False Record Keeping (Perjury) by UK Social Services: Where's the Honesty?
Nov 20, 2016 — Dear Supporters,
did you know, that when social workers write records and reports containing false statements, they are breaching the UK's Perjury Act 1911?
http://www.legislation.gov.uk/ukpga/Geo5/1-2/6 because the documents they are writing arise from laws that have been passed such as the Children Act 1989.
The following articles are just the tip of the iceberg about SWs committing perjury (this information may also be useful to others):
"A council social worker is facing allegations of misconduct and dishonesty after she was accused of falsifying child protection documents."
"That led to him [Martin Sands] “deliberately recording false information over Children In Need plans when meetings had not taken place.”
"Social services staff asked to make decisions about the future of five children were involved in an attempted ''cover-up'', a family court judge has said.
Judge Mark Horton said there had been a ''deliberate and calculated'' alteration of a social worker's report."
Think about it, for SWs to feel comfortable enough to do that, means the SS culture encourages or allows it. It means there is a strong likelihood for a pattern of behaviour. Think how many go unreported and are not caught. From the Perjury Act:
"5 False statutory declarations and other false statements without oath.
If any person knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular, and the statement is made—
(a) in a statutory declaration; or
(b) in an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorised or required to make, attest, or verify, by any public general Act of Parliament for the time being in force; or
(c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act of Parliament for the time being in force,
he shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment, . . . F13, for any term not exceeding two years, or to a fine or to both such imprisonment and fine."
And further, any other professionals providing false information to social workers...
"7 Aiders, abettors, suborners, &c.
(1) Every person who aids, abets, counsels, procures, or suborns another person to commit an offence against this Act shall be liable to be proceeded against, indicted, tried and punished as if he were a principal offender.
(2) Every person who incites . . . F14 another person to commit an offence against this Act shall be guilty of a misdemeanour, and, on conviction thereof on indictment, shall be liable to imprisonment, or to a fine, or to both such imprisonment and fine."
Additionally, under the UKs Data Protection Act 1998 (https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/correcting-inaccurate-personal-data/) it also says that records have to be accurate and if an individual has challenged their accuracy, this has to be made clear to those accessing the data (a court can order a statement of true facts to be added to the record also). Expressions of opinion also have to be accurately recorded.
The following information relates to child protection related data management by schools, but the same legal principles apply and it repeats the legal duty for accuracy and mentions not only the Data Protection Act, but human rights principles:
It goes further by saying: "41.Distinguish clearly between fact and your professional opinion."
So there you have it. Social workers have a legal duty to obtain consent and not to lie or mislead in their records and if they do, they can face up to 2 years in prison. (It's up to 7 years if they do so in court).
Isn't it time social services understood the law and did their jobs properly and lawfully?
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