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JGM, Solicitor
Category: Law
Satisfied Customers: 12187
Experience:  30 years as a practising solicitor.
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This question is under Scots Law What procedure do I

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This question is for JGM under Scots Law What procedure do I follow to call witnesses like social workers, teachers, psychiatrists, police officers, staff of the care inspectorate, MPs and MSPs? Also do school reports from 15 years ago need to be verified
by their authors? Can witnesses be called without being identified in the list of witnesses if they become relevant in the course of the proceedings?
Customer: replied 2 years ago.
Who would be the best person to call as an expert witness regarding the standard of my son’s care like personal hygiene, cleanliness and changes of clothes?My son’s old school have told me that I am not the guardian so they will not give me access to my son’s records. How do I get around it when I don’t have the name of a witness who was a support worker with my son. Is it enough to name them as “the support worker between the relevant dates”
You have to issue a formal citation to each witness. As you are not a solicitor, you should ask the sheriff what he wants to do about citations, but you will in all likelihood have to instruct sheriff officers to do the citations. Allow an average of £50 per citation in sheriff officer fees. In addition, as the person citations the witnesses you will be liable for the witness expenses. The court may ask you to consign money in the hands of the clerk of court as security for witness costs.
Any witnesses not on the list of witnesses can only be called with leave of the sheriff. You have to establish whether all the witnesses and documents are actually relevant to the matters in hand. A care expert would be best to speak to personal care. If records are a problem you can apply to the court for an order for recovery. Again you have to consider what is relevant. School reports from 15 years ago are unlikely to be relevant now.
Customer: replied 2 years ago.
What is the best course of action? My son’s communication is interpretive. I believe that he has tried to tell me that he has been homosexually raped. My alerts to this and the question of neglect resulting in sexual assault or rape have been covered up by the guardian (my opponent) the social work department, the mental welfare commission, the care inspectorate, and police Scotland. I have been threatened by the guardian and social work staff in order to silence me.I have repeated this in court. I have been advised by the safeguarder that I should report it to the adult support and protection unit of my local authority. Previous experience tells me that I will simply be funneled back to the social work staff who threatened me and I will only put myself in danger. I have outlined this to the safeguarder. I have not yet received a reply.For the future I feel that the damage is done. I get the impression that my son want’s to leave it in the past and not think about it. All that remains is to get sole guardianship and keep my son safe in the future. And do anything I can to help him deal with that trauma.The relevance to the guardian’s unsuitability to remain as guardian is obvious. There are other side issues to the guardian’s unsuitability. Standard of care, not being on the ball whilst his education was neglected (which may be tied in with neglect resulting in sexual assault or rape), consenting to un necessary medication (which may be tied in with neglect resulting in sexual assault or rape), not following the principles of the act and exploiting his moneyI am reporting it in the sheriff court because all of the authorities that are supposed to act to protect my son have not done so. Also, for reason’s that I don’t understand, all of these authorities appear quite afraid that I get in front of a sheriff to tell him about this. The problem is that it is looking like I am not going to have the money to call the necessary witnesses to support my claims. I am concerned that if I can’t pay for the necessary witnesses the sheriff won’t take the proceedings to proof. I feel that there has got to be a provision somewhere to keep a “vulnerable”, “at risk” adult safe. What is the most competent thing for me to do next?
Customer: replied 2 years ago.
Interpreted communication by what ever miens from the Adult is valid under The Adults With Incapacity (Scotland) Act 2000. Part 1 Principles.
At the stage of proceedings you are at at present and given your comments above, you have no alterative but to try and take this to proof. As you are against the various agencies and allege neglect on the part of all parties bar yourself, I have no suggestion other than you have to get to proof and call such evidence as you are able.
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