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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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My son is 16 yrs old and at sixth year at school.he has full

Resolved Question:

My son is 16 yrs old and at sixth year at school.he has full capacity to make decisions.
The school continually send home "consent forms" for me as parent to sign for all outings eg PE in local leisure centre,any other outings with school.
He took in the completed consent form when he went to local leisure centre,which is 3/4 mile from school yesterday-but because school said they didn't have photocopy of this consent in the school office he was made to sit in cafe for 2 hours instead of swimming.
M son has just done highers and got 6Agrades and is now doing advanced highers.he was the DUX.So he is able to consent for himself in my opinion.
Can you tell me whether these consents signed by me are even legal given his age and capacity.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The age group 16 - 18 is a difficult one under Scots law. A 16 year old can do some things but not others and you are right as regards ***** ***** I also happen to think as a matter of law you are right as regards ***** *****
However, I think the way the school look at it is that a teacher is in a position of trust as regards ***** ***** in its care irrespective of age, and for that reason they insist on a consent as a matter of school rules and policy rather than the strict letter of the law.
However for the consent to be taken to the leisure centre and the school not allowing him to participate because the school office didn't have a copy is just a step too far and perverse to say the least.
I hope this helps. Please leave a positive response so that I am credited for my time.
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