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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I live in Scotland and would really appreciate some

Resolved Question:

I live in Scotland and would really appreciate some advice.
The head teacher of my 3 1/2 year old son's nursery called me on a Friday to say my son said daddy pushed him and mummy hit him on the head again and again. Head teacher said this happened 2 weeks prior to her contacting me. I was away at training so could not talk much. On getting back, I spoke with the head of nursery on Monday, asking why it took so long to let me know of the incidence. I also stated that I would like to speak with the staff who was present at the time the incident occurred at nursery. Head teacher gave me a call and said she would find out about sharing of information and possibly get me a sit down chat. A few days after, social services showed up at my home because of concerns raised by the school. They wanted to be sure that my son was safe.
We do not hit our children! When they are not behaving, they sit on the second step for a few minutes and according to their age. Occasionally if they continue not to listen, they get a smack on their bum.
What my son said did not happen. Recently I have been teaching them about telling the truth. he sometimes says things that did not necessarily occur or may have occurred differently.
I would like to see the records of that day's incident at nursery. I would like to understand what exactly led him to say those things. Right now I am in the blind. I have not been advised on the process involving the social services, especially as this whole incident is not based on the truth. My son is just three and a half years old and is still learning that we only say things that are true.
I have not been able to sleep since the start of this problem and my migraines are getting worse. please and very kindly so, help me with advice on how to deal with this. Thank you!!!
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Can you tell me what happened when the social services visited, what they said and how it was left with them?
Do you know that there are records at the nursery? You refer to this as an incident but it was in fact something that was said as opposed to an actual incident?
What was the answer when you questioned why it took a fortnight for the nursery head to get in touch with you?
Customer: replied 1 year ago.
Sorry I have only just seen your response.
Social Services visited my house along with the health visitor who paid us a 'welcome to the community' visit a few days prior to this. At the door, they told me they were visiting due to the concerns raised about my son's comment and I was shocked because I didnt even know what the social services was. I said to them that I wasn't informed that anyone was paying me a visit and the lady said that most times they would carry out an unannounced visit anyway. I ushered them into the house. Social services lady started to narrate what the nursery said my son said and I interjected explaining that I was aware of what the nursery said my son had said. She then said they were visiting to make sure my son was in a safe environment. I asked if I needed to have a lawyer around and she said no. At this point I was shocked, scared and upset. I didn't receive any information of the visitation, what to expect, what the process was or what would happen afterwards. I asked what the law said on disciplining children and was told (from what I vaguely remember), that they dint support chastisement. At this point I couldn't believe that word even came up because what concerned me was that I would never do that to my children. I went and got my husband who expressed to them that he understood that they were visiting as our child's welfare comes first. He explained our method of disciplining our kids and offered them the chance to speak with my son as well as the au pair we have living with us. The au pair explained to them that my son is fine and happy at home and that nothing had changed since she joined us in July 2015. I further asked what would happen after the visit? would they get back to me and how? I asked about my child's records and if it was available to the public. They said they would carry out their investigation and get back to the school and also get back to me with the outcome. They said this would also be in my son's nursery record.When I asked why It took so long for them to get in touch with me, I was told that they contacted the council, who had tried to contact the nursery and couldn't get in touch with them. The council eventually got in touch and that's why it took that long.I have 2 sons in the same nursery and they have personal learning plans (PLP) like other kids. I have had a problem with this my second son's PLP being filled in incorrectly. I first raised this concern in November 2015 and I received an apology, saying it would be corrected. I checked again last week and it was still not corrected not until I highlighted the same significant errors, was it then corrected. His PLP is empty with very little remarks on his development/ learning plan especially when you compare it with my first son's PLP which has a lot to show about his interests, development as well as activities he is involved in. This just shows me that there has been a lot of negligence towards my son.
Expert:  JGM replied 1 year ago.
Given the length of time it has taken for this to be actioned, I think shows how much priority the council has given to it. There is absolutely no credible evidence to back up what your son said and I very much doubt the SW department will be taking this very much further, if at all. They cannot proceed without evidence.
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