Been called to court, I can't go, what can I do?

[Nameynameynameynamechange]

Scotland, if it makes a difference.

I've been called as a witness. Sent back the paperwork saying I'll be unable to attend, they have refused.

I have a daughter with complex medical needs, she attends school very part time (an hour per day) but that's the only time she's ever away from me. The court date is in the summer holidays too so I can't even pop in while dd is at school.

There is absolutely nobody else that can be with her (she has seizures), I can't take her with me because they can be stress induced and I don't know if she would be allowed to anyway.

My understanding is that if I don't attend they will just come on the day and arrest me and make me attend.

I'm so bloody stressed.

If I withdraw my statement would it mean I don't have to go?

I don't know what do do.

I know nothing about Scottish court system but :

https://www.sdafmh.org.uk/en/information-support/your-rights-practical-information/attending-court-as-a-witness/

While this site is quite possibly not being directedly related to your situation does give link to possible sources of help and a bit of information about what non attendance can mean.

VIA (Victim Information and Advice)
https://victimsupport.scot/

It is also important to arrange childcare in advance of attending trial. Children under the age of 14 are not permitted to be in court if they are not giving evidence. You may be able to get limited help with childcare expenses, if you contact the Procurator Fiscal in advance.

https://www.copfs.gov.uk/services/claim-expenses-for-attending-court/

Would this help if you could source appropriate childcare? Can Social services offer respite care for that day or any charities for your child's condition offer help?

I think you need to hire a qualified childcare professional able to meet your child’s needs and claim this back. If you are required in court you are required in court

I think you need to find childcare - not only for now, but for anything else in the future that might come up. Is there a member of support staff from the school who might be interested in some extra money over the summer?
Do you get any money for respite if her needs are so severe there are very few people she can be left with? Because I get this is going to be an expensive trip to give evidence.

Alternatively, could you concentrate on court via web link, if your daughter was in the house, or does she need permanent attention? I'm not even sure if this I'd possible, but might be worth asking for?

I didn't realise you had an obligation to attend court as a witness.
Can't you just say you didn't see anything or can't remember?

Have you asked whether it is possible for you to appear online?

Well if you’re arrested she will have to be looked after by someone else, so let’s see what we can think of.

how far away if the court? If only for a few hours, I would be finding a family member/ early years professional to look after for the time .

you said she goes to school ? The ta that looks after her at school might be interested for some summer spends , and a bonus she will know your daughter and her needs .

if it’s further away, I would be tempted to make it a family day out , plan a few activities ect and when you need to be in court they could be in a local museum/ park ect and you re join after .

now is probably the time to advise for an occasional personal assistant for your child, who can get to know them and their needs even if it’s only for an hour or two a week, you never know when there will be any sort of emergency.

also worth contacting whoever has summoned you- maybe they can make suggestions like video chat or tell you how much you can claim for respite/ childcare

Surely that would be a criminal offence if she did see something and has been called as a witness? Perverting the course of justice.

Op you need to source childcare. Do you have social worker you can ask for support from. Would a TA or even two TAs from school want to be paid for a day of childcare? Pay for a bank nurse for the day? Ask a reputable nanny/babysitting service? Could family members or friends pair up to do it together as two together will be better able to cope with anything medical that crops up?

You would get a more balanced answer if you ask for this to be moved to legal.

Can the solicitor for the side that has called you possibly liaise with the counsel for the other side and get your evidence agreed? That would mean you would not need to be cross examined as both sides would be satisfied with the account given in your statement.

Thank you all.

I asked if I could either give a more comprehensive statement or attend via video link and both have been denied.

There is no help unfortunately.

She gets an hour in school per day, but I basically sit outside while she is in there as the support staff have all been cut, and I'm in a jam because she is home schooled (mainly) as I can't send her in school full time until they have the staff, but they won't get the staff unless she attends full time.

There's no respite, no help, it's me and dd, she struggles with new people, it makes her fit more when she's stressed or unfamiliar, I'm working with the hospital on various medications but its a long process to find the right combination.

The court is 20 minutes from my house so not far, but there's literally nobody, no help, I can get funding for respite, but there's nobody who can actually do it.

She is on a waiting list for a disability social worker, and has been for 3 years, it's so underfunded it's not even funny.

If I had options then I would take them, but there's nothing. I live in the absolute arse end of nowhere, there are no resources here.

I'm a witness in a dv case so its all quite complex. They have denied my request and I have less than a month to try and figure something out.

I'm going to try and call and speak to someone about how dire the situation actually is for me.

You'd still have to go to court & say that so aside from the fact it's an offence, it wouldn't help OP

Have you explained your circumstances to the court the way you've done here and asked what they suggest?

Sorry messages crossed

I can't see any option other than sourcing childcare for the time you are in court.

You say that she struggles with new people, so you may need to introduce her to the childcare provider well before the court case, to let her familiarise herself with the person.

It's a difficult situation but you do have to resolve it.

The likelihood of finding someone who has the necessary medical training to safely manage a child with seizures, give appropriate medication etc is extremely unlikely. A friend was in a similar situation, I have no idea of the legalities, but she booked a holiday so she away when she was due to be a witness. For her nothing ever came of it.

That sounds incredibly difficult & stressful - so sorry OP. I wonder if Citizens Advice could help? Or is there some sort of court helpline? Hope you manage to sort something out

As the first reply suggested, contact Victim Support Scotland and explain what your situation is. They will have a team local to your area who may be able to offer some advice with regards to dealing with the courts. You can call the main helpline or there's a live chat function on their website.

https://victimsupport.scot/

It is absolutely vital that you attend court if you have been cited as a witness - it's a legal obligation so please don't take this lightly or assume they'll just forget about you. Please don't listen to anyone saying you should just say you 'can't remember' anything - that's really unhelpful and regardless if this was true or not, you'd still have to go to court to tell them that! Also it's not just a case of 'popping in' as and when - you'll have to prepare to be waiting about for any length of time on the day and they won't be able to tell you when you'll be called beforehand. Victim Support can arrange court supporters to be there with you on the day, I think this is an avenue you can look into. Please contact them!

I'm so sorry OP. What a shitty situation. Could you take her with you- the court either has the option to accept you or make alternative arrangements. Bastards for refusing a detailed handwritten or remote link statement.

Thst sounds dire i don't know how it works in Scotland as im in England but my sons special school refered us for early help and we got a disability social worker to assess for respite it's neither a quick or simple process, but we finally have a package of respite in place including two overnight ,s a months ,irs taken years though is there anything school can do to speed up the process?

Sounds very difficult however you just can’t not turn up. Why they won’t let you do it via video link I don’t know but you would possibly need someone there to supervise/intervene with your child
good luck .
are you the victim? Or are you a witness?

Have you contacted the Govan Law Centre at all, to see if they can support you over the educational situation - obviously Scottish law is very different to English, but in England an LA doing what yours seems to be around school support would absolutely be liable to Judicial Review. And they may be able to support you with the pressing issue, too?

https://govanlawcentre.org/education-law-unit/

Dd is 14 so coming to the age where she will age out of a disability social worker so I think they are biding their time unfortunately. Same with help at school. If it was just her autism, or just her seizures etc then I could access help much easier, but because she has multiple needs it's just so hard to get anywhere. I've been fighting for years and now she has mental health issues on top of everything else. My heart just breaks for my darling girl.

I haven't actually spoken to a person, I sent back all the paperwork explaining my situation and got a letter back today saying that I have to attend and gave me a form for childcare costs etc.

The money is far less of an issue than actually finding someone, she has multiple issues but the seizures are by far the most dangerous and difficult to find help for. I know when one is coming and can spot it well in advance, and it would take so long for someone else to recognise it in dd like I do.

The court case isn't about me, I'm a witness for someone else experiencing dv, and I know that a lot of the case rests on what I have said, so I'm not keen to back out unless I absolutely have to.

I'll phone on Monday and see what an actual person says. Hopefully they will help me.

Thank you for the link to govan law, I'll take a look, even if dd could go in half a day it would be life changing for us both so I'll contact them.

ask if you can attend by video link from home - I have seen this happen when I have been in court - I don't know what the criteria is

I wrote back saying I can't attend in person but I'm happy to attend by video link, or if the solicitors can come over I will give a fully comprehensive statement and explained my position, and they have stated that I need to attend in person but they will cover my childcare costs.

They seem to think it's about the money, but I have literally nobody for dd, they could give me a grand an hour and I still wouldn't be able to rustle up a person suitable to look after dd in the next few weeks.

Hopefully I get a sympathetic person when I phone.

What would happen if you went into hospital or dropped down dead? Use that route for help. If she has complex physical and learning disabilities would she not just transition into adult services at 23?