A SOCIAL work error mistakenly alleged a father had been convicted of abuse and neglect towards his child, it has been revealed.

The ‘material error’ came to light in an appeal at Alloa Sheriff Court made against a decision by the Children’s Hearing last year.

It found that a social work report regarding the child stated that the father had committed offences listed in Schedule 1 of the Criminal Procedure (Scotland) Act 1995.

Among the offences listed under the Act against a child under 17 years include violence, sexual abuse and risk of harm.

The report was the main source of information for panel members and Sheriff David Mackie, who presided over the appeal, wrote in his findings published in May that the error was “inexcusable, unjustifiable and material”.

The appeal heard that the report was composed by a social worker and two team managers and the error was missed in subsequent reports to the point that it became “embedded” in the system.

The error was related to the grounds in which the child’s case was referred to the children’s hearing.

The social work report stated that the referral was under Section 52(2)(e) of the Children (Scotland) Act 1995 and gave a full explanation of the legislation – when the actual grounds of referral were in terms of Section 52(2)(c), that the child’s health or development was likely to be impaired due to a lack of parental care.

In his findings, Sheriff Mackie wrote, “It could not be explained as a mere typographical error since the reference to section 52(2)(e) was followed by a narrative.” He concluded that while the error may not have had an adverse effect on the decision of the children’s hearing there is a “perception” that it might have and upheld this part of the appeal.

A spokesperson for Clackmannanshire Council said, “While the council acknowledged in a private session of court that previously a material error had been made, the sheriff stated in his confidential note that there was no evidence that the error had influenced the issue which was under appeal and that he considered the error an isolated occurrence.

“In the same note the sheriff also complimented social work staff, noted significant improvements in practice and confirmed there were no clear failings in service by the council or other agencies.

“This is in accordance with the council’s commitment to making real and sustainable change within the child care service, with significant additional resources including investment in additional staff.”