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Court told second man spent night in cells after Dundee social work blunder

Two men spent a night in the cells after their attendance at the Barrack Street social services offices went unrecorded.
Two men spent a night in the cells after their attendance at the Barrack Street social services offices went unrecorded.

A pair of men were wrongly detained in cells after an apparent social work blunder, Dundee Sheriff Court has heard.

Both were arrested after the same social work staff member put through false reports claiming they had breached court-imposed orders.

In both cases, paperwork showed the men had not been available to begin their orders when, in fact, both had made attempts to do so.

The two cases, which called a week apart at Dundee Sheriff Court, brought apologies from a court social work officer who said the breach reports should not have been made.

Both men are now understood to be initiating claims through their solicitors for compensation for needlessly having spent time behind bars.

Dundee City Council will now write to the court to explain why the pair were wrongly reported as having breached their community orders.

On Monday, serial graffiti offender Alan Joseph Smart had two payback orders revoked and replaced with two identical ones.

His solicitor, Jim Caird, said he had visited the social work offices in Barrack Street straight from a court appearance in relation to the initial orders and left relevant documents.

He said: “He denies the breach. He hasn’t heard anything more about them.”

The court social work officer told Sheriff Davidson: “Last week I had to apologise to the court for a similar case. It’s the same worker, none of this makes any sense.

“Mr Smart has not been contacted between May to October and the breach report is not competent.”

The sheriff ruled that the orders had not started and revoked both, replacing them with one of 100 hours’ unpaid work and a second for 60 hours.

He told Mr Caird: “I will leave you to resolve the position relating to his arrest.”

Smart, 21, of Pentland Crescent, had previously been convicted of more than 40 counts of vandalism to properties across Dundee in 2010 and 2011.

In the other case, which called in court on January 7, Kevin Delaney, 27, had spent two nights in the cells after his supervising officer wrongly initiated breach proceedings despite Mr Delaney having visited the social work offices several times in an attempt to begin his supervised attendance order.

Asked whether Dundee City Council was to hold an inquiry and whether the staff member involved had been disciplined, a council spokesman said: “The social work department will be writing to the court to explain the situation.

“Dundee City Council does not comment on individual personnel issues.”