Probation Service responsibility and code of conduct

By bahh - 18 Nov 14 1:11 PM


Not entirely sure where this item should fit, so apologies if slightly off topic for the threads already existing.

I have a fairly basic question:

Is it possible (and if so, how) to file a criminal case/crime against a probation officer for misconduct in public office?

Some context.

My previous probation officer lied, quite a bit, and made false statements. No, I'm not just bitching because I didn't like various things she wrote. I have evidence of some of the lies (lies which caused significant distress, hardship and anxiety to my family and myself. I did hope to serve my sentence with a dignified silence (for a crime I was guilty of - but certainly not to the extent of my puinishment; another story).

Anyway, to try and keep brief. I wrote to her asking for correction of the information, evidence of her opinions (many not based in fact nor evidence), evidence of some report information and why she had reported things that had just never been said between us. Well, the resultant 'amended' OAsys was even more vicious and littered with further bile, suggesting I was manipulative yada get the picture. She did not correct one single thing. Nor did she action upon the correction of a significant piece of information (my index charge) which was wholly incorrect, confirmed as such by the prison/OMU/OS etc etc. My crime was bad enough...but the listed (incorrectly) index offence on my prison file was seriously worse.....I got sick of certain staff saying I was lying about my offence, which I wasn't. It took almost 12 months to have this confirmed as incorrect (and amended) by the MOJ.

Each subsequent meeting I had with this woman (and my ibecilic, antagonistic Offender Supervisor) I requested an independent witness (to purely observe). Each time was declined (several) even though I hade a couple of prison officers who were happy to sit in, such was their concern.

Upon release, I formally complained to the chief of NOMS (complaint of misconduct in public office by a probation officer). Initially they said because the majority of my allegations were greater than 12 months ago they would not investigate. They said this was the statute limit for NOMS as peoples memories could be shady etc. WHAT? The police have a 6 year limit. People are convicted on hearsay of crimes committed (allegedly) many years ago, all fully supported by the probation service.

Anyway, once they got the gist I was not going away they said they would investigate. A PO came to see me, took note of (and recorded) my allegations.

After a couple of months I received a letter from the area head saying they have concluded their investigation. AND????? I asked what the conclusion was (disciplinary action? Management advice, at least?) The head told me I am not entitled to know as its secure information and would I please not contact him by email again....only by written letter.

RED RAG!!! I supplied all of the information and correspondence to the I had satisfied the laborious and mind numbing, pointless appeal process.

After 3 months they wrote to me. They bulleted each of my allegations and concerns. They then bulleted the NOMS policies......the 12 month statute limit, how NOMS had followed procedure and that, due to sensitivity and privacy they do not have to inform me of the investigation conclusion and the matter is now closed.

Now, generally, I am not an idiot......but is someone yanking my chain here?

There is a senior probation officer working in a certain area who blatantly lies, misleads, inflames and is also guilty of non feasance.......and this is ok, is it? If I had received an apology and a correction of the information, that would have been the end of it. To cover up, stonewall, attempt to silence (oh, yeah....been suggested I could cause problems for myself - still on licence, but only just) and mugged off......just gets me belligerent. So, due to this, my question is:

Can I, and how, file criminal charges upon a probation officer for misconduct in public office? NB, this is a criminal offence punishable by a term of up to life imprisonment.
By Square - 27 May 15 6:16 PM

I would say that you would be entitled to know the outcome of the investigation - ie. whether your complaint was upheld. I would very much doubt you would ever be entitled to know the punishment handed down.

You could always file a private suit (ie. sue for emotional distress etc), whether this would be financially viable or likely to be successful I do not know. I would, however, be very, very careful with doing such a thing as if the press get wind of it (and it is funny how these things do leak out!) the press attention could be substantial.
By bahh - 18 Nov 14 1:11 PM

Square. You are spot on, funny how some things 'get out'. Having enjoyed the integrity of some of our esteemed noms, I feel a very measured and cautious approach is warranted. But they cannot be permitted to sometimes act as they do.