Case studies

This page has some examples of cases brought to our Advice and Investigations service have been asked in the past, and what response our office was able to give to them. Each case is accompanied by:

  • a summary of the response our Advice and Investigations service gave, and
  • a detailed version of the response explaining the thinking behind it from a rights perspective.

Contact and court orders

A mother telephoned the office for advice about a contact order.

There is a history of domestic abuse in the family, with a serious incident in August between the father and his new partner.

She said that the children do not wish to see their father— the younger child is particularly distressed and has begun wetting the bed.

The Court Reporter interviewed the older child – who said she does not wish to have contact with her father– but did not seek the views of the five-year-old.

Where do the rights of the child come into the decisions the court makes?

Read our response.

Contact with siblings

A young person who left home aged 14 asked for advice about how to re-establish contact with her brother and sisters who still live at home, as their mother does not want them to have contact with her.

Read our response.

Complaining to an education authority

A parent contacted the Commissioner about the state of her daughter's school's toilets.

She was concerned about lack of light, soap and hand towels. She was also unhappy that access to toilets was being restricted to certain times of day.

Read our response.

Local authority planning

An incinerator was granted planning permission about 5 metres away from the edge of a housing estate. The recommended buffer zone was 250 metres, but this seemed to have been overlooked in the application.

Read our response.

Perceptions of children and young people

A young person asked if supermarket can restrict the entry of pupils from a local high school entering the store at lunchtime.

Read our response.

Child abduction

A parent contacted the office, worried about her ex-partner kidnapping their children and taking them out of the country.

Read our response.

Police restraint

A parent contacted the office about his 9-year-old child being handcuffed by police in his bedroom after secretly leaving voluntary care while on an outing and returning home.

Read our response.

Data protection

A parent whose 10-year-old child was excluded from school because of behaviour management issues several times over the course of an academic year requested the child’s records from the school.

However, the information was incomplete, and the enquirer was unhappy about how information had been recorded and shared.

Read our response.

School uniform

The Commissioner was asked whether there is any legal guidance in Scotland regarding a pupil wearing a ‘Proud to be Gay’ badge in school if the wearing of badges is not addressed in the uniform policy.

Read our response.