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.

Does she have an epilepsy nurse? I'd try giving them a ring and seeing if they have any ideas or if you know them well enough whether any of the nurses or HCAs with relevant training would be up for helping out?

@Nameynameynameynamechange

I'm so sorry you have so much to cope with already & this on top.

i wonder why they're refusing a video link?

I guess all you can do is further explain the issue is not paying, it's finding someone who would be able to look after her! Maybe you will have to be blunt & say finding someone who can keep her alive!

they need to take their heads out of their arses & accept you can't be there in person.

I cannot imagine the pressure you're under 24/7/365 with DD 🤗

I'm in a similar situation. Also Scotland. The case has been adjourned 5 times. I've told them 5 times I can't appear in person. I have no childcare. I can't get from where I live to where court is (different town) within 40 mins of taking my 2 older children to school. I have no one for my 2 year old. I have repeatedly asked to give evidence via video link. I didn't mind helping to start, but beginning to wish I'd denied all knowledge. The stress is incredible. No childminders in this area, can't put my child to nursery just for the time the case is on. It's a farce.

This is awful to read I'm so so so sorry

All I can suggest is calling your social services duty line and asking what to do as you should get some respite care

Then the duty social worker would have to put her into emergency foster care w

I honestly don't know what would happen if I dropped down dead. The thought scares me every day.

Her dad has absolutely nothing to do with her at all, he find it embarrassing to have a daughter with her needs so hasn't seen her for the best part of a decade. Other family members are abusers and drug users so we have zero to do with them. It's just me and dd. It's so hard to make friends because I can't go out. My world is so tiny.

Her medical team are all 4 hours away, that's how far we travel for anything to do with her health, which is a mission and a half. They have looked into respite care for dd, but the respite they could secure is beside them, dd would need to go for short periods of time over the course of months probably before managing to stay overnight, so it's just not feasible.

I'm honestly not sure when she transitions over to adult services as we have no help from SS, I think they just see me coping and figure they will help the people who aren't. I have no choice though, so I have no idea about what help she will get and when. My days and nights are spent dealing with her immediate needs.

I'm making it sound awful, but dd and I are in our routine, she's such a funny and interesting kid, and a joy to be around, so I don't really notice how much my life has adapted around her until now when I need to be away for a day and have absolutely no way of doing it.

It's actually being tied to the house so much that got me in the position of being a witness, ironic really because if I was in the position of leaving the house I wouldn't have witnessed anything.

Have they told you that you can't give evidence via video link as well?

I wonder why they are doing that?

Such a stress, especially with the technology they have now as well, it should be easier.

Hope you manage to get it sorted out.

I don’t have any advice .. i just wanted to add my support . You must be exhausted doing all this on your own .

I hope you find some answers . Maybe use this to push Ss?

I feel for you. I had a guy drive into me then his insurance tried to take me to Court. All of this happened about 6 years ago and every year it was cancelled but only on the day, so huge stress trying to sort childcare etc. Finally came around this year and was on the first day of DD's school which had gridlocked traffic in both directions because of a suicide 😰So I completely missed it. I hadn't had the usual call from my lawyer to "go over" the paperwork so I was convinced it was going to be cancelled yet again too. I won but the solicitor said my no show would mean something...he was talking as I was driving. I worried about it for ages but not had any follow up paperwork but the whole no show thing is very upsetting, especially when you've waited years to defend something clearly not your fault.

I would say when my ex took me to Court to ask not to pay maintenance they did offer me compensation for train travel and childminding fees. I know she has complex needs but if one of the usual minders could have her and you offer to pay directly they might agree to a price?

I don’t have any experience but it seems like court are not taking your DD’s condition as seriously as they probably should, to be fair they probably get loads of people staying childcare as a reason not to attend court. Obviously your case is different so I would speak to her medical team, consultant’s secretary etc and ask them to provide a letter detailing how serious your dd’s needs are. Perhaps then the court will take on board how difficult it will be for you to attend.

@Nameynameynameynamechange phone in sick on the day

@Nameynameynameynamechange it may help if you were to supply the court with a medical letter/evidence regarding your daughters disability. If you are her sole carer they may rethink you giving video evidence.
I hope you find someone useful to speak to on Monday 🤞🤞🌻

Thanks for the support. It's tiring, but so rewarding as well. The small victories are just so amazing, like the start of the year, with a lot of preparation I took dd to an event for 3 whole hours, where she was just a teen, having fun. My heart was absolutely full to bursting with pride for her. If I could bottle that feeling I would be a billionaire.

I hate just talking about the negative side of what our life is, when there is so much joy as well. Her current obsession is women in history and I have learned so much from her, even though I'm supposed to be home educating her, we've had phases with animal facts, the human body, there was a cool phase where she traced back where conspiracy theories started... she is so clever.

I could talk about her amazing traits all day long, honestly. But back to the point...

I have taken photos of all her letters and prescriptions anyway and have emailed her consultant so hopefully she can provide me with some back up.

Then I'll call on Monday and see about emailing all my evidence over to them, but hopefully I get someone understanding on the phone.

Maybe they didn't even look at what I sent back properly and just read the childcare issue bit.

Maybe it is time to get back onto SS again. I do know there are only 2 up this neck of the woods and one is long term sick, just like everything else in this country, underfunding and its those with disabilities that suffer the most.

Thanks for all the advice, I feel a little calmer now I have a plan.

It’s not the court that cites you as a witness, it’s the Procurator Fiscal (COPFS) if you can go down to your nearest office or email them quoting the PF reference number with all your supporting documents, phoning them is no use, it’s just a standard admin assistant that answers the phones. Don’t just not turn up, they will request a witness warrant and you’ll be arrested.

That's where I sent all the citation documents to. I thought it was all the same place tbh, I'm really not aware of how it all works.

They have written back stating I have to attend and reissued the expense forms.

There's a phone number on the letter, there isn't an email address for them, so I'll have to either write it all again and post it or call them, I'll need an email address to send the documents to anyway so I'll have to call for that at least, although I'm hoping to speak to someone who can actually help.

If they don't accept that I physically can't be there then I have no choice but to not show up. I can't leave dd.

The only other thing I can do is withdraw my statement, but I'm not keen on doing that, the victim needs back up and I know a lot of it rides on my statement. However I'm going to have to if I can't get this resolved.

My gosh !!! What :(

Awful.
I’m going to bet this is the other side playing silly games re not allowing video link etc , and without your evidence the case will collapse.

No the court and the COPFS are completely different, they may be next to each building wise all depending where in Scotland you are but it’s the crown you need to speak to regarding witness citations, they are the ones citing you.
Withdrawing your statement isn’t something your able to do I’m afraid, Scots law is completely different. I have seen many domestic victims that have reconciled with their partner and try to withdraw their complaint, it’s not their decision once a statement is taken. In regards to video links they only facilitate that if there is a court closer to you, they would never link in at your home address, anyone could be present in the room. Sorry I can’t be more help, keep at PF however it would seem with their persistent that you are an essential witness for corroboration.

Courts dont like remote hearings or attendance and certainly not evidence given remotely, its nothing to do with 'games'. There are occasions when they will allow it but it will be the judges decision

OP, on a random possibility this could be an option, could you take your daughter with you, could she wait somewhere, your evidence could be as short as an hour or so. Or they may see that you cant leave her and allow your evidence to be remote

If someone is a witness and lives on one of the tiny islands with 2 houses and a dozen sheep, a hearing is in the depths of winter and the only way to the mainland is by boat, the storms have whipped up the north sea to dangerous levels and you can't access the mainland what do they do then?

You can't withdraw your statement in Scotland so that isn't an option I'm afraid.

Contact COPFS by phone on Monday and obtain the email address for the office dealing with the case. Send in an email explaining in as much detail as you can and include any information you have regarding your daughter's difficulties and why you cannot get anyone to look after her to enable you to attend. I have to say that given the nature of the case you've described it's unlikely you'll be excused, so I would continue making every effort to source some sort of provision for your daughter.

If you fail to attend, the police won't attend on the day but a witness warrant could be taken for you and you could be arrested and kept in custody overnight to appear before a sheriff the following day. Or you could be told to attend on a specific day and time and released with bail conditions and given another citation to appear on another day for the trial.

The reason you can't just provide a written statement is that evidence has to be given orally in Scotland except in specific circumstances which you don't meet. This is because your evidence requires to be tested by cross examination.

You are also unable to attend by video link as the video links are usually from within the court or other witness centres so it wouldn't help you given the reason why you can't attend. You can't just Teams into the court from your house, it's a controlled environment and needs to remain that way.

If you just dont turn up you risk being arrested and charged and convicted with contempt of court... this is a serious charge .. and then your daughter will be taken into care.
Contact everyone involved in her care/treatment, contact the police, fiscal, lawyer.. everyone you can think of... but please do not fail to turn up.

Of course she can't say that. A guilty person might get off and re-offend or an innocent person could be imprisoned. Of course OP needs to attend. There should be support available, She can't be the first person ever to be in this position.

Adjourn the hearing that day until the witness can arrive. Thats why court hearings can drag on sometimes.

As a fellow parent to children with complex needs, you have to sort something out even if it’s a local TA, babysitter or nursery worker who are looking for occasional extra money whilst not at their normal jobs. You don’t want to be in a situation where you end up denying yourself some medical (or legal) need and your daughter ends up without you altogether because you’re long term in hospital, dead or in prison.

Given your daughter’s age, I would see if they can provide a small private room where she can stay with a tablet and food whilst you give your evidence.