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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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Is it against the law (Childrens human rights)for a school

Customer Question

Is it against the law (Children's human rights)for a school authority to force parents to put their children in a hostel against the parent & child's wishes?
I live in the Shetland Islands in the UK.
The ages of these children are 14 & 15.
Is it not a child's basic human right to a family life at these ages.
They would be forced to hostel from Sunday to Friday each week of the school term away from home.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

Hi, we stay on a remote island in Shetland Islands with a perfectly good Secondary 1 to 4 school on it.


This school has been successfully teaching the local children for the last 50 years.


Our Local council has recently voted to force our Secondary 3/4 children to be put in a hostel for 5 days a week against the parent and child's wishes to be taught at the Big school on the mainland.


As a community we think its against the human rights of the child to get a normal family life at 14/15 years old at this vulnerable age.


 


Is there any legal right we can use against the local council to prevent our children to be forcibly taken from us every week for the total duration of the school term?


if you need any more information of any kind I will gladly source it for you.


 


Many thanks,, A desperate parent!


 

Expert:  JGM replied 4 years ago.
Thank you for your reply and he's I think that the decision of the Council is a disgrace and also contrary to human rights law.

I am aware of a number of cases in Scotland, particularly in Argyll and Bute, where similar issues have been raised but the difference in your case is that there are very few alternatives for parents and children. It goes without saying that not all children are able to cope with being educated on what is essentially an enforced boarding regime.

Your remedy is to raise court proceedings in the a Court of Session for Judicial Review of the council's decision. Such proceedings are expensive but if there are a number of parents the cost can be shared.

I am truly sorry to hear of your situation and will be more than happy to help further if I can.
Customer: replied 4 years ago.

This is good to hear as we have 3 islands with nearly 100 children to be faced with this if no legal challenge can be mounted.


Can you be contacted personally on this issue or can you give us a direction / contacts we could work with?

Expert:  JGM replied 4 years ago.
I am not allowed to get involved as I am a Just Answer expert. However you should contact the Law Society of Scotland for a recommendation as to a suitable solicitor. As this a Judicial Review you will also need Counsel, such as a Queens Counsel, to help you.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

Many thanks from a lot of very concerned parents!!


I am only one of them!

Customer: replied 4 years ago.

Silly question but what laws have they broken if we were to go ahead with legal proceedings?

Expert:  JGM replied 4 years ago.
Education (Scotland) Act 1980 and Article 8