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this post was submitted on 19 Nov 2023
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The caseworker is effectively another victim here, for the reasons I set out in my previous comment. There needs to be both an organisational framework and legal framework to support them. You say “t he caseworker should be making their own criminal complaint against the perpetrator”. What existing law is being broken? I don’t know - do you? If the complaints are anonymous how does an individual caseworker bring a complaint? Even if they bring the complaint in the belief that that the report is vexatious- does that mean that they are free to ignore the complaint? Or do they actually still need to che k it out?
You don't have to be the victim to file a criminal complaint. The laws being broken are harassment of the family, filing a false report, and probably a bunch of others.
"Qualified immunity" is the idea that so long as an agent of the state is acting responsibly and in good faith, they are immune from prosecution. Here, upon observing these criminal acts against the family, their responsibility is to make the criminal complaint. Failure to act should cost them their immunity and make them civilly and criminally liable for the harassment.
Edit: there is no such thing as an "anonymous" complaint. The 6th amendment guarantees the right to face one's accuser. By accepting and acting on the accusation, the state violates the victim's constitutional rights of it attempts to maintain the complainant's anonymity.
" there is no such thing as an “anonymous” complaint. The 6th amendment guarantees the right to face one’s accuser. By accepting and acting on the accusation"
... so if someone phones up from an unkown number and says 'Mrs X is abusing her kid", nothing gets investigated?
What I am saying is that the state is not really allowed to say they had an anonymous complaint. The victim can file a criminal complaint of harassment against the caller, and subpoena any identifying information. They can file a lawsuit for defamation and subpoena the information. If they don't cooperate with those subpoenas, they become complicit.