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Please can you tell me if not being allowing a parent a second opinion about their parenting abilities in a child protection case in scotland would be against any human rights laws?
Optional Information: Province/Country relating to question : Scotland Already Tried: I have sent this query on behalf of a friend. This case has gone on for 9 months and her leagal rep has all but given up as the social workers involved seem unable to move forward from the original grounds...all of which seem to have been disproved. Every time she disproves something then they throw a new accusation at her. She is unwell from previous ill treatment by other through the years and has admitted that she sometimes struggles physically.
Thank you for your question.No, I don't think that it would be against human rights automatically.However, what she should do is have her solicitor commission a report from an expert who would prepare a report which could be intimated to the court. The expert would meet with your friend and the children and make observations in the same way that the SW do.The solicitor would have to apply to the legal aid board for sanction to cover the cost of such a report assuming that your friend has legal aid or would qualify.Assuming the report is favourable, it can be used by her lawyer in the proceedings.I hope this helps. Please leave a positive response so that I am credited for my time.
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