The Serious Crime Act 2015

The Serious Crime Act (2015)

So I thought it was time to write another little piece about Parental Alienation and how the Police do not see it as an issue.

My daughter has now reported this issue on several occasions and has never had any sort of update that has been worth having.

In fact, far from helping her with the issue of ongoing threats of violence should she try to go see her two sons,coupled with the fact that her sons are being used as a means to control her, or the fact that she is being bullied and forced by her ex-husband and his new bidey in to stay away from her two sons, the Police (Police Scotland) in all of their wisdom have suggested that it is all a ‘civil matter’, those two little words immediately take away any help and support that could be offered to any parent in Scotland (or the UK) right now dealing with Parental Alienation, yet like my daughter, I suspect that many of these parents must just hate those two word with a vengeance by now.

In the Serious Crime Act 2015, ‘Controlling or Coercive’ behaviours have been defined under section 76 of the act as causing someone to fear that violence will be used against them on at least two occasions, or the generation of serious alarm or distress that has a substantial effect on their everyday activities.

But, and herein should lie the crux of the matter, the salient points for any future reports by any parent dealing with Parental Abuse to any Scottish or UK Police force should be as follows:

That according to http://www.gov.scot/Publications/2015/03/4845/4

In February of 2015, the UK Parliament passed the Serious Crime Act 2015. Section 76[5] of that Act provides for an offence of ‘controlling or coercive behaviour in an intimate or family relationship’. This makes it an offence for a person to repeatedly or continuously engage in behaviour which is controlling or coercive towards a partner or family member, where that behaviour has a serious effect on the partner or family member and the accused person knew or ought to have known that it would have a serious effect.

1.34 The existing definition of ‘domestic abuse’ used by the Police and COPFS is concerned with people who are or were in a relationship with each other. We are aware, however, that the UK Government’s cross-government definition of domestic abuse extends to cover family members who are not partners:
“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
• psychological
• physical
• sexual
• financial
• emotional”

1.35 We recognise that abuse can be committed by family members. However, we know that such abuse can have a different dynamic to abuse that occurs between partners or ex-partners. With this in mind, we would welcome views on whether any specific offence of domestic abuse should be restricted to abuse committed by a person against their partner or ex-partner, or whether there would be merit in adopting a definition which includes abuse committed by any family member. It is worth noting that the definition used by the UK Government is restricted to those over the age of 16, presumably because it is not considered helpful to conflate domestic abuse and child abuse.

Therefor reporting ‘controlling or coercive behaviour’ is NOT a civil matter it is a criminal offence.

The mere fact that these parents or ex partners continually use such tactics in waging a campaign of;

a) coercive control against the targeted parents

b) the verbal and online threats of physical and emotional violence that get put down to ‘he said, she said’

c) the significant psychological harm caused by these parents and ex partners to the children of these relationships through a course of ‘brainwashing’

d) Using these children as a means to abuse emotionally the targeted parent by proxy

e) Using these children as a means of controlling the targeted parent’s behaviour

These types of behaviour are also clearly defined by the UK Governments own pdf which states:

https://www.gov.uk/…/Fact_sheet_-_Domestic_Abuse_Offence_-_…

6. The new offence in the Serious Crime Act closes the gap in the current legal framework in order to capture repeated or continuous coercive or controlling behaviour, specifically where that behaviour takes place in an ongoing intimate partner or inter-familial relationship.

So why are Police forces up and down this country and particularly in Scotland not taking these types of offences seriously? That I am afraid is a question we all need to ask the next time we visit to report Parental Alienation, which is a ‘controlling and coercive’ type of behaviour.

Next time ask for the Police officer taking the information from you to ask for advice based on the Serious Crime Act 2015. Ask to speak to someone else higher up the food chain, write to your MP, MSP etc. etc., explain that the police are not taking your report seriously, ask the police to compile a case for the Procurator Fiscals office (Scotland) or the CPS (England).

Speak to a solicitor, or legal advisor with knowledge of this Act

And remember, document everything, the police officers name and number, rank if applicable, date and time, which police station you reported it to and get a Crime Report number if possible.