is this a breach of confidence

mum2one

This may sound like I'm making a fuss, but my concern is as the confidence / facts have been let out of the bag, has this person done the same via my information.

The background, I'm involved in a rather messy contact issue with my ex-partner, i am the parent with sole responsibilty, - in now in the hands of the courts and they instigated reports from cafcass officers.

Ex-partner cancelled 1st meeting
Ex-partner then had meeting
I then had meeting
Then DD was interviewed.

During the course of my interview, the officer gave me the reason as to why my ex-partner had not turned up for his appointment, (in fact happens to be a pack of lies - have written proof) concern 1

Again my interview we discussed ex-partners living arrangements and i told the officer that DD does not know she has a half brother, I was pecific with that point

The cafcass officer told DD that she had a half brother concern 2

There has been a letter of complaint put in, told 5 issues, - as a result of this complaint the court report has to have 2 admendments - the officer has admitted they were wrong to tell DD and apparently have to apologise, too late the damage has been done, apparently it has been reported to their line manager, who is dealing with it.

My concern is - they've breached his confidentially, breached mine in relation to DD, do i continue the complaint - but my concern is what else has been said - that is wrong.

MamaMoo_2

I think that if you specifically asked them not to disclose information that was not relevant to the matter at hand, and they did so, then they may have breached the data protection act. (obviously some things do have to be disclosed to others, but this is clearly not the case here)
Also, if they are giving false information (ie with regards to your partners reason for cancellation) then something needs to be done.
I'd ask for a new team to work with, in order to re-establish facts (although I appreciate damage has already been done)
I also think it may be worth finding out which bodies etc regulate cafcass and making the relevant complaints. I suggest you keep on at them until you receive a satisfactory resolution to your complaint, as they need to ensure that this doesn't happen again.

mum2one

MamaMoo wrote: »

I think that if you specifically asked them not to disclose information that was not relevant to the matter at hand, and they did so, then they may have breached the data protection act.
With DD and the half brother, we had discussed in general about parents having extra kids etc, and she said she would never want to know, which was fully explained to the officer, but she still told her.

(obviously some things do have to be disclosed to others, but this is clearly not the case here)
Also, if they are giving false information (ie with regards to your partners reason for cancellation) then something needs to be done.
They believe the reason for his cancellation, even though I told them it was incorrect, and that the "person who had been used in the excuse" was willing to state it was incorrect, they didn't want to know, thou the person has wrote to my solicitor

I'd ask for a new team to work with, in order to re-establish facts (although I appreciate damage has already been done)
Because of the nature of the report I was made out to be the wicked witch of the west, whilst he was Prince Charmimg, the new admendments balance this back out. I've asked for a new caseworker, but they won't give one as we have a set of dates from the court to work too, and they say that DD has a repour with this officer!!

I also think it may be worth finding out which bodies etc regulate cafcass and making the relevant complaints. I suggest you keep on at them until you receive a satisfactory resolution to your complaint, as they need to ensure that this doesn't happen again.

I'm represented by a solicitor, but due to low income its on legal aid, so only covers the basic's, hopefully he will have an address to take the complaint further - its a double edge saw, as it could make me look worse in court.

Def don't want to drop this, esp as they have admitted they are wrong, and I feel that person should be severly disciplined, if not sacked, how many others has it happened to and they've accepted it.

Thank you for replying, been a great help, and least know i'm not being paranoid etc xx

MamaMoo_2

Just wondering whether you have legal cover with your home insurance? If so, you may be able to get some legal advice with regards to this. If you ask for another caseworker, you should be able to get one, especially as this one has clearly abused your trust and ignored your wishes.
I wish you all the luck in the world, and hope that things work out for the best. X

mum2one

MamaMoo wrote: »

Just wondering whether you have legal cover with your home insurance? If so, you may be able to get some legal advice with regards to this. If you ask for another caseworker, you should be able to get one, especially as this one has clearly abused your trust and ignored your wishes.
I wish you all the luck in the world, and hope that things work out for the best. X

Thank you, never thought of the home insurance, - yep we have legal cover, def worth getting them to look into the "work of the cafcass" officer.
xx

mum2one

Just sent a copy of the cafcass letter to the solicitor, so have to wait and what he says, but am def bearing in mind the house ins side, - got court case Jul, hoping will be the final one, then go ahead easier from there.

MamaMoo_2

Good luck xxx