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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11739
Experience:  30 years as a practising solicitor.
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My ex wife and I have one daughter together.-A judge

Resolved Question:

- My ex wife and I have one daughter together.
-A judge ruled in a court order that I collect my daughter from school on one particular day in a week and take her to her mothers the same night; apart from that afternoon/evening with her, I do not get to spend any other time with my daughter.
-I noticed bruises on my daughters face, upon asking her how she got the bruises, my daughter stated that her mother hit her. I contacted NSPCC and was advised by them to contact the police. Social services were involved.
-My ex wife admitted to hitting our daughter. Social services are aware of this fact, and my daughter was placed on the child protection register.
-My ex wife and I do not share the same religious beliefs. My daughter is enrolled in a faith-based school which adheres to the religion that my ex wife follows. I have expressed my concerns, but my concerns have been ignored.
-The school have been informed by my ex wife, that I am not happy with my child's attendance at the school.
-The school has a member of staff (staff A) who deals with children that are under the care of social services or placed on a child protection plan by social services.
-My daughter was involved in an after-school activity on the day I was supposed to collect her from school; I was not informed about this. When I got to the school to collect my daughter, I was told by 'staff A' that I could not take her home as she was taking part in an after-school activity. I explained to 'staff A' that I had not been informed about this and it was not possible for me to go back home and return later as I was having issues with transportation. 'Staff A' more forcibly tried to prevent me from taking my daughter home, and became openly irritated with me, raised her voice at me in the presence of my child, and made some personal attacks against me regarding my religious beliefs. She went on to accuse me of intentionally preventing my daughter from getting involved in the activities in an attempt to vent my dislike of the school.
-I made a complaint to the school about 'staff A', the matter was investigated but no action was taken.
-'Staff A' is on the panel of advisors and professionals who will determine whether my daughter should remain on the child protection register or not, and if it is advisable that I be allowed more time with my daughter.
-My ex wife and 'Staff A' are very friendly with one another.
-It is my opinion that 'staff A' holds a personal grudge against me; her relationship with my ex wife, and the confrontation we had (including the fact that she insulted me), lead me to believe she is no longer a neutral member of the panel, and that her involvement in this case would be biassed, and would corrupt the validity of her opinions and/or advice.
-I have made a request to the school to find another suitable member of staff to take the place of 'staff A'. Social services have also stated that, as a solution to diffuse the situation at the school, they are willing to have someone else attend the child protection meetings instead.
I would like to know if I have any legal grounds to request the immediate removal of 'staff A' from the involvement of this particular case, and if the school is legally obliged to do this, especially as another option is being provided by social services.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
You do have legal grounds to challenge this situation. If this person sits on the panel it would be conflict of interests and a breach of natural justice. If they don't do so any decision made could be challenged in the court by way of judicial review I suggest.
I hope this helps. Please leave a positive response so that I am credited for my time.
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