Caithness Map :: Links to Site Map Paying too much for broadband? Move to PlusNet broadband and save£££s. Free setup now available - terms apply. PlusNet broadband.  
Page 2 of 4 FirstFirst 1234 LastLast
Results 21 to 40 of 61

Thread: no thank you

  1. #21
    Join Date
    Jun 2009
    Location
    Thurso
    Posts
    1,259

    Default

    I am not sure what you what you are trying to achieve here. If, and it is a big (mainly because of the cost of representation) if the ruling goes your way, what can Edinburgh Council do for you now you live in Gills Bay ? If you are not spending £25,000 on an apology, then why are you pursuing this? Because you have moved completely out the area, I don't know what else can the Council can do for you. You have not said why they refused to educate your daughter. Personally speaking, I would have checked there were schools that were abe to educate your child before moving here, because you seem to have found yourself in the same boat, having to employ tutors.

  2. #22
    Join Date
    Apr 2006
    Posts
    1,068

    Default

    Forgive me for being thick between the ears, but I fail to understand why your daughter has not received any education in Caithness, as there are many handicapped children in the county and I have never heard of any of them not being educated, some even in mainstreams schools. Just as a matter of interest, have you got a barrister willing to represent you?

  3. #23

    Default

    cptdodger - what am I trying to achieve? A court has already ruled that Edinburgh Council discriminated against my daughter because of her disability. I want to achieve that ruling being upheld. Why? To give my girl validation. So she no longer thinks that it is all her fault that she couldn't just jog along to school with her peers. She feels she doesn't deserve to live. She feels she has no worth. She hates her brain. She hates her disability. She thinks she doesn't deserve to live. After all, she isn't even worth an apology, is she? That is the way she feels.
    What can the council do for me? They can admit that they failed my daughter, instead of appealing. They can put in place all the other things ordered by the court on 7/4/17 so that maybe this doesn't happen to another family.
    As for schools, I am only aware of 1 school in Scotland that might be suitable. It is in Perthshire and I investigated moving there but I couldn't afford it. Perthshire is pretty pricey. There is another highly recommended school in Rotherham, but I just don't want to move down there.
    Pathological Demand Avoidance Syndrome is a very complex form of autism. If you want to know more about it, here is a good website www.pdasociety.org.uk

  4. #24

    Default

    Scunner - I have not yet approached the education authority in Caithness. I am not aware of any special school in Caithness that has knowledge and experience with children with PDA. Meltem has a very complex disability and needs a great deal of support. So, whilst I am finding out what support is available locally I am happy to home educate.

    And thanks to everyone that's commented. It is very helpful to me reading all your thoughts. Cheers!

  5. #25
    Join Date
    Jul 2008
    Location
    Thurso, Caithness
    Posts
    4,201

    Default

    Personally I think that £25,000 to hire a Barrister, for perhaps 4 or 5 Hours at at hearing, is rather on the High side.

    City barristers rates, (This is for London Rates and Edinburgh is less), run as high as £1,000 per hour. Rates for barristers who operate from regional chambers will normally cost a lot less. Additionally, most good barristers offer fixed fees for every specific task or will discuss with you the issues if this is not possible.

    I have just checked up on the "Court of Sessions" web page :-

    https://www.scotcourts.gov.uk/the-co...urt-of-session

    There it advises who can present a case.

    Cases can be presented by

    • An advocate - a member of the Faculty of Advocates whose status and function correspond to that of a barrister in England
    • A solicitor-advocate - a. member of the Law Society of Scotland. Experienced solicitors who obtain an extension of their rights of audience by undergoing additional training in evidence and in the procedure of the Court of Session.
    • A practitioner from another member state of the European Union where the circumstances are prescribed by the European Communities (Services of Lawyers) Order 1978.
    • An individual who is a party to a case , but a firm or a company must always be represented by counsel or by a solicitor-advocate.


    So it seems that a Barrister or Advocate is not required as an Individual who is party to the case can present it. This means you will not require to hire an Advocate for £25,000.
    Last edited by Kodiak; 11-Jun-17 at 19:16.

    Deep into that darkness peering, long I stood there, wondering, fearing, doubting, dreaming dreams no mortal ever dared to dream before.

    Edgar Allen Poe

  6. #26

    Default

    Hi,
    So there was not a suitable school in Edinburgh but only in Perthshire?
    Could some other kind of professional help (such as counselling) help your daughter to come to terms with things? It is sad that she feels so badly about it all.

  7. #27
    Join Date
    Jun 2009
    Location
    Thurso
    Posts
    1,259

    Default

    How old is your daughter ?

  8. #28

    Default

    On the money request she is described at 14 year.
    What I am confused with, if this Appeal is against Edinburgh Council, will it hold up with Caithness Council?
    Or is that another Jurisdiction?

  9. #29

    Default

    ruth I hope everything goes well for you and your daughter

  10. #30

    Default

    Quote Originally Posted by dc1 View Post
    ruth I hope everything goes well for you and your daughter
    I think that anyone who has children feel they need to do their best for their child........I am unable to find this case in Edinburgh Court, but looking at the decisions made in that area, it would only apply to that child in that specific venue, so it would be of no benefit to the girl in question to win the Appeal because she is in Caithness.
    And to spend that type of Money on an Appeal with no benefits is money wasted......my opinion!
    Last edited by The Horseman; 12-Jun-17 at 01:01.

  11. #31

    Default

    Kodiak - thank you for looking up that information for me. It is Meltem's solicitor at Govan Law (http://www.edlaw.org.uk/) that told me the cost of the case would be around £25 000 because a barrister is required. She also told me that she has contacted the ECHR (European commission on human rights) as this case is 'legally significant' and hopes that they take on the case, in which case I won't need to pay for it (there is a facility for returning any donations received).

    Horseman - this has nothing to do with Highland Council. This is all about Edinburgh Council breaking the law, namely disability discrimination, and trying to get away with it. The benefits of the original judgement being upheld are that my girl will feel validated and all the other things I said above. The case has no bearing on any support she may receive in the future from Highland Council.

  12. #32
    Join Date
    Jun 2009
    Location
    Thurso
    Posts
    1,259

    Default

    This will sound harsh and for that I will apologise. Your daughter should already feel validated by the judgement of the court. they ruled she had been discriminated against, whatever Edinburgh Council did or did not do after that ruling should have no bearing on your childs self worth. If you raise the money or the ECHR actually take your case on, you may win your appeal, but all your daughter will get is a letter of apology from a Council that was forced to write it. How will it affect your daughter if you lose your appeal ?

    You said yourself there is only one school in Scotland that is equipped to educate your daughter, and that school presumably has teachers that have had years of training in order to educate children with your daughters condition, I don't understand what Edinburgh Council was supposed to do if they did not have qualified teachers to actually provide your child with the special needs education she required.

    I have no idea whether you have bought or rented your house in Gills Bay, if it is rented, then if I was you I would put my name on a Council House waiting list for Perthshire, because if that is the only school in Scotland that can educate your daughter, you should at least try to get there.

    If you moved to Gills Bay for a fresh start, then for your daughter's sake, put this behind you. As I said, the Court of Law that ruled against Edinburgh Council gave your daughter all the validation she needed. Get on with your lives, as for your daughters education, I have no idea what you are going to do unless you relocate to Perthshire, but concentrate on that, not this. The damage caused by you losing this appeal could be monumental for your daughter, really, is it worth it?

  13. #33
    Join Date
    Jul 2006
    Location
    Highlands
    Posts
    3,124

    Default

    If you read the posts, it is the council that are appealing not the OP, if she rolls over then the council win and there is no validation for her daughter.
    i must admit in her shoes I would fight for my daughter also, however Caithness was probably not the best choice in relocation.
    W.A.T.P.

  14. #34

    Default

    Ruth, you are asking 'normal' people to consider helping you financially, as someone has already said, none of us are able to truly appreciate your situation so feel the need to ask questions and even play devils advocate, so please don't be too offended by my post below.

    If we forget the on going case for the moment, will you be expecting Highland Council to now provide an education? If they are unable to accommodate your daughter do you then have to start a whole new case against them?

    You say you are fighting for your daughter, does she want you to, or understand what you are doing? Does she understand the implications of an apology? Will there be cash compensation from Edinburgh council to enable you to fund tutors as I doubt your daughters educational needs can be met this far north if they could not be accommodated in Edinburgh.Reading the information on the link you provided, it seems that most children with this diagnosis do go to school, there is a link for teachers on the site.

    You say there is a specialist school in Rotherham but say " I just don't want to move down there" I would have thought that with the effort you are putting in to this fight, your daughters needs would come first, not yours. There are also plenty of two bedroom properties in Perth for £60-70k which I imagine was less then Gills Bay.

    I understand living up here is most peoples dream. couldn't that dream have waited a couple of more years until your daughter had finished schooling? Employment is very limited in Caithness even for youngsters who have no disability, what do you envisage life for your daughter will be like as an adult up here? I assume you are fighting for her education to serve a purpose, i.e. being able to get a decent job and live as normal a life as possible.

    Good luck with your cause, from experience I can tell you that fighting for principles is a luxury usually reserved for the rich, sometimes it's better for your own health to put things behind you and move on.

  15. #35

    Default

    howdy folks. Thanks for all the comments. They are useful to help sort out my jumbled thoughts.

    Further info re: appeal - appeal will be heard in the inner house of the court of session and only solicitor advocates or advocates have the 'right of audience'.

    If Edinburgh Council lose the appeal it does not result in any financial gain for my daughter.

    Meltem found this place for us to live. We looked at some places in Perthshire but this place is much better and has scope for us to become as self-sustaining as possible so that none of my children will need support from the state.

    It is unlikely, but possible, that Meltem will be able to live independently.

    The children and families department of Edinburgh Council have failed many families. Here is a link to a case that has been ongoing since 2010 http://www.edinburghnews.scotsman.co...cher-1-4071804. The boy in question is now doing well, but the parents are still continuing the fight as what happened to them was fundamentally wrong and such things continue to happen on a daily basis to autistic children.

    I have no intention of asking Highland Council for support for any of my children. I think we will do just fine, in time, in this beautiful place.

  16. #36
    Join Date
    Jun 2009
    Location
    Thurso
    Posts
    1,259

    Default

    I apologise, I read it the wrong way round, I think it was the amount of money that was throwing me mi16. I still stand by what I said though, her daughter received validation from the Court, had she not, nobody would be appealing the judgement. As I said at the end of the day, the lady has moved her family out of Edinburgh, the only outcome of her fighting Edinburgh Council's appeal would be a letter of apology, which would further validate her daughter, and that's great but at a cost of £25,000 + ? It is not going to provide her daughter with an education in Caithness, because as she pointed out herself, there is only one school in Perthshire and one school in Rotherham.

    Goodfellers put it better than I could.

  17. #37
    Join Date
    Jun 2009
    Location
    Thurso
    Posts
    1,259

    Default

    Quote Originally Posted by ruth View Post
    I have no intention of asking Highland Council for support for any of my children. I think we will do just fine, in time, in this beautiful place.
    I don't think any of us were talking about financial support for your children from the Highland Council, we were questioning whether the Highland Council would be able to provide an education for your daughter.

  18. #38

    Default

    Quote Originally Posted by ruth View Post
    Kodiak - thank you for looking up that information for me. It is Meltem's solicitor at Govan Law (http://www.edlaw.org.uk/) that told me the cost of the case would be around £25 000 because a barrister is required. She also told me that she has contacted the ECHR (European commission on human rights) as this case is 'legally significant' and hopes that they take on the case, in which case I won't need to pay for it (there is a facility for returning any donations received).

    Horseman - this has nothing to do with Highland Council. This is all about Edinburgh Council breaking the law, namely disability discrimination, and trying to get away with it. The benefits of the original judgement being upheld are that my girl will feel validated and all the other things I said above. The case has no bearing on any support she may receive in the future from Highland Council.
    ....I do not see where Edinburgh Council broke the Law. They have every right to launch an Appeal as you do! This seems to be an expensive 'validation'. I have nothing personal in this, but it does not make sense to move away from the very area, that if you win, would be able to provide the assistance you need. A case some years ago cost Edinburgh Council £153,000......They cannot afford it. Autism and it's treatment is an issue that is talked about and complained about across the Globe. Many families are trying to get assistance for their children. There is a general shortage of money for specialized treatment such as this.

  19. #39

    Default

    Edinburgh Council broke the law by discriminating against my daughter on the grounds of her disability. The Additional Support Needs Tribunal gave that judgement on 7/4/17. Here is a link to The Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/contents?

    Whether Edinburgh Council win or lose the appeal, they have shown over the past 4 years that they have no intention of giving my daughter the support she needs.

  20. #40

    Default

    You have your mind made up about discrimination......

    Let the record show.....In 2010/2011 Edinburgh Council were tasked by the Court to fund an Autistic child in a special school in Aberdeen...cost was close to £150,000 per year, compared with approx £13,000 in Edinburgh. A long story short. The local councils cannot afford this type of care for every Autistic child. Thus they are Appealing....because they cannot afford it. The Court stated that they could deal with only one child at a time, and this would not apply to all 'disabled children'.
    Basically the problem is money.....and the Councils do not have it.
    I take no sides...the truth is the truth........perhaps you as the Mother ascertain the type of treatment these speciality schools use, and adapt to their ways.
    In my area the same things is occurring........one must appreciate reality.

Page 2 of 4 FirstFirst 1234 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •