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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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My son is prone to self-harming behavior. He is 20 years

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My son is prone to self-harming behavior. He is 20 years old. He is incapacitated. He is "at risk". His guardian will not act on matters. The Local authority will not act on matters under the Adult Support And Protection (Scotland) Act 2007. They insist
on calling it self-injurious behavior. The 2007 Act only talks about “self-harming” behavior. Are they using some kind of legalese to relieve themselves of responsibility to my son?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
If someone is researching this question, then I don’t mind waiting. However, if that is the case can you let me know? I don’t want my question to get lost in the system.
Customer: replied 1 year ago.
That's over 24 Hours and no answer. This is becoming consistent. Is there a reason?
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I would like an answer of possible. Jo, C may be a good person to ask. JGM has been answering my questions so far.Hope that helps
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. I'll move the category to Scots law.
Thank you for your patience,
Nicola
Expert:  JGM replied 1 year ago.
Thank you for your question. I see you have been waiting. If you post your questions to the Scots law section they will come straight to me and will not have to be reallocated by the moderator as she has kindly done on this occasion.
The use of non statutory language I would suggest is simply semantics and that self harming and self injurious are one and the same thing. If the local authority is trying to evade responsibility by using different terminology then it is a poor attempt at doing so. They have a duty to act if your son is out of control and at risk whatever they may term it.
Customer: replied 1 year ago.
Another legalese senarreo (possibly a wives tail) that I would like your thoughts on is that if there is a posability of sexual assault or rape, I have been told by a friend to call it “neglect resulting in sexual assault or rape” and spesificaly not to call it “abuse”. Apparently, if you call it “abuse” they take it that they are looking for an individual perpetrater which is nearly imposable to find. So, they don’t find enything. (if they even look). If you call it “neglect” they must investigate to see if there has been any such sexual assault or rape, and, if so, who is the guilty party. Sure enough, the police only wanted to talk about “Neglect” and the local authority got very uncomfortable in their chairs and insisted very strongly that we refer to it as “abuse”. Do you have any farther thoughts on this? Are they the same as your previous answer?
Expert:  JGM replied 1 year ago.
Neglect is a failure to do something and abuse is the act of abusing. I presume they are uncomfortable because neglect is something that should be monitored whereas specific abuse may not be so detectable.
Daft as it may seem this may be something that you want to exploit if the local authority are uncomfortable with "neglect".
Customer: replied 1 year ago.
Thanks, I'll milk that as far as I can. Is there anywhere you know of that I can look up legalese translations online? E. g. I heard that when you are... say... pulled over for speeding and the police officer explains that he is charging you, he will ask "do you understand?" and what he is actually asking you is if you will stand under the charge and be bound by it. Not if you comprehend what he is telling you. Are there any online legalese dictionaries that would give that kind of clarification?
Expert:  JGM replied 1 year ago.
In the scenario you describe the officer is asking if you understand what you're being charged with.
I'm not aware of any specific dictionary that would help you here although I know there are a number of legal dictionaries that you can google online.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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