Falsely Accused

Divorce and Separation
Centre for Advice




Unfortunately some parents use this method when they decide to separate from their partner. Sadly it is the most traumatic way to start divorce proceedings. It will leave the isolated parent in a particularly vulnerable and emotional state. 

If you are accused of child abuse, whether sexual or violent in nature, whether it is abuse that is supposed to have occurred in front of your children directed at your spouse or specifically against your children themselves, you will probably be investigated by both the Police and Social Services. This is a most unfriendly and unpleasant process. It is quite possible that both of these agencies will also want to interview your children too. It is important to know that all this information us both documented and recorded. It will remain on your children’s file permanently. 

No Further Action Taken

In many cases due to lack of evidence both the Police and Social Services decide not to do anything about it, there will be ‘no action taken’. It is well worth checking what is on the file in these circumstances to make sure that what has been recorded is accurate. You are unlikely to get an apology or thanks for your cooperation. If either Social services or the police refuse to grant you access to this information then you can contact the Information Commissioners Office (ico). It is advisable you keep proof of all correspondence sent and use recorded post.

Whatever information is on file about your child, it can be seen by medical professionals, health visitors, teachers and school staff, housing authorities, police, public and some voluntary workers who have contact with children, and youth workers. That is why it is important to ensure that whatever is recorded is correct.


Action Taken

The problem is, when emotions are running high after a break up or divorce, one call to the police can have far-reaching consequences. If word gets around your local community, you could suffer verbal abuse, harassment or worse for being a ‘monster’.

It is quite likely you will be arrested while at work, in your own home, in front of your partner and children, and in full view of the neighbours. Then you will be taken to the police station, photographed, and your fingerprints taken. In addition a sample of your DNA will be taken and held on the Police National Computer (PNC). You will be interviewed while under caution. You could find yourself in court, charged with an offence for which you have done nothing wrong. Worst of all, you could end up with a criminal conviction and sent to prison. You have the right to a solicitor during this process make sure you use it. The solicitor is provided at no cost to you and is totally free of charge

If either the police or Social Services decide that they need to take further action, they can hold a ‘core assessment’ meeting where they can direct you to do certain things as a parent. This may include your children’s teachers and extended family such as uncles, aunts or even grandparents   your child could be put on the ‘at risk’ register. If this happens, it could be that your authority over your child’s welfare may be shared with Social Services, or your child could be taken into care, or adopted into another family. This is a very unsettling time, both all agencies concerned will be monitoring your behaviour very closely, it is most important to remain calm and in control of your emotions. 


Interview with Social Services

DO NOT underestimate the importance of this meeting, when you are contacted ask if the meeting can be recorded.  Social Services will probably describe this meeting an informal chat, you should NOT treat it as such. It is unlikely they will allow you to bring someone with you unless they are a solicitor, if this is the case ask for this decision to be put to formally in written notification. Ask that they inform you of the content of the meeting and who will be present. Whilst you are legally entitled to have the meeting recorded they can refuse to do so. It is important to remember that without any evidence of what was said at the meeting, it is very unlikely that you will be able to refute, challenge or even dispute this at a later date. If you are allowed to bring someone with you, try to ensure that they are from a professional organisation i.e., teacher, nurse, support worker etc., ensure that they are well presented and have no criminal convictions.

The mere fact that this meeting has been asked for, means that they have some concerns, do not expect to be treated kindly, they are not paid to be friendly. 


What to expect

Social Services and other related organisations rarely receive good press coverage, hence as result they tend to overreact when it comes to children’s matters. Even if there is little or no evidence, Social Services will act on any referral they have made and you will be pretty much treated as someone who is guilty of the allegations that have been made against you.

As shocking as this may seem, a considerable number of referrals to Social Services are not investigated at all because they are deemed to be without merit. Although figures vary between local authorities, those that are not investigated at all amount to around 55% of all referrals. If there is genuinely nothing wrong, and the referral has been made mistakenly, or maliciously, just make sure you take the precautions as above. Act professionally, tell the truth and make sure that you do not say anything even in jest that could be misinterpreted.


False allegations

If you are falsely accused by you partner or ex-partner of domestic violence, as soon as the police are involved that person has already committed a criminal offence. This offence carries a possible sentence prison sentence of up to six months. If they then go on to falsify evidence to the authorities – the police, social services etc. – they are then perverting the course of justice.