QLD False Allegations Reported to DOCS - What to Do?

[KEW77]

Hi,

I'm new to this but I'm hoping someone may be able to point me in the right direction. Or tell me I don't have a chance.

2 weeks ago, DOCS turned up on my door step asking to come in as they had been advised that my 19-month-old son had been belt around the head several times & hit over the head with a lamp. There were 2 ladies & no police officers.

From the moment they walked into my home they could see and admitted this was a major false allegation as my son had no marks on him & was running around like a normal active boy. However, this one lady was out to get my partner and I for some reason. She was rude & aggressive and wanted to put us on a safety plan & said that the bottom line is if we don't do what she says she would take my children.

Well to this comment I got very aggressive back & said some very choice words. I've only ever smacked my 9-year-old daughter twice in her life, and the first time she turned around and said "are you going to apologise for that ( little ratbag)?"

Anyway 5 days later, we have another meeting and she tells me on the phone that all is good and it would end today. We go to the meeting & now she lies, and says it doesn't end. She wants another 7 days as she hasn't completed her investigation. Reluctantly we agree.

During this time, I inform her we live in a small town and could she be discreet as gossip had already started and it was affecting my daughter at school as mothers that heard wouldn't let their kids play with my daughter. Yep, bulls**t hey but that's small town mentality.

This did not happen during her investigation as I found out she spoke with the admin who happens to be best friends with the gossip queen of my daughter's school. When I asked the DOCS lady if she realised what she'd done she says, "oh well". WTF.

Anyway to cut a long story short, we get to the 7 days & she wants more time as she's been on holidays & her team leader is on holidays so her case cannot be signed off. Not my concern. During this time, no doctor reports have been requested. Drug tests were done and came back negative.

DOCS lady was adamant we were on drugs even when we said we weren't. We also found out the report never came from the police. It came from three of my horrible lady neighbours. The police also informed us they should never have came out to our home for such false allegations.

I guess I'm wondering what I could do about how the lady from DOCS handled our case. Can I get the person who made the allegation charged?

Sorry for the long story, but it as been the worst 2 weeks of my life. No negative comments please

 

[Rod]

You can't force police to lay charges of any kind.

I'd be sending the neighbours a cease and desist letter, requesting an apology, and reserving all your rights. I'd be telling DOCS people they may be personally taken to court for misfeasance if they continue their harassment.

If you are really really motivated, get proof and take your neighbours to court. You may have 2 causes of action, defamation and nuisance. See a lawyer if you want to go down this path.

 

[Rob Legat - SBPL]

This is based off my experiences with other government departments, not DOCS - so take it with a grain of salt.

As much as it may annoy you, the best thing for you to do is to get out of this situation as quickly and quietly as possible. It's not the right thing to do, but it is the correct thing to do in that our situation.

From what you've said, you've struck someone who has predetermined that they don't like you. The chance of changing her mind is almost usually nil. If you go on the attack with her, two things will possibly happen (and in my experience, probably): you'll have earned yourself an enemy who will make it their mission to cause you grief, and nothing will come of the allegations you make. Lose, lose, in other words.

I realise this is a cynical view, but it's an informed one.

Public servants who over-zealously do their jobs are rarely punished; especially in an area like DOCS. You'd have to get past the standard reaction that you're lying, because most people who have had their kids taken away are going to blame the DOCS investigator. Then you're up against the public service's innate reluctance to punish one of their own. And then you've also got the situation that the department does not want to create a situation where their staff are reluctant to 'do their best' to fear of getting in trouble. Add to that the issue of the public service using promotion as one way to deal with staff who 'aren't suited' to a particular area. Seems far fetched, but I've seen it happen.

Then, despite all this, I'd say you've struck the type of public servant who I call a 'crusader'. They got into their job because they have a passion for making a difference. It's their mission to help. Not a bad thing, we need more of it. However, in some people it gets twisted. When you see as much horror as DOCS workers must, you tend to start seeing it everywhere, real or imagined. I'd say you won't convince her that there's nothing wrong. It's the lack of evidence that will eventually make her give up (or be forced to).

As I said before, this isn't the right thing to do. The right thing to do is to make the complaint and get it dealt with. However, that's in a perfect world. Doing so in the real world is likely to be long, hard, possibly fruitless, and likely to get you more difficulty. You've got to be of a particular mindset to attempt it. I would, but that's me. If you are and want to try it, you need to know what you're potentially up against.

 

[Rod]

I also agree with Rob's good advice. Suspect we're similar in nature because I'd also fight against it on principle.

It is possible to take a middle ground, which is to co-operate while standing firm on your rights. Hard to pull-off though and requires a very good understanding of what your rights actually are in these situations. Most people don't know and this is when overzealous officials take advantage of their power. To make this work you need to do a lot of fast learning on your rights. I'd still send a letter to neighbours, possibly drafted by a lawyer to head off future false reports.

For the reasons mentioned by Rob I don't believe a complaint to DOCS is of value and if you want to pursue the worker then take the complaint outside of DOCS control ie court. Likely to be time consuming and expensive if you choose this option.

 

[AllForHer]

I am inclined to agree with the above - the best possible outcome for you is to simply let DOCS do whatever they need to do and give them no reason to continue causing your family trouble.

DOCS is one of those institutions with an enormous responsibility on its hands. When they get it wrong, children end up injured or dead and society comes down on them like a tonne of bricks, so every DOCS worker should be expected to be as stringent in their investigations as they are unscrupulous, even when those investigations are misplaced.

It might help to consider your involvement with DOCS as a necessary evil for the benefit of those children who really are vulnerable, because if DOCS was forced to apologise for every family it inconvenienced, a lot of victimised children could fall into the cracks under their abusive parents while they're kicking and screaming about how unfairly they allege to have been treated in the investigation process. Your family, while unjustly targeted by meddling neighbours, is doing a service for those children who are in danger, because DOCS is simply doing what it must to make sure your daughter is not one of those children who really is a victim.

 

[Rod]

I don't disagree with AllForHer.

Though I do partly assign blame to inept DOCS management. No doubt it is a tough job, but competency generally has a way of minimising these kinds of cases. A quick review by a 3rd party should quickly ascertain which side is telling the truth and once established DOCS either backs off or is allowed to proceed. A caseworker should not be put in a position where they are effectively judge and jury.

Maybe time has come for frontline DOCS staff to start wearing body cams.

I also think it is unfair to apportion blame on DOCS for failing to take action in many cases. The blame should rest solely with the irresponsible and in many cases the criminal behaviour of parents, not DOCS. Just like we lock people up for doing the wrong thing, maybe it is time to punish parents by removing the ability of some people to procreate once deemed unfit. Chemical castration is used on sex offenders, maybe it is time to consider something similar for severe physical and emotional abusers of children. While it is a basic human right to procreate, just like it is for freedom, rights can and should be taken away when proven to be abused.

Many children need better assistance than they are receiving now. Might be time to better use technology and stop abusers from perpetuating problems. Don't want to lose your rights to procreate, then don't severely abuse children.

Apologies for going off topic.

 

[KEW77]

You can't force police to lay charges of any kind.

I'd be sending the neighbours a cease and desist letter, requesting an apology, and reserving all your rights. I'd be telling DOCS people they may be personally taken to court for misfeasance if they continue their harassment.

If you are really really motivated, get proof and take your neighbours to court. You may have 2 causes of action, defamation and nuisance. See a lawyer if you want to go down this path.

Thank you for your response

 

[KEW77]

I also agree with Rob's good advice. Suspect we're similar in nature because I'd also fight against it on principle.

It is possible to take a middle ground, which is to co-operate while standing firm on your rights. Hard to pull-off though and requires a very good understanding of what your rights actually are in these situations. Most people don't know and this is when overzealous officials take advantage of their power. To make this work you need to do a lot of fast learning on your rights. I'd still send a letter to neighbours, possibly drafted by a lawyer to head off future false reports.

For the reasons mentioned by Rob I don't believe a complaint to DOCS is of value and if you want to pursue the worker then take the complaint outside of DOCS control ie court. Likely to be time consuming and expensive if you choose this option.

Unfortunately I dont have the time to

 

[KEW77]

Unfortunately I dont have the time to

Ok try again. Thank you everyone for your information. I appreciate it.

Im going to be looking into it more now. I was cooperating with them from the moment they walked into my home, ive nothing to hide. I agree with Rob about the third party being involved. From the moment they walked in they could see it was a false allegation. By having a third party involved , this could save alot of time for DOCS staff. They could then spend more time on the cases that are falling through the cracks.
I even asked her why she was being so aggressive to me in my home and she said nothing.
I also asked her do they follow up every allegation & she said yes which i said that was a lie as i personally, with members of my family had been trying for 3 years now to get them involved with my brother who has 2 kids, is a junkie, leaves his kids at home (ages 6 & 8) at night alone locked in the unit, uses way to much force with them & alot more. Weve tried to take the kids but legally cant. They are just cash cards to my brother & its horrible to say & see. We were screaming out for help, yet nothing for 3 years & i have 1 report from our neighbours who are just unhappy with me as i told the child of the mother that made the allegation that her son was a little turd & if he didn't stop bullying my daughter i would hang him from my tree. ( No i wouldnt do this but the bullying has gone on for long enough & my daughter has had enough) This was all explained to the DOCS lady.

Allforher
If ive been doing everything theyve requested, they've got a great report back from my daughters school, they've got no incidences reported from the police & we've passed her testing that she insisted we do, ive been extremely co-operative with her. Yet she wants more investigation done on me & my family because she's been on holidays and then her team leader goes on holidays. Shouldnt there be more than 1 team leader that can sign off a case.How does this give the lady at DOCS the right to cause my family more trouble & Stress.
Im just wondering why i should put my family under an extreme amount of stress so that "It might help to consider your involvementwith DOCS as a necessary evil for thebenefit of those children who really arevulnerable,