SS wont acknowledge the video evidence against them

[SSvictim]

Long story short and with no real details about my case and only my complaint.

I live in Scotland, for the law part.

Basically I have quite legally video recorded social workers, in my home, that are working on my case. The video proves that the workers have falsified what transpired and was said at the interview with them and what they entered into documentation. They have used their falsified details against my family, with great success.

The complaints department will not even acknowledge the complaint I put in or the evidence I offer. The Executive Director says that the complaints section has responded to it but they have not.

What can I legally do with my evidence? The SPSO cannot do anything about it except get involved on the administration side of the complaint, not the details of or why I am complaining. Just the fact they have not responded.

In a reply to an earlier complaint, before I had video evidence, one of their lines reads:

"It is of course possible that the workers have both misreported their conversations with you and falsified records."

Direct quote, no editing. I also feel that SS actions towards me since my initial complaint have been nothing more than retaliation.

I am just curious to know what I do to take this further.

[missisipii]

Complain to GSCC, registering body for social workers. They will see video evidence.

[saintlyjimjams]

Can you also comp,aim to your loacl council using a stage 1 complaint (you can usually do this via the council's website). They have to respond within a certain time and if the response isn't satisfactory you can eventually get to the local govt ombudsman. Councils hate that so it's worth mentioning in the first complaint that you will follow the complaint through to the lgo if necessary. I have used that method before when SS were being useless.

[SSvictim]

Thanks missisipii, checked it out. Its the SSSC up here. I only got one of their 'real' names last week and it is a line I intend to pursue.

What I am really curious about though is, are they commiting fraud by doing what they are doing? I would rather cut out the middle-man.

en.wikipedia.org/wiki/Fraud:
According to the Collins English Dictionary 10th Edition fraud can be defined as: "deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage".[1] Bold: In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain.

[KristinaM]

I would love to know the answer to this too. Sadly your experiences are nit uncommon. The only bit that's unusual is having vidoe evidence of it.I hope you get justice for yourself and your family

[SSvictim]

@saintlyjimjams: This is a stage one complaint and they are ignoring it, they don't appear to care.

As a note and very important, the Ombudsmand cannot get involved under certain conditions like if the investigation is subject to a children's panel.

They bought enough time in my case to make it so the ombudsman cannot get involved. Also the SPSO cannot actually do anything about social work except kick their backside for not replying to a complaint, they cannot get involved with the complaint itself.

You need to go stage 1, stage 2 and then review committee. Believe it or not, outside that I have not found anywhere to go except the SSSC, which only takes complaints about individual social workers.

Seems to me that they can pretty much do as they wish with no outside threat to misconduct.

[SSvictim]

@KristinaM: I recorded it, told them it was recorded AND they still went back and lied in full knowledge it was recorded.

Perfectly legal to use covert surveillance in your own home, even if they kick and scream you broke a law.

[yerblurt]

Stage 1 complaint, escalate it to Stage 2 complaint.

Involve your MP.

Go to the newspapers.

SS are scum.

[SSvictim]

@yerblurt: MP has been involved and in fact made the initial complaint for me to the Executive Director. Cant go to the papers :(

See what Im dealing with here? All the 'usual' avenues approached, if there is such a thing as usual in a case like this.

I have covered: MP, principal complaints officer, executive director, customer relations, head of service, operations manager, service manager, team leader. Only thing I havent done is ask my solicitor to get involved.

Yes, seriously.

[eviscerateyourmemory]

Why can you not go to the SSSC and make a complaint about each SW involved as an individual?

[SSvictim]

@eviscerateyourmemory: I can do that and will sooner or later but it won't in any way help my actual case. All it will do is 'possibly' get the workers involved disciplined. It will not make SW change the fabrications.

Great system aint it?

Seriously, who designed this system that has zero transparency and governs itself?

[eviscerateyourmemory]

If the SW concerned were disciplined by their professional body for falsifying records, surely the SS department would stop relying on the content of those records?

[SSvictim]

@eviscerateyourmemory: nope. Apparently an investigation into conduct cannot affect the content provided by them. What you are saying makes perfect sense, it is what I thought, however ... Disciplinary action by their professional body does not in anyway effect any decisions made. They cannot overturn any decisions or force the case to be reviewed. The SS body has no wish to stop relying on any records because then they would have to admit there was fault within their dept.

A SW can be struck off for misconduct and the SS body can keep using their evidence provided.

The way it SHOULD work is you complain to the governing body, say they find in your favour, the case should be reviewed or reinvestigated.

They way it DOES work is you complain, say they find in your favout, SS can do what they want with the info they have.

Believe me on this, Im living it and thats how its going.

[KristinaM]

what about scottish information comissioner ? you can access your file and use this office to have the incorrect information changed i think? or at least get an alternative view put on file and stop them passing on the wrong information to other agencies

[SSvictim]

@KristinaM: All you can do is ask for the information, there is nothing to make them change it. Even some of the things they do not need to disclose under the FOIA.

These people, SW, said I needed a psychiatric evaluation, they held it against me for months. I got one done that shows I am mentally the opposite of what they made me out to be (I am stable and have not acted outwith the boundaries of any normal person in my situation). You know what? Now they wont ask for a copy of it and say they have not seen it so they are holding that against me. It is like this MP explains:

[KristinaM]

also see here

"Data Protection ? when and how to complain

Under the Data Protection Act, those who collect and use personal information have to follow rules of good practice for handling information (called the data protection principles). The Act also gives rights to individuals whose information they collect and use.
How do I know if my problem is a data protection problem?

You might have a data protection problem if any of the following apply to you:

* You have been denied any of your rights, including your right to see the personal information an organisation holds about you.
* Personal information about you is used, held or disclosed:
* unfairly
* for a reason that is not the one it was collected for, or
* without proper security.
* Personal information about you is:
* inadequate, irrelevant or excessive
* inaccurate or out of date, or
* kept for longer than is necessary."

[SSvictim]

Something else while I am thinking about it. My children were not placed on the child protection register after 3 meetings, they were placed on it after a fourth. What changed between meetings 3 and 4? Well for one, I made a complaint.

I was informed by SW that as soon as someone makes a complaint they 'jump on it' because they think a smokescreen is going up.

I call it retaliation.

[SSvictim]

@KristinaM: I totally get what is being said there, however ...

Those rules do not apply to SW. Also, here is a real kick in the teeth to people in my situation, when you are talking to SW it is NOT WHAT YOU SAY to them, it is THEIR PERCEPTION OF WHAT IS SAID. This means, speaking from experience again, I can say 'that is black'. The worker can 'perceive' me to have said 'that is white'. Sounds really crazy, because it is. My partner said 'I dont think thats relevant' in a passing comment. SW have it documented as her arguing with me saying 'what has that got to do with anything'. Apparently they are allowed to quote you and change the words along with attitude you used BECAUSE IT IS THEIR PERCEPTION.

There were about 12 people at that meeting when that came through, no one except me challenged them.

Seems like I have an answer to everything, that would be because the answers I am using are SW's.

Crazy, crazy system.

[saintlyjimjams]

Will read this very carefully as I am planning to (openly) film my next care review with SS (they are trying to cut services here and I want to do what I can to protect my son's current level of support). I assumed filming would help- it sounds as if not.

Isn't there an mp who posts on here who is interested in SS misusing their power in cases involving children. John something? Might be worth searching in here I have seen him on a few threads.

[saintlyjimjams]

Can you get the meeting transcribed? Then when you write you can include the transcription so people can see what was actually said.

[saintlyjimjams]

Actually my mother has had a similar problem with her employer (the nhs) where her boss has written a fabrication about her. She put in a grievance and the outcome of which was that it did sound a bit bad but her boss didn't really mean it to sound like that and meant something else entirely so therefore there was nothing to remove (WTF???).

Can you put in a specific complaint about the lie - or is this what is being ignored? Local councillors can sometimes be more use than mp's in this sort of situation.

[saintlyjimjams]

I would get the spso involved so that they are forced to respond to your complaint (or can you put in a stage 1 complaint complaining that they have not responded - there are statutory timeframes aren't there? And take that to the lgo if necessary). Once they have responded then you can move to a stage 2?

Any chance of legal advice?

It sounds incredibly difficult.

[SSvictim]

@saintlyjimjams: I recorded mine covertly because the chances of them treating me wrongly as they have been would have been drastically reduced along with the fact they most likely would not have agreed to it. I did have most of it transcribed, however I deleted it. My local councilor would not get involved, heh, seriously. I have considered telling the MP that but have not. The statuary timeframe is 28 days though for some reason our council uses 21 days and they just ignore my letters. All I can do for now is make a complaint to the SPSO.

What I do not get is the fact you can have proof such as mine and complain about false statements from workers and have it held it against you with them saying 'you are creating a smokescreen and trying to divert from you being investigated'. Where does that logic come from? I can see their point to a certain extent, but only to a certain extent.

[SSvictim]

BTW when I say covertly the camera was not hidden. I just did not tell them it was on. One actually looks directly at it before they sit down.

[melvinscomment]

@ SSvictim .... It was a good idea to video your meeting with the SWs, but if by "I deleted it" you mean you deleted the video then you don't have any evidence any more, re what was said or not said.

[SSvictim]

@melvinscomment: I deleted the transcript I still have the original video on the original medium as well as dvd, usb, hard drive and MP4 backups at home and also securely held elsewhere. The only way I wont have a copy of the recording is if there is a planet killer event, in which case it wont really matter at that point ... though cockroaches have a tendancy to survive, so you never know ;)