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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 8
Experience:  Qualified Solicitor
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If a child under the age of 5 has been accused of soliciting

Customer Question

If a child under the age of 5 has been accused of soliciting sex for play by the social works department and her nursery school falsely, does the law allow for her name to be disclosed in Scots law?
The children reporter abandoned the case without given a reason and the safe guarder recommendation was not made public, even when it was admitted exists. How would one obtain this information for the court?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

My daughter returned from her nursery and told her mother two boys her age had touched her. The mother reported the matter to the school and subsequently to the swd. The school denied it happened and if it did she was responsible. Her mother gave up and accepted their position. I returned from overseas after 3 years absence and was told what happened and I sort answers from the swd, instead they told me to go away they have dealt with it. I went to court because a member of the social works department and her friend went and sexualized my daughter.

They have now alleged I was responsible for her conduct and she has admitted it. The children reporter abandoned the case without a reason and the sheriff said they were entitled to fo so. Now they claim in a bar report they have no evidence, the swd after initially accusing me of my daughters because of my conduct towards her
in the 3 months I had contact with her. They said my wife said it to them and now the bar reporter said the child said it to her school teach who said it to her.

Expert:  JGM replied 2 years ago.
Thank you, ***** ***** your specific question?
Customer: replied 2 years ago.

Do they have the right to sexualise my daughter, accuse her of using sex in other for boys to play with her and disclose her name.

Expert:  JGM replied 2 years ago.
No, when you put it that way, they don't. I presume there is a lot more to this case? I take it the court case arose from a children's referral as a result of a report by social workers. It is difficult in this sort of case to deal with this over the Internet and I presume you have your own legal adviser. You have to follow that advice.
Customer: replied 2 years ago.

I used to until I ran out of money and had to let go my private advice. I have consulted many others on legal aid and they feel the case is too complex as it has many strands attached such as fgm, and tradition.

Expert:  JGM replied 2 years ago.
That's why I don't think it can be dealt with on this forum, I'm afraid.