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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13958
Experience:  30 years as a practising solicitor.
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My son was prescribed a serious drug at the age of 15

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My son was prescribed a serious drug at the age of 15 without my knowledge or consent. Has anyone broken the law or compromised themselves? This happened in 2010. For various reasons the perpetrators have been successful in preventing me from getting the
matter into court. I was divorced from his mother. I had equal parental rights and responsibilities. I traveled between Canada and Scotland. I spent an equal time in each country. I maintained a close loving relationship with both my children. Their mother
insisted that she care for them without my help. As long as they were well cared for, happy, balanced and content I kept the piece. My son is incapacitated with severe autism and learning difficulties. It is claimed that he presented with challenging and self-harming
behavior. I never saw any such behavior during those years. There was no mention of it from his mother, my mother or his sister. His mother would have given her consent. I was in Canada at that time. However, there were numerous ways that she could have consulted
me. It was kept secret from me for 12 months after he was prescribed the medication. When I found out everyone in my son’s care team avoided any contact with me what so ever. (Particularly the psychiatrist) What legal position does that situation put the psychiatrist,
the social worker and the education department in? Would there be any legal reason why they would be acting so suspiciously?
Customer: replied 3 years ago.
If someone is researching this question I don't mind waiting. However, if this is the case could you please let me know? I don't want to waist time with my question lost in the system.
Customer: replied 3 years ago.
I want to be clear, this question pertains to Scots family law.
Thank you for your question.
As the mother could consent to medical treatment for your son without consulting with you, there is no issue with that. See section 2(2) of the Children (Scotland) Act 1995.
The core issue here may be whether the doctors were negligent in prescribing the drug if it has had an adverse effect. You would have to take expert medical advice on that from an appropriate professional.
Customer: replied 3 years ago.
This is another issue of a case that we have been discussing. The drug has had no effect, positive or negative. I have video footage to show that my son's behaviour has not changed. The psychiatrist has allowed his mother to regulate the dosage of our son's medication on her own authority. The mother has behaved irresponsibly with his medication. She has not followed the psychiatrist's instructions. She has used his medication to vent vendettas against myself. the psychiatrist has supported her at every step. His mother is his sole welfare and financial guardian. My son has been on this drug for 5 years now. Would supporting the mother as guardian to not follow there instructions constitute negligence on the part of the psychiatrist? Would keeping our son on a serious drug for 5 years with no necessity constitute negligence on the part of the psychiatrist? The AWI act 2000 doesn't make any provision for an interested party to get a second oppinion. I am hopping that the sheriff will order a second opinion if he doesn't replace the existing guardian with myself under section 71 of the 2000 act.
If the psychiatrist has issued instructions and the mother hasn't followed them I have difficulty with the statement that the psychiatrist is supporting the mother in not following instructions.
I think your issue here is with the mother as guardian and you may want to have the case and issue of the medication reviewed by another psychiatrist. That may give you the evidence as to the fitness of the mother to be guardian.
Customer: replied 3 years ago.
That is the way that the psychiatrist has behaved. I have evidence. How serious is this?The adult's challenging and self harming behaviour is due to a lack of support to cope with his disability. This was a known issue by the psychiatrist's team. if his level of support was not investigated adequately before prescribing a serious drug would that constitute negligence?Also, If the adult is aloud to self harm by not supporting him to cope with his disability, would that come under the adult support and protection (Scotland) act 2007? (I thought I saw something about provocation by non-action but I can't find that section now)These points with regard to the guardian's suitability have been mentioned in my answers to the sheriff and will be detailed to the safeguarder. I have told the sheriff that I ultimately want him to hear evidence.
Customer: replied 3 years ago.
The details about the guardian's suitability have been detailed to social work and the Mental Welfare Commission. For what ever reason they didn't act on matters.
As regards ***** ***** again the issue of negligence would have to be determined using the legal test laid down in the case of Hunter v Hanley, that no other psychiatrist of ordinary competence would have acted in the way that this one did. That is why you need to get an expert report from another psychiatrist.
However, your proceedings are concerned with the mother's ability to care for your son. The psychiatrist's behaviour is not wholly relevant to that.
Under the 2007 Act the council must investigate where they believe an adult person may be at risk. If the council find that the adult is at risk they can apply to the sheriff for a removal order. So the social work department have a positive duty to make enquiries.
Customer: replied 3 years ago.
Regarding an expert report from another psychiatrist, Is it enough to discuss it with the safeguarder or is there more definite action I should take?Regarding the mother's competence as a carer and guardian, these issues are detailed to the sheriff in my answers and the safegarder will be hearing all about it with evidence provided. However, I may want to run some circumstances past you in order to understand the most relevant issues to target.If the safeguarder decides to access the adult's medical, social work or education files do I have the right to request copies? also, when the safeguarder submits his report to the sheriff am I entitled to a copy?
An expert psychiatrist report would be commissioned by you and wouod not have anything to do with the safeguarder. The safeguarder is independent of the parties and you aren't entitled to copies of anything he has or gets and his report is to the court only.
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