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.

Op I know it must be an exhaustion we can’t comprehend but please keep fighting for extra help and support generally, not just for this one event. You can’t continue like this and it will take a toll on your health. I say this as healthy woman in my 30s who recently, unexpectedly had to go to hospital in an ambulance when my DH was 2 hours away and I had a 3 year old and a baby to look after. I know you’re in your routine now but other things will honestly crop up, not just court. I wish you the best of luck.

Scotland here!

If they won't give you an exemption then you'll have to go.

I had to take DC as it was summer holidays and our childcare person was also required to be at court with us. They gave us a family room just behind the court room with toys and a toilet Could you ask a friend or somebody who knowns your DC to come with you and sit with her while you go in? You might be not be on the stand for long - likely most of the time will be spent waiting so you can be with her with snacks and tablet etc.

I’m saying this as a mam who also has a very complex little girl who has seizures. There will be people out there who could look after your girl but it’s so hard to let go of the reins that it feels impossible. I promise you I know exactly what you are saying - I can see my girls seizures before they start, I can even stop them if I get to her in time. There’s no way anyone could look after her like I do. The thing is - two years ago I collapsed out of absolutely nowhere with a heart condition - I’m 36. You have to think what would happen if the same happened to you. I could look after your child, I’m a dbs checked teacher with an almost identical child - well, obviously I can’t cause in hundreds of miles away but what I’m saying is there will be competent people out there you have to find them. You could put the situation on the parents of children with epilepsy Facebook page and see if there is anyone who could help? You might even be able to forge a support system. Having to live this life is insanely hard - most people will never even begin to understand it. We have to think about what will happen when we are not here though. It seems impossible but if you start looking now I’m sure you will find some answers. If you are happy to tell me your approximate location I could have a google for you too.

I'm not a lawyer but I do spend a lot of time in the Scottish courts because of my work and have seen first hand what happens when witnesses don't turn up.

Unfortunately if you don't go then the Sheriff could potentially issue a warrant for your arrest.
It's deemed contempt of court and the Sheriffs don't like it - I've seen people from the public benches put in the cells over lunchtime because they were repeatedly talking, despite being told to stop by the Sheriff.

So your choices are organise care and go or risk having care put in place for you if you are arrested.

As for video links, I've only ever seen outside links from prisons or other courts, otherwise a witness gives evidence from a room in the same court.

These witnesses are either children or vulnerable in some way (ie the complainer in a DV case) and an application under the Criminal Proceedings Scotland Act 1995. I'm guessing the PF feels you don't meet this definition and even if you did I wonder if you'd even be allowed your daughter in with you because for all intents and purposes that room becomes part of the court room - and you wouldn't be allowed to care for her if you were in the normal witness box.

Sorry I have no suggestions but just wanted to say that you sound like a great mum in really difficult circumstances. Hope you manage to sort something and that the support dog is available asap when Dd is 16

This sounds so very difficult OP, I do hope you manage to get somewhere with getting respite care soon, so you can get a break and you know there's options if you get taken ill.

I think the best option for court though is hiring a nurse to come to court with you and DD. Until you have to give evidence you can be all three together so your DD can get to know the nurse with the security of you being there with her, then hopefully she will feel comfortable with the nurse for the time you have to be in the courtroom. That way the time she has to be cared for by someone else is more limited than if she stays at home and is cared for there, so hopefully less stress for her and less risk of seizures. Probably horribly expensive though.

Can someone from school work for the day at home with her. You are entitled to respite. I would complain about not having a disability SW. not sure about the system in Scotland, but in England you be entitled to short breaks and a carers assessment and I feel there would be something similar in Scotland.

@Lyraloo that's not correct. In England at least courts do set up video links to anywhere with the judge's permission. I've had witnesses in my cases give evidence from home in the U.K. and abroad.

I understand, but if you are the main witness in a criminal court case you have legal responsibilities which supersede your other commitments, whatever they are.
A criminal justice system has to be able to compel witnesses, as most people don't want to appear in court- no one would ever get convicted of anything if they didn't have this power.
Video link is only used in very extreme circumstances, having difficulty finding childcare is not going to qualify I'm afraid.

I would imagine they wouldn’t offer videolink for this scenario as your DD may still have a medical episode requiring attention anyway. So either way i’d imagine childcare is needed.

I can’t speak for Scotland but in England we have a witness support team who will sort childcare, pay for taxis and provide someone to be with you on the day if you need it. Phone the police team and they will guide you but unfortunately you can’t say no to it.

I was watching a TV programme and a single Mum got rushed to hospital and the staff had to organise temporary foster care for the child. Ironically if you got arrested there would probably be more in place than if you tried to organise something. I'm wondering if Social Services would be able to provide some form of respite care for you - it sounds like you might need twenty four hours to be able to focus on the task in hand.

@Lyraloo that is complete and utter 🐮 💩.

You absolutely could set a video link up to a court room from someone's home. Do you think technology suddenly stops working in court? No it doesn't!
The No it can't be done comes from HUMANS putting their own barriers up. Just because it's not routine doesn't mean it isn't possible.

And there are plenty of work arounds including a court clerk going to the OPs home or other authorised person to ensure she isn't being coached.
Or they could accommodate her daughter in a room at the court from which a video link could be set up.

It isn't impossible. Its lack of willingness to accommodate that is the issue.

@Nameynameynameynamechange

Another possibility might be a 1:1 Support Meeting with a Youth Worker from Epilepsy Scotland. I wonder whether they would agree to day-long support on the day when you are due to give evidence. He/she might be able to meet the two of you at a hotel near to the court; the 1:1 element of the support could begin properly once you have gone in to give evidence.

It would also be a gateway for your daughter to other positive things which might be of long-term benefit to both of you.

I would ask them whether your daughter could have a 1:1 on the day when you are in court.

It could be that the Youth Worker might visit you at home in the weeks before that date, allowing your daughter to get to know them.

https://www.epilepsyscotland.org.uk/support-for-you/youth-service/

How anyone can read your posts and call you selfish, is beyond me. Good luck with the 'phone calls on Monday. 🌻

You are deluded and have absolutely no idea🤷‍♀️

Really? In all my years in court I’ve never heard of it, and I’m absolutely certain in these circumstances that a judge would not allow it.

The No it can't be done comes from HUMANS putting their own barriers up. Just because it's not routine doesn't mean it isn't possible.

If the legislation prohibits it then actually, yes it's a case it CAN'T be done.

The rules aren't arbitrary.

What courts do you work in and whereabouts in the country?

I work in the family courts and remote hearings are fairly common, although tailing off as they're not ideal. Judges certainly dont like evidence being given via video link that is true, but it does happen in exceptional circumstances, certainly for non professionals

However it is difficult to monitor, you can never be sure if the person at home is on their own, they need to have a quite secure place, in OPs case she cant just get up now and then to tend to her daughter so child care is still needed even if they agree to a video link

The courts where I am send out a CVP link, its the courts link and you log in with a pin that is provided.

@Lyraloo I'm in no way deluded! What part of what I'm saying is incorrect?

You on the other hand!

Legislation can be changed. They literally are rules that humans have decided upon. Often in circumstances that are totally irrelevant to daily life today.

Op, is there a min age that a person can sit in the public gallery? Ie, can your daughter sit and wait for you? Or wait with you in the waiting area, sit in the public gallery while you give evidence?

I work in the Lincolnshire region, in the criminal courts. As far as I know it’s unheard of for a witness to give evidence from home. I think family court is slightly different as usually there’s no need for cross examination etc.

There are not staff, clerks etc available to do house visits and evidence could not be given by a person at home alone for the simple reason that they could be coerced or coached by a third party. She also wouldn’t be able to attend to her daughter or have her in the room. In my experience, I’ve only ever known remote evidence being given from another court or a prison! Even in those circumstances they are in a room with only a clerk or prison officer and no one else unless they are a child or someone with special needs, even then it would be another court official and not a parent etc.

From what the op says, her daughter is far worse in stressful, unusual situations. A court room would definitely not be a great space for her. Courts cannot and do not run to a time scale for a multitude of reasons and could mean waiting around for hours.

Legislation can be changed.

Not fast enough for the OP. And given that it can be changed but hasn't suggests there's a good reason for it not to be - at least in the criminal courts.