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25kg of files is too much to handle on my own now - how can end this nightmare?

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  • 25kg of files is too much to handle on my own now - how can end this nightmare?

    I need help. I mean, a PROPER two-day discussion with a paralegal or something. Or advice on crowdfunding or something.

    I now have 2 large storage boxes totalling around 25kg of files related to my case - much of it SAR responses.

    I had been wrongly denied legal aid - by the time LA realised their error and agreed I was eligible, I'd been arrested for the first time in my life and spent 11 nights in prison because of extremely poor legal representation (he fell asleep in the interview). The subsequent bail conditions before trial left me banned entirely from my own country of Wales for 4 months, sleeping on a friend's floor, which meant my business of a decade collapsed, and I am now, for the first time in my life, on the dole. But too late - I can't appeal because I was forced to admit guilty, even though I wasn't. (Bribe was: plead guilty and we won't put you back inside, force a trial and we'll pretty much block your evidence and find you guilty anyway).

    The representation in court by the £360/hour barrister was appalling, The final result is that I am left with a totally unworkable 5 year restraining order, listed under the wrong case number, to include a bizarre prohibition on being on any of a 30 mile stretch of main road totally unrelated to the original event, at weekday peak travel times, when the event itself happened in a town centre on a Saturday afternoon. This was requested by the complainant and bizarrely accepted by the barrister without consulting me, and effectively not only makes work impossible due to the road location, but effectively prevents me from seeing my son for 5 more year. The solicitor's response is "well, we got you out of prison didn't we? Just suck it up for 5 years or move". I also owe £15k to friends and family who clubbed together and hired the solicitor to get me out of prison. Incidentally, I was held illegally for an extra night after the court lost the bail paperwork.

    The thing that I was arrested for was alleged breach of a non-mol against my son (11), an order which was instigated and paid for by CAFCASS on behalf of the mother, without any evidence of harm at all. CAFCASS had pushed the hearing through knowing full well that social services were working on S16 and S47 reports. I appealed for a delay for the reports to be finished, but CAFCASS persuaded the judge to go ahead. Of course, when published, the S16a found "no evidence" of the mother's claims, and the followup S47 found that "this was not the first time she had changed her story", and that their concerns lay not with me, but with the fact that the damage being done to my child was "to satisfy a need in the mother".

    But by then, the non-mol was in place, and the icing on the cake was a S91 to stop me appealing. During that hearing, I had no representation, while on the other side, there were 2 barristers for CAFCASS, plus the CAFCASS worker and head of CAFCASS, and my ex's barrister was allowed by the judge to read, live in court and verbatim, what she wanted in the non-mol. This was pushback from CAFCASS because I'd submitted a complaint after the case worker found that I had been diagnosed (and treated for) ADHD a few years back. I had not told anyone, but she revealed this to my son without checking with me, against the strict order of the court that they should ask my permission first. Of course, it was then all round the school. Nice.

    While I had those 4 months to think since last November, I fired off a number of subject access requests, including to the CPS, police, social services, and education services. The result of some of those responses turned into complaints to the public ombudsman and ICO. The result of those are now bearing fruit, and it is getting incredible messy, very fast.

    In the right hands, the info could make things extremely uncomfortable for the local education authority and the police, would prove beyond doubt she (and an officer) lied in statements, and most importantly totally put an end to this nonsense.

    This is where it is getting very frightening - and I'm not using that word lightly. I met a bloke who had ten years of his life ruined by a nutter who accused him of rape after she didn't get what she wanted. He lost everything, had to go into hiding. In the end he was cleared, and while the woman was eventually charged, she didn't even go to prison for it. (Insane, but that's a whole other issue, not for now - he ended up writing a book about the whole experience).

    I know my ex well enough to know she'd do that, and I now know the way she treated previous partners. She's already shown she has no problem ruining our son's childhood to get at me, so a rape allegation if things stopped going her way wouldn't be a stretch for her at all. I've had a couple of friends who are doing law degrees helping me as best they can legally so far, but they've never come across anything like this before.

    Of course, at the bottom of all this is a dispute over property - there was never any issue with my son in the first place. But she is not even letting me sell the property to pay her off - we agreed an amount, and every time I get close to selling, she frustrates it. She doesn't even want or need the money - new rich bloke has bought her an entire house. This is all about extreme and intense control, which has been going on since 2019 when I met someone else (my ex having left in 2016).

    If you think this all sounds a bit tin-foil-hat and conspiratorial, you're not alone. Reading it back, it sounds nuts, right? I mean, nowadays, no police officer so blatantly files a different report to the CPS than the one provided in a subject access request, do they? Surely I must be hiding something, right? A few slaps when I got drunk, maybe? I've said it before in previous posts so I'll repeat it here again:
    Prior to the non-mol arrest a few months back, I had never been arrested nor charged with anything related to domestic violence or abuse, nor child neglect, drugs, alcohol, violence, theft, driving - NOTHING.
    In fact, the people who put their names on letters of support to the court included: 2 serving mayors, 3 teachers, 2 doctors, a retired psychiatrists, 3 retired police officers and 1 retired custody sergeant.

    Of the two witnesses my ex provided, one had their own written evidence contradicted by what they told the officer, and the other contradicted my ex's own evidence (she said I gone to "fight with" him, he said I'd not threatened anything at all). In fact, the police's own CCTV footage contradicted her, and yet none of it seemed to matter in court.

    Oh, and the reason my ex invoked the non-mol in the first place? It's because, that same week, she'd attempted to illegally change my son's surname at the school, in breach of the same order on which I was arrested (which says "no person shall cause a child to be known by a different name"), but when I pointed that out, the police did nothing! So the pushback from her was to then report me and get me arrested.

    So, that's where we are: 16 family court hearings, an S7, an S16, and S47 and an S91. 25kg of paperwork across multiple folders - and that's just what was sent to me in print. Then there's another 4.6Gb across 1,864 files in 107 folders, all since May 2019.

    At least a dozen previous reports by her to the police all NFA'd as "not a police matter", 12 subject access requests from me to various bodies, 5 public ombudsman reports, 2 complaints still in progress with the ICO (5 months and counting, actively being worked on), missing money from my son's trust fund account. Oh, and did I mention that when I spotted something redacted from the council that suggested he may have had some harm while in her care, when I wrote to the doctor (when my son was 10), they asked her before they replied to me. And when they did (once the local health board got involved) the explanation was that it would "cause mental harm" for me to see his records, even though I have full PR and am well known to the practice (in a good way). They refused to explain further.

    And when I asked about his work at school, apparently she'd been in touch with them and again, this bizarre "mental harm" excuse was wheeled out, followed by some guff about "Gillick competency" - we are talking about a child of 10 and access to school records which is totally my right in Wales as a parent with full PR. Gillick Competency has nothing to do with it. The education dept went into lockdown mode and refused to respond even to a request by my representative MS in Wales agreed the LEA may be wrong and upheld my request and intervened for me. The LEA said a meeting would "not be helpful". No, it certainly wouldn't be, to them!

    The net outcome of all of this will mean I will have had no contact with my only child from between the age of 9 to 17. That surely cannot be right.

    I could also mention that this all stepped up a gear when I noticed that £3,500 was missing from my son's child trust fund account, and then somehow my ex, as a private citizen, got a recording of my call to the bank, trying to tell the court that my call to the bank to check about our son's trust fund account was a form of stalking her. WTF!

    Perhaps it might be noteworthy that the judge twice took over 200 days to deliver his written judgment, that the applicant "made him blush", and was the one that slapped the S91 "no appeal" order on me, even though I was a first-time respondent litigant in person in a non-DV case and even himself noted that I had not invoked any of the court hearings?

    I collect long lists of solicitors by recommendation, and work my way through them, and all I hear is that it's "too complex" for their firm or that they could do it but they'd need a downpayment of £30,000 to read in the papers, or that they recommend I speak to a human rights barrister. Right, anyone know of any UNDER £8k per day?! Sometimes I try breaking it down, focusing on, say, education law. And then once I start speaking to the solicitor and it becomes clear there's a whole load of other stuff, then I'd have to be talking to multiple partners and everyone is busy until September 2023 and here we go again.

    I've been ripped off four times now - one got immediately sacked by his firm and I got my money back, one has taken the money but not done what they said, one is still being dealt with by SRA (2 years now) and when I caught the one dealing with the property lying about things they said they'd done, at least they didn't dare ask for the remaining bill and provided my enormous file, in print, and presumably great expense to them. But what makes solicitors think they can say they sent a doc to the other party, and not think I might actually check with the other party to see if they did? Do most people just get away with it?

    If that was stressful reading that, this is all my life is now, from dawn to dusk, and I need my life back.

    Who can I turn to? Because I need PROPER protection and advice now: Si Vis Pacem, Para Bellum
    Tags: None

  • #2
    What an awful experience. You have my sympathy. However as I think we have discussed before I do not understand how you spend 11 nights in prison for a first time breach of a non-mol order with no DV history etc? I think you just spoke to your son? No threats of or actual violence. You would have had to have had a hearing to see if you should e granted bail or remanded. What were the reasons for keeping you in? I have also had problems with a solicitor (property issue) and the Ombudsman was useless but this ordeal is another level.

    Comment


    • #3
      4th attempt at reply - going to try breaking reply into 2 parts in case posting problem is size related...

      Originally posted by islandgirl View Post
      What an awful experience. You have my sympathy. However as I think we have discussed before I do not understand how you spend 11 nights in prison for a first time breach of a non-mol order with no DV history etc? I think you just spoke to your son? No threats of or actual violence. You would have had to have had a hearing to see if you should e granted bail or remanded. What were the reasons for keeping you in?
      You are correct - first breach of non mol, no DV history. I went to station days after event, voluntarily "just to answer some questions", was immediately arrested because non-mol says "if breached, no arrest warrant is required", so they used that. Was denied ADHD meds, ankle was in excruciating pain and so as time dragged on I kept pointing out that I had an ankle op next morning that I had waited over 2 years for (COVID delays), and they just kept telling me things like "don't worry, we'll have you out of here as soon as possible". At sometime around 3:30am, after having been held since 4pm, I was told I was being charged and taken in a van to court the next morning. I had found the whole arrest/DNA/sleepy duty solicitor experience exhausting, and I had not slept since 6am the day before.
      As I realised my world was crumbling around me, and with the emotions of seeing my son for the first time in years, followed by not being able to get hold of anyone with my 2 calls, and now this news, I lost it and broke down in the cell and apparently wept in the cell until I fell asleep for about an hour until woken at 6am.

      I was then put in a van, and we started heading to one court, then was diverted to another court. About 3 hours on the road in the sweatbox in all. When we arrived at court, my contact with the duty solicitor for the hearing was via a tiny mobile phone as she was remote. I tried my best to explain, and then she totally misrepresented what I'd said in the court, while sniggering behind her hand at my name on the video link. I was then taken straight to the UK's largest prison in remand and it was 5 days before they'd set the phone system up so I could speak to a solicitor (they set everyone else up within 24 hours). But hey, nice of them to phone my nearly-80 year old mum and let her know I was on suicide watch because I broke down after being arrested, but that they wouldn't yet tell her where I was or why....

      When I got out 11 days later explained a lot of this to people more familiar with this kind of thing, and they said that a lot of it didn't sound right. So I thought I'd do some digging, and this is what happened (tops and tails of emails abridged for brevity). The thing that is really bothering me about all of the info below is:

      1: I thought there was something odd about it when the police said that it was the CPS that were responsible for the cell video etc - surely sending the CPS that info is like providing the enemy with ammo?

      2: It was my request, not my solicitors - why did they not copy me into the reply to the solicitors (who never told me they'd received anything from the CPS anyway).

      3: If the police had been told by the CPS that it was the police that should be dealing with it, then why did the police not respond to me at that time? And if the CPS received my request on 17th January, why did it take them until 5:30pm on 15th April to reply?

      And after all that, I STILL don't have the CCTV footage or custody record (the former being the more important thing) and I've tried calling a few times, but no-one can find the footage. The solicitor seems completely uninterested in any of this, or indeed even answering my emails now. Is this normal?!?


      Wed, 17 Nov 2021, 10am - Me to police, via correct email address for this request:

      Can I please request a copy of:
      • The custody record which I understand I am entitled to?
      • The interview notes (if they are separate from the recording).
      • A copy of the CCTV footage from the holding cell I was in, for the duration of the time I was in it. If this is not something I am directly entitled to, then please let me know if it is something a solicitor could request access to.
      • A copy of my valuables record sign-in. It included a mobile phone and a smart watch, which were not returned to me on release from XXXXX, and have still not arrived by couriers as promised, despite being released on 6-11-2021.

      During the interview, the officer read out matters on the charge sheet which I have not seen, been made aware of, or received on any charge sheet. For example, one of the allegations put to me was that the complainant had seen me "running past her house", but the questioning officer was not able to tell me what date that was on. Where would I get copies of these records from?

      Comment


      • #4
        Failed to post again, so I'm going to remove some links in case it's that...


        Wed, 17 Nov 2021, 11:37 - Police to me
        I confirm we have sent your request on to our Case Progression Unit to respond to you direct as they are dealing with your case.
        Mon, 13 Dec 2021, 12:54 - Me to police
        Good afternoon, and thank you for forwarding my request to the Case Progression Unit, however, I have not heard anything from them, nearly a month later.
        13 Dec 2021, 14:51 - Police to me
        We acknowledge your emails dated the 17.11.21 & 13.12.21 and a response will follow in due course.
        Thu, 16 Dec 2021 at 10:24 - Police to me, CC CPS
        Following on from the below thread of emails, your request has been sent to the Crown Prosecution Service to provide you with the disclosure you requested.
        17 January 2022 14:52 - Me to police, CC CPS
        It is now two months since my original request, and 6 weeks since the request was passed to the CPS.
        I'm keen to understand what the delay might be, or whether this is a final response.
        18 Jan 2022, 09:27 - Police to me, CC CPS
        Please see below emails. Please can you respond to Mr XXX and provide the documents he is requesting asap.

        Mon, 21 Mar, 15:15
        I made a request on Wednesday 17th November 2021 under the following guidelines:

        https://www.gov.uk/request-cctv-footage-of-yourself
        https://ico.org.uk/your-data-matters/crime/

        I have still not received a response, and it is now 124 days, or 4 months and 4 days since my request - please see the extensive chain of emails and calls below.

        There are no current or outstanding court cases or prosecutions pending and therefore no reason to delay further, and I would now like ALL of the data I am entitled to regarding the arrest, including any video, audio (but excluding the actual interview recording), plus custody records and notes. Please provide this in full no later than the 31st of March 2022.

        I am now copying in X and Y, after speaking with the IOPC helpline earlier today, to bring it to their early attention.

        Your assistance in this matter is appreciated,

        21 Mar 2022, 16:56 - PSD to me

        I acknowledge receipt of your below email. I am sorry to hear that you have received no response to your request.

        The procedure and link to request your information held by XXXXX Police can be found at the following (removed). I will also forward a copy of your email to the XXXXX Police Data Protection Department, so they can advise you if there is anything further you are required to do
        Then I got this from the CPS, with the email sent at 17:30 on Thursday 14th April (Last thing before long weekend so I couldn't do anything about it).

        Thank you for your email dated 21 March 2022. Your request has been passed to me as the District
        Crown Prosecutor responsible for the prosecution of Crown Court cases in XXXXX.
        In your email you have requested all data regarding your arrest, including any video, audio (but
        excluding the actual interview recording), along with custody records and notes. You express concern
        that you originally made your request for these documents to the XXXX YYYYY Police on
        17 November 2021 and have not received a response.
        I further note from our records that you wrote to the Crown Prosecution Service (CPS) on
        17 January 2021 requesting the following documents [as above]

        Following an investigation, the police will provide relevant and necessary information to the CPS to consider whether a case should
        be prosecuted and present a case at court. As separate organisations, the CPS do not have any supervisory responsibility of the police
        In relation to your requests, I understand that you have been corresponding with the police. XXXX
        YYYYY Police emailed the CPS on 18 January 2022, copying you into the email, asking us to respond to
        you directly, providing the documentation requested.
        We wrote to the police on 7 February 2022 to advise them that we were unable to action your
        requests because we did not have the items you asked for. We advised the police that they should
        respond to you directly.

        We wrote to your solicitors on 7 February 2022 in response to your email of
        17 January 2022 advising that apart from the custody record (which your solicitors could obtain
        themselves from the police), none of the other items you requested were in our possession. We
        advised your solicitors to make you aware that you would need to write directly to the police for the
        documents you were requesting.
        Unfortunately, the position remains the same, we are not able to provide you with this material as it
        remains in the possession of the police. Contact will need to be made directly with XXXX Powys
        Police to make a request for this.
        As I have already mentioned, the CPS do not have any supervisory function of the police. If you have
        further queries in relation to obtaining material from them, contact will need to be made directly
        with XXXX YYYYY Police. If you do not have a direct contact point, details can be found on the below
        web site. (removed)
        I am sorry that I am unable to consider access to these documents. In addition to you contacting the
        police, I will also make XXXX YYYYY Police aware of your request.
        For your assistance, I also enclose below a link to the CPS Feedback and Complaints Guidance, a copy
        of which was forwarded to you with our letter of 16 February 2022.

        Comment


        • #5
          Wow. Arrested and appearing in court I get (rightly or perhaps wrongly). But remanded? Why not released with non-contact conditions? Reasons for remand have to be given and are a matter or record. Fear of further offending? Protection of witnesses?
          Police provide CCTV etc to CPS.

          Comment


          • #6
            I know that the bail conditions were to "protect interference with witnesses", however, there was never any suggestion that I had, or would, make any contact with the witnesses. Nor would I have any reason to because essentially they'd made my case for me!

            But you got me thinking - I've not seen any record of why I was remanded. I will try and get that. I was so tired I couldn't remember exactly what the judge said, other than "nonetheless, there is a breach of the order so I remand until trial", but he didn't set a trial date then, either, which seems odd. That's what freaked me out - I was going down, but I had no idea of how long for!

            All of that said, this is a tiny part of a far bigger picture, and going back to the original question, I just don't even know where to begin to find someone to just take a look at the whole lot and go "right, we start with this and take if from there".

            Comment


            • #7
              In the courts I work in a) a reason ALWAYS has to be given for remand. You are assumed to be entitled to liberty unless there is a compelling reason why not. b) a date for a trial (or a directions hearing) is ALWAYS fixed.

              Comment


              • #8
                Well, I'm still awaiting a response to my December '21 request for much of the above from the police, but that's a topic for another thread!

                Comment

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