My Story ~ One Woman's Voice ~ Page 6

It was decided, with a lot of sighing and disapproving glares, that my case would go to proof (bare in mind this is costly for the court, and timely). I was digging deeper and deeper about what procedures/policies and practices were used in the gathering of information in child welfare cases.

I had been in touch with the Child Welfare Commissioner, the Child Law Centre, Women’s Aid, Gingerbread, and my local MSP. Nobody seemed to have any knowledge of these independent non biased reporters. I tragically did. I asked my local MSP to investigate with me:

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I had written into the Scottish Court Services, and was informed that the floating sheriff who had ordered the reporter into my home, had acted perfectly within his legal rights. I was also informed that sheriffs could do what they wanted. (My understanding was they had to adhere to legislation.)

During one telephone conversation with the law reform department of Edinburgh, I had telephoned and spoken to a very helpful man, and asked him if the solicitor that came into my home as an independent non biased reporter, would have carried an enhanced disclosure Scotland (that everyone working or gathering information about children or vulnerable people, should have). The law reform department informed me that there was a consultation going on in parliament and they were trying to introduce this procedure for these reporters. He informed me that I would be best to contact the reporter directly, and ask to see the certificate. When I contacted the solicitor she would not enter into any conversation with me, and directed me to the civil department of the court.

I went in and spoke to the senior sheriff clerk, and asked if Miss X, the reporter, had an enhanced disclosure Scotland, which legislation states she should have had. The clerk informed me she had minimum disclosure. Once again tears welled up in my eyes for not trusting that gut instinct that told me right from the very start, that something was not right with this whole situation. I assumed that because a court had ordered this woman into my home (who I now know entered unlawfully), she would have had the proper checks and procedures in place for this type of work. (95% of the time when these reporters make recommendations to sheriffs about the information they have gathered or exposed people to, the sheriff accepts the recommendation of these reporters who are trained to address points of law.)

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