Children (Scotland) Act 2020 - Protecting Victims of Domestic Abuse perpetrated at MARACs

Scottish Government did not have the information requested.

Dear Scottish Government,

On 1 October 2020, the Children (Scotland) Bill was given Royal Assent and the Children (Scotland) Act 2020 ("the Act") was born.

"The Act" purportedly gives greater protection for "victims of domestic abuse".

Under FOISA 2002 will the Scottish Government detail the recorded process whereby "the Act" gives protection to those victims of domestic abuse who have had false police reports made at a Multi-Agency Risk Assessment Conference (MARAC) and that false information [that would preclude any child access (residential or contact) if it came before a Family Court as evidence] has been recorded on the Local Authority Council Children’s Services social work system?

Yours faithfully,

SJA Grove

Scottish Government

Our Reference: 202000124467

Dear SJA Grove ,

Thank you for your correspondence sent on 13/12/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000124467. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Dear Scottish Government,

To assist the Scottish Government in answering this request the false information on the Local Authority Council Children’s Services social work system may be of such an egregious nature that a Local Authority Council may employ a 2 month delay exemption (allowable under the Data Protection Act 2018 in complex situations) were a Data Subject to submit a Data Protection Act Subject Access Request to request their personal information from the Local Authority Council, for example a Data Protection Act 2018 Subject Access Request to see the progress in the rectification of the false information the Council had earlier recorded. The rectification of false information would be possible after the council receive a transcript of a Police Scotland interview under caution [Criminal Justice (Scotland) Act 2016] that has been fully transcribed by one of the officers conducting the interview (and potentially provided as a Crown Production) and/or the provision of the written Judgement from a sheriff has been made at the end of a solemn case prosecution (which the council should have received from Criminal Justice Social Work).

The information on the Local Authority Council social work systems may be of such an egregious nature that the Local Authority Council may redact key information from a Data Protection Act 2018 Subject Access Request that would be required for an effective defence of a solemn case prosecution i.e. information that would question the reliability of one (or more) of the Crown witnesses who supplied Police Scotland with the false information in the first place.

The information on the Local Authority Council social work systems may be of such an egregious nature that the Local Authority Council may breach Data Protection Act 2018 by failing to provide a Data Protection Act 2018 Subject Access Request within the statutory timeline and get formally criticised by the Information Commissioner’s Office (ICO) for breaching the Data Protection Act 2018.

The information on the Local Authority Council social work systems may be of such an egregious nature that the Local Authority Council may use “mental health reports" exemptions under the Data Protection Act 2018 to block a Data Subject from accessing the personal data the Council holds on that Data Subject whilst the council does not consider the mental health consequences on the Data Subject themselves of not accessing the recorded information e.g. the estrangement from the Data Subject's own children that such false recorded data (sourced from Police Scotland) inevitably results in.

Yours faithfully,

SJA Grove

Dear Scottish Government,

To provide further information and clarification to the Scottish Government the false information that is sourced from non-statutory third sector organisations at MARACs by Police Scotland officers [who do not check the accuracy of this information or to identify a crime has been committed under Section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995] is passed to the local authority via the routes of:

1. The interim Vulnerable Persons Database (iVPD).
2. The Police Scotland Domestic Liaison Officer (DALO) who is not a crime investigating officer.
3. Using the intermediacy of Police Scotland civilian staff (who potentially record data on systems using “secret" identifiers such as sh48620).

ACC Gillian MacDonald is recorded as being on the Equally Safe Joint Strategic Board and was a former Information Asset Owner (IAO) for the iVPD and will therefore have an intimate knowledge of how the iVPD is used to pass false information from MARACs to local authorities as a form of coercive control and domestic abuse.

Information in the public domain identifies that DI Gordon Rae of Police Scotland to have an intimate knowledge of the Data Protection processes in Police Scotland pertaining to MARACs as it relates to to coercive control and domestic abuse.

The Solicitor General Alison di Rollo will be able to clarify with the Scottish Government how false police reports filed on the iVPD that is sourced from a MARAC are not provided to the Crown Office and Procurator Fiscal Service (COPFS) and therefore Police Scotland officers are breaching Section 164 of the Criminal Justice and Licensing (Scotland) Act 2010 by failing to reveal exculpatory evidence (or the evidence has been revealed by Police Scotland and the COPFS are refusing to disclose it) during one or more prosecutions, which can only reasonably be considered to be the use of one or both of these statutory organisations as proxy agents of coercive control and domestic abuse.

Yours faithfully,

SJA Grove

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Dear Scottish Government,

This request is being closed as a refusal as no information has been provided as to how victims of abuse (or maybe described as victims of injustice) perpetrated at MARACS are dealt with.

The Scottish Government are thanked for providing the information that there will be a consultation on the guidelines to Child Welfare Reporters (CWRs) in 2021. It is hoped that the consultation document contains accurate information and that there are not errors in the document that are even known to members of the judiciary as occurred in the Consultation on the Children (Scotland) Bill around the unregulated Child Contact Centres run by Relationships Scotland.

Although the probability is low there could be a scenario where an Independent Domestic Abuse Advocate (IDAA) at a Multi-Agency Risk Assessment Conference (MARAC) has received false information from a Family Law solicitor who represents one parent and the data sharing at the MARAC, under the full responsibility of both Police Scotland and the Local Authority Council (as Data Controllers), allows false Special Category Personal Data [as defined by the General Data Protection Regulations (GDPR)] and false allegations of abuse to be passed to the Children's Services Social Work system. Were such an incident to occur then potentially there could be nothing to stop another solicitor acting for the abusive parent, who is employed by the same firm as the first solicitor who supplied the false information to the IDAA at the MARAC, from acting as a CWR for the abusive parent.

In the scenario above the use of exemptions under the Data Protection Act 2018 in responding to Subject Access Requests by a Local Authority Council would prevent one parent from identifying the domestic abuse and coercive control that was perpetrated at the MARAC that was the vehicle for this form of pernicious abuse and Parental Alienation.

The Scottish Government's use of a Section 17(1) exemption under the Freedom of Information (Scotland) Act 2002 relating to a request for the record of the Police Scotland Data Protection Impact Assessment (DPIA) for the interim Vulnerable Persons Database (iVPD) would suggest that either Police Scotland are not telling the truth or the Scottish Government are “turning a blind eye” to the domestic abuse that is occurring at MARACs with the full sanction of Police Scotland and Local Authority Councils. The identification of false information recorded at a MARAC, that was identified by a delayed Subject Access Request to the Local Authority Council, came to the attention of a Scottish sheriff at a recent prosecution. This suggests that the MARAC process is being used to populate Children's Services Social Work systems with false information and that MARACs themselves are used by perpetrators of coercive control with Police Scotland acting as proxy agents for this abuse both by allowing the false information to be shared in the first place (without checks for it's accuracy and thus the identification of false police reports) and then by not revealing the false information on the iVPD to the Crown Office and Procurator Fiscal Service (COPFS) as is their responsibility under the Code of Conduct as defined under Section 164 of the Criminal Justice and Licensing (Scotland) Act 2010.

The issues raised above might suggest that MARACs and the nefarious (and likely unlawful) data sharing that occurs at these meetings has been a planned forerunner to the introduction of CWRs controlled by Scottish Ministers.

Yours faithfully,

SJA Grove

Mr Henry left an annotation ()

Latest response from the requestor contains extraneous information and personal opinions (the sort of which you’d expect to find on social media rather than here). Reported accordingly.