Significant changes to care plans made by social services without a reasonable explanation

Robert Smith made this Freedom of Information request to West Midlands Police

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Dear West Midlands Police,

Significant changes to care plans made by social services without a reasonable explanation

Re G (Care: Challenge to Local Authority’s Decision) [2003] 2 FLR
In Re G (Care: Challenge to Local Authority’s Decision) [2003] 2 FLR 42, Munby J held: ‘The fact that a local authority has parental responsibility for children pursuant to s 33(3)(a) of the Children Act 1989 does not entitle it to take decisions about children without reference to, or over the heads of the children’s parents. A local authority, even if clothed with the authority of a care order, is not entitled to make significant changes in the care plan, or to change the arrangements under which the children are living, let alone to remove the children from home if they are living with their parents, without properly involving the parents in the decision-making process and without giving the parents a proper opportunity to make their case before a decision is made. After all, the fact that the local authority also has parental responsibility does not deprive the parents of their parental responsibility.’

http://www.familylawweek.co.uk/site.aspx... {Para 4 in this link}

I write this freedom of information in respect of the above court case before Sir James Munby, Re G (2003)

1. With regards to any care plans, child protection plans or child in need plans, made by the local authority, would it be classed as a “significant change” by:-
a) Backdating the date of the said plan for no reasonable reason apart from “we forgot”
b) Changing the adult labelled at risk on the said care plan from the mother to father with no reason to do so apart from protecting or covering up for the said parent initially mentioned on the report as the risk.

2. Within my case my child was placed on a child in need (CIN) plan due to the other parent assaulting my child. The disclosure was made direct to a social worker from the child. Despite me having no contact, the social workers backdated the CIN plan by 2 years and altered the report so that the CIN plan showed that I was the risk and failed to mention the assault by the mother, thus misleading any readers of the report, such as the courts.
a) Would this be classed as
i. A significant change of a CIN plan
ii. Perverting the course of Justice
iii. Fraud
iv. Discrimination
v. Any other type of fraud

3. (For local authorities to answer) Has your authority made any significant changes to a report such listed in Q1 or Q2. If so how many and please give reasons why the changes, especially backdating records.

4.
a) (For the police and MOJ to answer) Has anyone reported to your force , courts or MOJ any similar situations described in Q1 and Q2 and, if so, how many and what action did your force take for unreasonable significant changes to reports that may be considered in Q2a (i.-v)
b) If anyone has reported a situation listed in Q4a, please list what crimes they were categorised as.

5. (For the police and MOJ to answer) Should I have reported what I listed to the police in Q2, what type of crime would your force list it as?

Please go back one year

Yours faithfully,

Robert Smith

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Freedom of Information,

Dear Mr  Smith

 

FOI Request Reference: 006234/16

 

Thank you for your request for information, received 28/05/2016

 

REQUEST

 

Significant changes to care plans made by social services without a
reasonable explanation

 

Re G (Care: Challenge to Local Authority¿s Decision) [2003] 2 FLR In Re G
(Care: Challenge to Local Authority¿s Decision) [2003] 2 FLR 42, Munby J
held: `The fact that a local authority has parental responsibility for
children pursuant to s 33(3)(a) of the Children Act 1989 does not entitle
it to take decisions about children without reference to, or over the
heads of the children¿s parents.  A local authority, even if clothed with
the authority of a care order, is not entitled to make significant changes
in the care plan, or to change the arrangements under which the children
are living, let alone to remove the children from home if they are living
with their parents, without properly involving the parents in the
decision-making process and without giving the parents a proper
opportunity to make their case before a decision is made.  After all, the
fact that the local authority also has parental responsibility does not
deprive the parents of their parental responsibility.¿

 

http://www.familylawweek.co.uk/site.aspx... {Para 4 in this link}

 

I write this freedom of information in respect of the above court case
before Sir James Munby, Re G (2003)

 

1.         With regards to any care plans, child protection  plans or
child in need plans, made by the local authority, would it be classed as a
"significant change" by:-

a)         Backdating the date of the said plan for no reasonable reason
apart from "we forgot"

b)         Changing the adult labelled at risk on the said care plan from
the mother to father with no reason to do so apart from protecting or
covering up for the said parent initially mentioned on the report as the
risk.

 

2.         Within my case my child was placed on a child in need (CIN)
plan due to the other parent assaulting my child.  The disclosure was made
direct to a social worker from the child. Despite me having no contact,
the social workers backdated the CIN plan by 2 years and altered the
report so that the CIN plan showed that I was the risk and failed to
mention the assault by the mother, thus misleading any readers of the
report, such as the courts.

a)         Would this be classed as

i.          A significant change of a CIN plan

ii.          Perverting the course of Justice

iii.         Fraud

iv.        Discrimination

v.         Any other type of fraud

 

3.         (For local authorities to answer) Has your authority made any
significant changes to a report such listed in Q1 or Q2. If so how many
and please give reasons why the changes, especially backdating records.

 

4.        

a)         (For the police and MOJ to answer) Has anyone reported to your
force , courts or MOJ any similar situations described in Q1 and Q2 and,
if so, how many and what action did your force take for unreasonable
significant changes to reports that may be considered in Q2a (i.-v)

b)         If anyone has reported a situation listed in Q4a, please list
what crimes they were categorised as.

 

5.         (For the police and MOJ to answer) Should I have reported what
I listed to the police in Q2, what type of crime would your force list it
as?

 

Please go back one year

 

CLARIFICATION REQUIRED

 

I am writing to ask you to clarify your request. This is because we are
not certain that we have understood your request correctly.

 

Your request seems to relate to your own child care case and as such I am
concerned that you are placing your own personal data on a very public
website and also that the Freedom of Information Act is a public
disclosure regime not a private one and applies to recorded information
and therefore we are unable to supply opinions or to comment on events
unless those opinions or comments are already recorded.

 

Your request is very broad and it is not clear which recorded information
would satisfy your query. Therefore it would be helpful if you could be
more specific as to what recorded information you require that is held by
West Midlands Police (WMP). 

 

In order to assist, questions 1, 2 and 5 do not seem to be asking for any
recorded information and question 4 would involve researching every
incident/crime which would exceed the appropriate cost limit.

 

It is not clear from your request as to which force area you reside and
whom dealt with your case but If you are concerned about the way WMP have
handled your case, you would be best advised to contact our Professional
Standards Department or the Independent Police Complaints Commission,
their contact details are

 

[1]http://www.west-midlands.police.uk/conta...

 

[2]https://www.ipcc.gov.uk/complaints

 

Please contact me if you need assistance with this.

 

To enable us to proceed with your request I would be grateful if you could
provide the clarification outlined above. After receiving your reply, your
request will be considered and you will receive a response within the
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then your request will remain unanswered.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[3]http://foi.west-midlands.police.uk/

 

If you need any further information please contact me.

 

Yours sincerely,

 

 

 

 

Susan Brown

Freedom of Information Unit

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