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PE01835: Criminalise the submission of misleading or false information in child protection cases


Petitioner: James A Mackie


Date Lodged: 09 December 2020

Calling on the Scottish Parliament to urge the Scottish Government to make it a criminal offence for any person to knowingly submit misleading and false information to a sheriff or Children's Hearing in child protection cases.

Petition History:

SPICe Briefing (162KB pdf)

9 December 2020: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that any individual who knowingly provides false or misleading information to a children’s hearing risks potential sanction, and children’s hearings provide appropriate opportunities for participants to challenge information, and the Scottish Government does not consider the creation of a specific offence in relation to children’s hearings proceedings to be necessary or appropriate. The Committee also agreed to write to the Education and Skills Committee. Official Report of Meeting 9 December 2020

Written submissions

PE1835/A Scottish Government submission of 30 November 2020 (64KB pdf)

PE1835/B Petitioner submission of 1 December 2020 (86KB pdf)


Do you believe professionals, working in the field of child protection, should be accountable for their actions?

Do you agree that if someone misrepresents a child protection case deliberately, they should be accountable in the criminal system?

They tried to take our child off us - based on lies.

Andrew Muir

5:18 on 05 Dec 2020

I believe that all evidence in child protection proceedings should be given on oath, so that criminal proceedings can be brought if an offence is detected. PE01786 was a similar petition complaining about lack of prosecutions for the making of false or misleading statements in proceedings under the Mental Health Act. Evidence in those proceedings is also not given on oath. The petition was closed without this issue being acknowledged as a problem which causes disastrous outcomes for some patients. No action was recommended to tackle the issue.

Barry Gale

3:58 on 05 Dec 2020

Fully support this. I am well aware this happens constantly. There needs to be change. It is a criminal act that can have devastating consequences.

Ruth Hughes

15:54 on 11 Nov 2020

As a partner of a father fighting for fair access to his son, I have been on the receiving end of lies told about my character by the mother in court.

Autumn Robinson

9:49 on 09 Nov 2020

The system will change for the good of all.

Jackson Reynolds

9:17 on 09 Nov 2020

Fully support this

David Greenwood

9:04 on 09 Nov 2020

It is essential that professional's working within the field of child protection do not make ill informed arbitrary decision's and when mistakes whether premediated or not accountability is required. Professionals have ethical standards in public life especially when it comes to the paramount wellbeing of Children, and it is routine for many of these professionals to made pre-mediated and prejudged reports and decisions based on false and libellous reports, evidences of deliberate recordings of conversations, statements and reports have been found on their databases and for this they made that choice to act unprofessionally that has serious detriment and harm to innocent individuals and that is wilful criminality.

Samantha Kerr

23:33 on 08 Nov 2020

I think this is very important as being on the receiving end of false allegations that I was able to prove my ex would have been proven to be in contempt.

Lee Fraser

21:32 on 08 Nov 2020

Definitely needed. Professionals need to not think that they can walk around using the legal system as a tool using lies. It peverts real justice. And solicitor's are too scared to go up against them, why?

Zoe Woods

15:05 on 08 Nov 2020

Any professional who mispresents a child should be held accountable.

Mairead Murray

9:49 on 08 Nov 2020

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