An issue arose at school, where one child has made an allegation against my child. The child first made an allegation in June 2010 however could not remember the other child (my child). Now in September the child all of a sudden remembered who it was and there mother contacted social services. Social services now want to assess my family however I feel that this is inappropriate as my child has no recollection of this at all. The school are aware of the allegation and they themselves have said there is no evidence that it happened and they have been keeping an eye. Would I have a case to fight against them?

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Originally Posted by emul1

I Need to Talk to a Solicitor Online Free Now

an issue arised at school, where one child has made an allegation against my child. The child first made an allegation in June 2010 however could not remember the other child (my child). Now in September the child all of a sudden remembered who it was and there mother contacted social services. Social services now want to assess my family however i feel that this is inappropriate as my child has no recollection of this at all. The school are aware of the allegation and they themselves have said there is no evidence that it happened and they have been keeping an eye. Would i have a case to fight against them?

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Need to confirm what country you live in... laws vary greatly and are interpreted differently.

I assume because of the term "Solicitor" you are NOT in the USA or Canada.

I am in Northern Ireland

Try not to get upset too much over this.

Without knowing the detail of the complaint itself, a lawyer will not be able to advise you on what to do or expect, let alone fight the allegation, whatever that may be.

Many times, an investigation is done when warrented by a complaint from a school, parent, other professional (police), etc. Anyone who is concerned about the welfare of a child has an obligation (morally or legally in many cases) to report it.

To report to child welfare authorities is rarely done out of malice, or without some merit, and if it is (such as battles with custodial parents), they are quickly dismissed. But, once a formal complaint is made, an investigation is done.

This may mean only a visit to your home, and interviews with all concerned. This is to your benefit, because if your child has done nothing wrong, this gives you an opportunity to be heard. It is a part of a process of gathering information, and fact finding. It is an unbiased professional assessment, of information.

Regarding the incident, it would probably be helpful for you to record as much detail as you know about it. Date, time, allegation, responses, accusations, contact with parents, school officials, your impressions, etc. It is difficult when you are faced with a formal interview as part of an investigation, to remember all the details on the spot.

This may be, and likely is, a very difficult situation for you to be in, as it would for any parent. The positive side of this is, that it is being dealt with, it will be thourough, and you will know, as will the person instigating the complaint, exactly what will come of it.

If the person reporting, this other mother, has no basis in fact to be accusing your child of something, you will have the satisfaction of setting her action to rest. This may be a better process in the end, rather than have this question mark hanging over your son's head.

I am in Canada by the way, and only generally speaking, most investigations start with a complaint, are followed up by an interview, and an assessment is made. To find out specfics where you are, you could call this agency, and simply ask them what to expect, how much time is involved, etc.

One thing I would advise, is when this is concluded, that you have something formal in writing simply stating that there was no basis for further investigation, if they provide that.

The complaint is exposure of private part. I feel the need to fight this as my child is very open & honest with me and I know that this did not happen. He is very young and this is completley out of his nature. He is a good child who gets on well at school and works hard. I feel that because he did not do this that it is unfair for him to have to go through this. Im really confused and don't know what to do! :-S

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Originally Posted by emul1

Would i have a case to fight against them?

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Hello e:

You do NOT have to allow your children to be interviewed by authorities.

excon

What would happen if I were to say no as they are wanting to speak with him on Wednesday

Hello e:

I noticed that you're NOT in the US. Unfortunately, I don't know the laws in Ireland.

But, what I will say is this. Social services (the cops) want to interview your son for ONE reason and ONE reason only. They certainly don't want to interview him to prove he DIDN'T do it. An interview won't prove that... Nope, like ALL cops, they want him to say that he DID it... Then all of a sudden, "social services" changes into COPS.

Do NOT let your child be interviewed.

excon

I have been contacted by them and I got the feeling on the phone that they thought he was guilty which is also why I want to fight it!

Hello again, e:

Of course, they think he's guilty. Like ALL cops, they're not looking for answers.. They're looking for a confession.. I say again, do NOT let your child be interviewed.

excon

What about trying the N. Ireland Citizens advice Bureau?

Home - Citizens Advice Bureau

Or the parents advice centre:

Parents Advice Centre: Welcome
I believe they have offices in Londonderry and Belfast.
They also have a free helpline.

Thinking of you in this difficult situation.

See I'm unsure of what will happen if I refuse... :-S

Perhaps you could stall them at least while you look into things. Tell them you are not refusing but are not agreeing to see them until you have taken some advice of your own. Meanwhile contact the agencies I have linked above or see a solicitor who specialises in a relevant area.

Hello again, e:

Even though I'm not familiar with the laws in Ireland, it DOES have the same basis as American law. Therefore, I am POSITIVE they cannot DO anything to you or your child for refusing to talk to them. Those things happen in third world countries...

I also disagree with the notion of pu$$y footing around with the "authorities". REFUSE, and mean it, or lay down for them. Doing stuff in the middle WILL cause problems for you. If you're unable to do it on your own, (and I UNDERSTAND that), hire a lawyer to do it for you - but DO IT, you must.

excon

Yeah... that may work... I just don't know where to start... it's horrible

Im thinking they may go to court and get an order to speak with my son

What worries me Excon is in England Social Servies can get a court order if the parents refuse and are likely to become more hostile if the parents make them go down this route. This is certainly the case when they have grounds to believe the child is in danger. The law is less clear when the child is being accused of something but it may well depend on the interpretation the particular social services dept put on the wording of the law.

I suspect the law in Northern Ireland is similar but I'm not sure.

Emul, I think your first step is to try and find out what exactly is the situation if you refuse and what your rights are. Try the above agencies, now, and if they yield nothing quickly we can see if we can come up with anything else.

Ok... I will do that QPL. Thank you all for your assistance. I will contact those agencies to see if any further information can be provided if not I will come back on here.

Hello again,

Since you apparently DON'T have a RIGHT to REFUSE to be spoken to, then my advice should be ignored. I would, however, consult with an attorney familiar with child law.

excon

Thanks excon... I think I may need to do that.