Social Worker Biased and lied in court. Defamation?

awara

Hello,

sorry if it is not the right forum but I am looking for someone went through the same problem and advise me please.

Social Worker lied in statement submitted to court in my child contact order application.

I visited the children school and on reception I signed visitor book, giving visitor pass and was escorted inside the school to my child class room where my wife was already setting with the child. Any I left the school and singed off and left.

Social worker claimed the school reported that I had unauthorised accessed the School and located my wife.

The judge issued non molestation order, I was not at court to defend it.
I contacted the school and the school denied any such language used and it was the social services to blame.

At my next hearing I showed the proof to the Court and the order was removed. however the social worker is now angry and making it difficult for me to see the child and court even asked her to submit section 7 report.

Can I sue the Social worker for Defamation for libellous statement in court which is not public but still damaged my reputation to family and friends and effected the court perception that I might be a bully/criminal to do such things.

How can I get rid of this biased liar social worker and let someone else prepare section 7 report when the whole social services is on her side.

Thanks

Dill

Hmm, do you have the money to pay for a solicitor? It is quite difficult these days to get legal help unless you've got the means to do so.

awara

Yes I can represent myself and I can pay the solicitor if I have to but is it doable? thanks

Guest101

Until you see the report you cannot know what she says.


Similarly your ex could've told the SW that you had 'tracked her down'.


The report, whilst giving some indication of direction, must be factual. So once you have a copy you can challenge any 'facts'.


Finally - the non-mol. What actually happened? As often they aren't discharged for no reason.


Similarly - non-mols are used to get legal aid, your ex now wont have that. So does she has a solicitor?

pphillips

The general rule is you cannot sue for things that are said in court. If the libel was not published then how can you prove it affected your reputation? If there was slander then what was said by the social worker and how was your reputation damaged as a result?

awara

@guest101 yes I have the copy of the statements and the school already denied that. They also given me statement that shows it was the Social Worker who fabricated the facts.
no ex has not solicitor yet.

@ pphillips, you are right That's the reason I wanted to discuss here.
I already showed the judge all the proof and the court set aside the order.
I read the defamation act 2013 and I found bit about MATTER OF FACT which I understand is not Truth and Honest Opinion.

Yes it happened in court not public but my family and friends knows as the social worker would discuss these things before hearing with my friends around. If this is not slander or libel how can I get her for lying in court? As it is also affecting my right to see the kids unsupervised as the court says it is upto the social worker to see fit if Dad can have supervised or unsupervised contact. Guess what I am getting.

Guest101

If she is lying in court then that's a serious offence. BUT if she's giving an opinion then it's different. The statement will probably be carefully worded.


If she's discussing your case in public, that is a governance issue and you need to complain to the authority who provide social care


You need a solicitor, as the court is incorrect, the CAFCASS report only forms part of the decision. Unless there is a safeguarding issue, there is no reason for supervised contact.


You've not given any background, so what was contact prior to this?
What was outcome at mediation?
You need a professional to rip this case apart.


Was there any DV? Do you have PR?

FBaby

What is exactly written that she supposedly said?

Was this for a parent-teacher evening? Could it be that what she said (or meant) was that you didn't have permission to be at the parents' evening, ie. it is common for school to ask in advance who is going to be there and limit to two people for instance.

Guest101

FBaby wrote: »

What is exactly written that she supposedly said?

Was this for a parent-teacher evening? Could it be that what she said (or meant) was that you didn't have permission to be at the parents' evening, ie. it is common for school to ask in advance who is going to be there and limit to two people for instance.

In cases of separation they do two appointments typically.

onomatopoeia99

You need proper, paid for, legal advice. The circumstances you have described make it sound like the social worker has perjured themselves, which is a very serious criminal offence that could see them in jail for up to seven years. For the good of everyone in your local authority area that might need social services in the future, you may wish to chase that up to ensure it is properly investigated.

securityguy

Evidence given in or presented in court is by definition not defamatory. Reports of it are subject to absolute privilege.

"Can I sue the Social worker for Defamation for libellous statement in court"

No.