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A person has made an email allegation to my daughters school that I have been emotionally abusing my daughter. The school have decided not to take this any further due to the fact they believe its hearsay and they have seen no evidence to support the claims. I requested a SAR but was denied as it held the names of a third party (presumably the persons daughter who was playing with my daughter at the time) and the school have stated they will delete the email. The person has also sent abusive messages to both myself and my wife and contacted the police who have stated they will not take it further as its a civil issue. However this person has been subtly intimidating my wife when they pick up the children from school and I wish to find exactly what allegations was said to go to my solicitor to take this person to court. I have since requested the school to issue a statement to say what the allegations were without naming the third party but have been ignored. Is there any way I can gain access to this information to use as evidence for a court claim. This is under UK law.

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    Have you asked your solicitor? And you should challenge the police's decision as sending abusive messages is a criminal offence.
    – user35069
    Sep 23, 2022 at 18:06
  • I find this general situation interesting and certainly sympathize but I will say that I find the particulars of the scenario difficult to follow in this question. Sep 23, 2022 at 19:47
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    Voting to close as specific legal advice . The text of this question feels highly personal/emotional.
    – Brian
    Sep 23, 2022 at 20:18
  • @Rick the police are not obliged to investigate every (or any) complaint
    – Dale M
    Sep 23, 2022 at 23:17
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    @DaleM but police decisions not to investigate can be challenged / appealed / reviewed
    – user35069
    Sep 23, 2022 at 23:30

1 Answer 1

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Issue a witness summons

This will require you to initiate your case, presumably for defamation, first. Once you have done that, you can issue a witness summons to the school for them to produce the email (and their responses and records of the actions they took).

In the meantime, since they have indicated their intention to destroy it, you may want to seek an injunction preventing that.

You may find that there is insufficient evidence to maintain your case and have to pay everyone’s costs but that’s the risk you take.

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