Suspended for breach of confidentiality. Reporting child abuse to the Police!

[fostercarer]

As foster carers we made allegations of the child abuse of a toddler who was previously in our care by her prospective adopters. The social worker investigated our complaint and after 2 hours reached the decision that the adoption would proceed. This is despite that fact that we had put in over 8000 hours of dedicated care in her very short life.
Previously, we had raised concerns about another baby in our care who was returned to the care of his abusive father, despite our strongest objections. The father went on to break both the childs legs and arm on Christmas Eve. The injuries were not discovered until February. It was very difficult to live with what happened and we are determined not to let it happen again.
Social Services refused to give us any assurances or discuss Toddler K. We informed Social Services that we were going to the police to report the child abuse and we also told them that we was going to make an application to be party to the proceedings to object to the adoption. Our Fostering Team Manager forbade us from going to the Police or the court. We had no option but to act in toddler K's best interest and reported the child abuse to the Police and successfully applied to the court to become party to the proceedings. In September 2013 before the adoption hearing the adoption team leader of the Toddler K's new Local Council made allegations of breach of confidentiality against my wife and I. As we had 3 foster children in placement these allegations were not acted upon. At the adoption hearing the Local Authority tried to get a gagging order on my wife and I. The Judge ruled that we had not breached confidentiality and stated that she did no have the power to make such an order.
On the 4th November the 3 children in our care moved back to their parents. On the 7th November we was suspended for alleged breach of confidentiality because we approached our Mp, the Police and Medical Staff. We approached the front line medical staff because we was convinced that social services would not inform them about the allegations of the child abuse of Toddler'K' and are suspicions was correct.
An independent social worker reached the conclusion on the 16th December 2013 that we had breach confidentiality. However, she refused to provide us with a copy of the report. Social Services have also refused several requests for a copy of the report. On Saturday wee recieved a letter from Social Services informing us that we are going to be deregistered as foster carers. We have asked several times for a copy of the procedures and rules that we have allegedly broken but they have still not supplied them. If we are deregistered this applies to all fostering agencies.
The front line social worker who investigated our complaint of abuse stated whilst giving evidence under oath that she did not know what the signs of emotional abuse are.
If I was not sat in court when she said it I would not believe it.

We are not legally qualified but once the court has ruled that there has been no breach of confidentiality surely the Local Authority cannot ignore the ruling of the court.

I would be grateful for any helpful suggestions. Resigning is not an option.

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

As foster carers we made allegations of the child abuse of a toddler who was previously in our care by her prospective adopters. The social worker investigated our complaint and after 2 hours reached the decision that the adoption would proceed. This is despite that fact that we had put in over 8000 hours of dedicated care in her very short life.
Previously, we had raised concerns about another baby in our care who was returned to the care of his abusive father, despite our strongest objections. The father went on to break both the childs legs and arm on Christmas Eve. The injuries were not discovered until February. It was very difficult to live with what happened and we are determined not to let it happen again.
Social Services refused to give us any assurances or discuss Toddler K. We informed Social Services that we were going to the police to report the child abuse and we also told them that we was going to make an application to be party to the proceedings to object to the adoption. Our Fostering Team Manager forbade us from going to the Police or the court. We had no option but to act in toddler K's best interest and reported the child abuse to the Police and successfully applied to the court to become party to the proceedings. In September 2013 before the adoption hearing the adoption team leader of the Toddler K's new Local Council made allegations of breach of confidentiality against my wife and I. As we had 3 foster children in placement these allegations were not acted upon. At the adoption hearing the Local Authority tried to get a gagging order on my wife and I. The Judge ruled that we had not breached confidentiality and stated that she did no have the power to make such an order.
On the 4th November the 3 children in our care moved back to their parents. On the 7th November we was suspended for alleged breach of confidentiality because we approached our Mp, the Police and Medical Staff. We approached the front line medical staff because we was convinced that social services would not inform them about the allegations of the child abuse of Toddler'K' and are suspicions was correct.
An independent social worker reached the conclusion on the 16th December 2013 that we had breach confidentiality. However, she refused to provide us with a copy of the report. Social Services have also refused several requests for a copy of the report. On Saturday wee recieved a letter from Social Services informing us that we are going to be deregistered as foster carers. We have asked several times for a copy of the procedures and rules that we have allegedly broken but they have still not supplied them. If we are deregistered this applies to all fostering agencies.
The front line social worker who investigated our complaint of abuse stated whilst giving evidence under oath that she did not know what the signs of emotional abuse are.
If I was not sat in court when she said it I would not believe it.

We are not legally qualified but once the court has ruled that there has been no breach of confidentiality surely the Local Authority cannot ignore the ruling of the court.

I would be grateful for any helpful suggestions. Resigning is not an option.

Hi and welcome to Legal Beagles.

The allegations contained in your post are very serious and I would strongly urge you to seek competent professional legal advice as soon as possible. The National Pro Bono Centre can provide you with such advice and representation, if necessary.

The Fostering Team Manager had no business trying to prevent you going to the police or the courts in view of what happened and they have some very serious questions to answer. The judge who presided at the hearing and who put the local authority in their place clearly was not happy with what Social Services had done.

There may well be issues under the Human Rights Act 1998 and this, coupled with what has happened, is why you need to seek competent professional legal advice at the earliest possible opportunity.

[des8]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

Whilst agreeing totally with BB you may find it less stressful to complain to Local Government Ombudsman.
If you disagree with his findings you can then proceed further.

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

Whilst agreeing totally with BB you may find it less stressful to complain to Local Government Ombudsman.
If you disagree with his findings you can then proceed further.

If this wasn't so serious, Des, I would agree with you totally about the LGO. However, there is a potential Contempt of Court and breach of Section 6, Human Rights Act 1998 on the part of Social Services.

The Fostering Team Manager has committed a serious breach of duty and, quite possibly, one or more criminal offences by attempting to prevent the OP reporting the abuse of the toddler to the police and failing to report the abuse to their Director of Social Services. This matter also needs to be reported to the regulating body for Social Workers as serious questions arise as to whether this Foster Team Manager is a fit and proper person to be employed as a social worker. The same question arises in the case of this independent social worker who allegedly claims the OP breached confidentiality when a judge ruled to the contrary.

Also, bear in mind that where any criminal matters are evident, the LGO cannot intervene.

[des8]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

I think there are two aspects to the original post.
One is the possible criminal activity of the management team. Undoubtedly for that professional legal advice should be sought.
But there is also the deregistration as foster carers which IMO is a separate issue and complaint could be made through LGO. This is likely to be quicker (altho' by how much I wouldn't hazard a guess) and to start with less stressful.
The reason for deregistration is "breach of confidentiality" although the OP says the judge ruled no breach had taken place. If complaining to LGO I don't think the reasons for the judge making that finding, or the other possible offences, are necessarily part of the LGO's consideration. And I doubt the LA will refer to those matters;

On the other hand I could be wrong and doubtlessly someone will be along to point out the error of my
ways:beagle2222:

[fostercarer]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

I think there are two aspects to the original post.
One is the possible criminal activity of the management team. Undoubtedly for that professional legal advice should be sought.
But there is also the deregistration as foster carers which IMO is a separate issue and complaint could be made through LGO. This is likely to be quicker (altho' by how much I wouldn't hazard a guess) and to start with less stressful.
The reason for deregistration is "breach of confidentiality" although the OP says the judge ruled no breach had taken place. If complaining to LGO I don't think the reasons for the judge making that finding, or the other possible offences, are necessarily part of the LGO's consideration. And I doubt the LA will refer to those matters;

On the other hand I could be wrong and doubtlessly someone will be along to point out the error of my
ways:beagle2222:

We have the opportunity to put our case to a fostering panel. However, our hands are been tied behind our backs. The Local Authority are refusing to supply us with a copy of the rules and regulations we have allegedly breached. We are unable to obtain a copy of the report. We should be afforded the opportunity to respond in writing to the report and our response should be sent to the members of the fostering panel at the same time the report is sent to them.
At present we are still waiting for a panel date but it just seems so unbelievable that professional social workers can reach the conclusions that they have. I cannot believe that an qualified social worker could reach such a decision. We worked positively with the independent social worker and welcomed her into our home. On two separate occasions she failed to produce any form of ID. We could not report her to her regulating body if we wanted tom because we do not have any contact details and the Local Authority are refusing to supply them.

I do not think we are going to have a fair hearing at the Fostering Panel. The Independent Social Worker has also told us that our actions have raised issues of a breach of trust as well. The Local Authority are using a breach of trust as one of the reason to de-register us. However, we have an ongoing duty report instances of child abuse so how can this be considered to be a breach of trust?

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

I think there are two aspects to the original post.
One is the possible criminal activity of the management team. Undoubtedly for that professional legal advice should be sought.
But there is also the deregistration as foster carers which IMO is a separate issue and complaint could be made through LGO. This is likely to be quicker (altho' by how much I wouldn't hazard a guess) and to start with less stressful.
The reason for deregistration is "breach of confidentiality" although the OP says the judge ruled no breach had taken place. If complaining to LGO I don't think the reasons for the judge making that finding, or the other possible offences, are necessarily part of the LGO's consideration. And I doubt the LA will refer to those matters;

On the other hand I could be wrong and doubtlessly someone will be along to point out the error of my
ways:beagle2222:

If you look at the first paragraph of the OP's initial post, Des, you will see what the Foster Team Manager and other social workers were attempting to cover up. Ask yourself the question as to why they should try to cover up their attempts to allow a person whom they knew had a history of violence to have custody of a toddler. They then tried to gag the OP from reporting the matter. This raises serious questions of accountability and breaches of statutory duty, as well as duty of care towards the children involved. The de-registration as foster carers relates to this. Yes, it is vindictive, but, given what the judge said, they have openly and blatantly defied that judge's ruling and, in doing so, committed a Contempt of Court. The Social Services' treatment of the OP breaches the Human Rights Act 1998, which means the local authority has acted unlawfully, but the actions of the social workers potentially amount to offences of Harassment, Criminal Libel and possible Conspiracy to Commit An Offence At Law.

In view of this, the LGO would not have authority to intervene or investigate because the de-registration as carers is connected to what are, potentially, criminal offences. It is a matter for the police.

[fostercarer]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

Whilst preparing for the adoption hearing we spoke with toddler K's treating medical staff as we met with them on a regular basis when toddler K was in our care. They informed us that social services had not made them aware of our concerns about the abuse of Toddler K. We needed to check this because the serious case review of Baby D concluded that one of the reasons the abuse went on undetected was because of a lack of communication between agencies. It seems as lessons have not been learnt as the same social work teams are involved again.

However, the leading professionals at the hospital informed us that they were making safeguarding reports to social services about baby k. The next day a consultant telephoned us at home to confirm that members of her team had indeed reported safeguarding concerns to social services in Toddler K's new home town. In court the social worker denied any knowledge of any safeguarding reports been made about toddler K. We have the hard evidence to prove the reports were made.

We also think criminal offences have been committed.

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

We have the opportunity to put our case to a fostering panel. However, our hands are been tied behind our backs. The Local Authority are refusing to supply us with a copy of the rules and regulations we have allegedly breached. We are unable to obtain a copy of the report. We should be afforded the opportunity to respond in writing to the report and our response should be sent to the members of the fostering panel at the same time the report is sent to them. This is a breach of Section 6, Human Rights Act 1998, as your Convention Rights under Article 6 (Right to A Fair Hearing) have been breached. Convention Rights are those under the European Convention on Human Rights. The local authority are acting unlawfully by their actions as Convention Rights are inalienable and inviolate. By them making allegations against you, you are entitled to see the evidence they have against you.
At present we are still waiting for a panel date but it just seems so unbelievable that professional social workers can reach the conclusions that they have. A judge has ruled you did not breach confidentiality. It is highly likely Social Services are in contempt of that ruling.
I cannot believe that an qualified social worker could reach such a decision. We worked positively with the independent social worker and welcomed her into our home. On two separate occasions she failed to produce any form of ID. We could not report her to her regulating body if we wanted tom because we do not have any contact details and the Local Authority are refusing to supply them. Again, a breach of Section 6, Human Rights Act 1998 and Article 6.

I do not think we are going to have a fair hearing at the Fostering Panel. The Independent Social Worker has also told us that our actions have raised issues of a breach of trust as well. They must provide evidence of this.

The Local Authority are using a breach of trust as one of the reason to de-register us. However, we have an ongoing duty report instances of child abuse so how can this be considered to be a breach of trust? Why are Social Service so keen to shut you up? What do they have to hide? This is not normal behaviour. This is the sort of behaviour I would expect of those involved in something untoward and desperate to keep it under wraps.

Responses in red text.

In an earlier post, I have advised you to contact the National Pro Bono Centre. You need specialist legal advice which is possibly not available from High Street solicitors. Give the National Pro Bono Centre a call this morning.

[des8]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

BB I agree with you regarding the necessity of a proper in depth investigation into what are potentially serious crimes......BUT......

The deregistration could be seen as a different matter as it is being imposed for "breach of confidentiality" and now "breach of trust".
The LGO would only be deciding if there was a breach (judge says no), and if there was, was it justified. He would not be investigating the POTENTIAL criminal offences, which is the job of the police or other agencies(?)

The fact of a possible connection would not preclude the investigation by LGO. After all LGO investigate cases of e.g. neglect of the elderly in care where there could be potential crime. LGO can't investigate what has happened in court, or matters which are in court or about to be submitted to the courts.

Before using the LGO you do have to exhaust the council's own complaints service.

Is there not a support organisation you could approach for help and advice. I have just done a quick search and come up with FOSTERING SUPPORT Ltd (http://www.fosteringsupport.co.uk).

Obviously we assume the breaches of confidentiality & trust relate to the situation outlined in the original post. I am concerned the report has not been released to you, and wonder if you have been told exactly what is to be brought up at this panel.

You really do need professional advice as BB suggested in post 2

[fostercarer]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

This is just the tip of the iceberg.

In 2012 we had to use OFSTED's whistle blowing policy because social services were literally putting children's lives at risk. They asked us to look after a suicidal 9 year old girl. We refused for two reasons. We did not want our own children walking into the kitchen one morning and finding a dead girl on the floor. Secondly, we did not feel we had the expertise to deal with a child with real suicidal tendencies. A couple of weeks later we found out that social services had placed the girl without even informing the foster carer that the girl was suicidal. The foster carer had not taken any suicidal prevention precautions in the first two weeks when she was most vulnerable.
On another occasion they placed a baby with us and forget to tell us that this disabled baby was not allowed to sleep on her back because she literally choked in her sleep. There are many many more similar examples like this.

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

BB I agree with you regarding the necessity of a proper in depth investigation into what are potentially serious crimes......BUT......

The deregistration could be seen as a different matter as it is being imposed for "breach of confidentiality" and now "breach of trust".
The LGO would only be deciding if there was a breach (judge says no), and if there was, was it justified. He would not be investigating the POTENTIAL criminal offences, which is the job of the police or other agencies(?)

The fact of a possible connection would not preclude the investigation by LGO. After all LGO investigate cases of e.g. neglect of the elderly in care where there could be potential crime. LGO can't investigate what has happened in court, or matters which are in court or about to be submitted to the courts.

Before using the LGO you do have to exhaust the council's own complaints service.

Is there not a support organisation you could approach for help and advice. I have just done a quick search and come up with FOSTERING SUPPORT Ltd (http://www.fosteringsupport.co.uk).

Obviously we assume the breaches of confidentiality & trust relate to the situation outlined in the original post. I am concerned the report has not been released to you, and wonder if you have been told exactly what is to be brought up at this panel.

You really do need professional advice as BB suggested in post 2

I've read through the OP's initial post again and there are indications of collusion between social workers in the Social Services Departments of two local authorities. If the very serious matters had not happened, I would agree that the LGO could investigate and make a ruling. However, what has happened is very serious and what is happening is very serious. Laws are being broken by the social workers and this best dealt with by the police. As previously stated, professional legal advice is now essential.

[bluebottle]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

This is just the tip of the iceberg.

In 2012 we had to use OFSTED's whistle blowing policy because social services were literally putting children's lives at risk. They asked us to look after a suicidal 9 year old girl. We refused for two reasons. We did not want our own children walking into the kitchen one morning and finding a dead girl on the floor. Secondly, we did not feel we had the expertise to deal with a child with real suicidal tendencies. A couple of weeks later we found out that social services had placed the girl without even informing the foster carer that the girl was suicidal. The foster carer had not taken any suicidal prevention precautions in the first two weeks when she was most vulnerable.
On another occasion they placed a baby with us and forget to tell us that this disabled baby was not allowed to sleep on her back because she literally choked in her sleep. There are many many more similar examples like this.

No wonder the social workers are so keen to keep you quiet and discredit you if the catalogue of ineptitude and incompetence you allude to is anything to go by. Get professional legal advice today without fail. I shudder to think how many other children are at risk because of these politically-correct bozos.

[fostercarer]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

I've read through the OP's initial post again and there are indications of collusion between social workers in the Social Services Departments of two local authorities. If the very serious matters had not happened, I would agree that the LGO could investigate and make a ruling. However, what has happened is very serious and what is happening is very serious. Laws are being broken by the social workers and this best dealt with by the police. As previously stated, professional legal advice is now essential.

There is definite collusion between the social workers of the two authorities. When toddler K was placed with her
Prospective adopters the social workers never checked on her properly. This is how the abuse was allowed to go unnoticed for four months. We noticed the signs immediately when we saw her the first time four months after she left our care. The hospital staff confirmed she was presenting with the classic signs of emotional abuse. This was denied by both social workers.

Thank you both for your help and advice. I will do as you suggest first thing in the morning.






ome four

[enquirer]

Re: Suspended for breach of confidentiality. Reporting child abuse to the Police!

Social Services refused to give us any assurances or discuss Toddler K.

Technically, they were in the right.

We informed Social Services that we were going to the police to report the child abuse and we also told them that we was going to make an application to be party to the proceedings to object to the adoption. Our Fostering Team Manager forbade us from going to the Police or the court.

Trying to stop you reporting the matter to the police would amount to attempting to Pervert the course of justice. This is extremely serious, and if you are able to prove it, would give you a very large stick to beat them with.

What progress have the police made?

We had no option but to act in toddler K's best interest and reported the child abuse to the Police and successfully applied to the court to become party to the proceedings.

Becoming a party to the proceedings makes it appear as if you have become personally involved with the child. This may not have been wise.

At the adoption hearing the Local Authority tried to get a gagging order on my wife and I. The Judge ruled that we had not breached confidentiality and stated that she did no have the power to make such an order [etcetera ...].

Obviously, they are trying to suppress this.

As Bluebottle suggests, you would be wise to seek professional legal advice.