Get UK Law Questions Answered by Verified Experts
I'll try to assist if I can.
The previous expert's answer was absolutely correct in relation to retrial and potential prosecution of Social Services witnesses
An individual cannot be retried for an offence of which they have been tried and acquitted unless new evidence comes to light. In order for any further proceedings to be considered by the Crown Prosecution Service, they would need to be convinced that compelling new evidence was available and that that a conviction was possible on the evidence as a whole at that point.
If another witness/victim were to come forward to the police then it is possible the prosecution might consider instigating further proceedings. Equally, they may take the view that it is not in the public interest to pursue further proceedings - i.e. they tried to secure a conviction once with witnesses/victims giving evidence but failed to do so and may consider that a further witness would not add significantly to the strength of the case. It is a matter for a CPS reviewing lawyer alone to decide.
Equally, if it could be proved that Social Services or any representative thereof had perjured themselves during the course of the original trial then it is perfectly possible that the prosecution might consider a) action against them for perverting the course of justice or perjury and b) a retrial of the original defendant.
The issue here is of course proof. Ideally, documentary evidence confirming that the oral evidence given in court was not just incorrect but fundamentally untrue, and given in the knowledge that it was untrue, would be located and forwarded to the CPS for their review. Again, even if evidence can be located, the CPS may not consider it in the public interest to proceed with either course of action, prosecution of Social Services witnesses, or retrial.
You have a right to review your Social Services file on written request - I would suggest you start there and ensure you request a full copy of your file: Social Services are required to record pretty much everything and the contents of the file may go some way to assist you if there are documents in there which indicate that evidence given at trial was inaccurate/flawed/untruthful.
Equally, medical records, if you think they will be relevant, should be disclosed to you on written request to your local healthcare trust. Again, review it carefully for anything that might assist.
Finally, you'd be well served to seek representation as both Social Services and your local healthcare trust will be more likely to respond positively to a solicitor's letter than a personal letter which they might simply ignore. If either organisation refuses to disclose the files/information, you can contact the Information Commissioner's Office www.ico.gov.uk who can assist.
To locate a solicitor who may be able to assist, I'd suggest looking on the Law Society website www.lawsociety.org.uk for a solicitor who deals with civil liberties and human rights. This issue is hard to define category-wise but I think that'll be your best bet.
I hope that assists but please feel free to answer any follow up questions that occur.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).