating position and, with the passage of time, or had there been more than just two cases, our answer may well be different in the future but each request must be judged on a case by case basis and I do not think it appropriate to release further information at this time.’

I cannot see how individuals can be identified from complying with my request, if I am only seeking to establish that charging of the parents was consistent with the policy the Police claim to follow.

The argument is therefore irrelevant and/or the original policy document is inadequate in describing how the policy is applied in practice.

That policy document was very specific about the circumstances in which a parent could be charged with abduction.

It is a matter of public Interest if the Police follow their guidelines in practice.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/pa...

Yours faithfully,

Surender Singh

Lothian and Borders Police

Thank you for emailing the Information Management Unit - Edinburgh at
Police Scotland. This office is open Monday - Thursday 8am - 4pm and
Friday 8am - 3.45pm.

If you require police assistance or wish to report an incident please call
the non-emergency police number 101.  If it is an emergency please dial
999.

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FOI CPU,

2 Attachments

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Mr Singh,

Please see the undernoted response from our Edinburgh office.

Kind Regards

Inspector Graeme Cuthbertson

Police Service of Scotland
Freedom of Information Central Processing Unit

Tel: 0141 435 (704)1205

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