Two young Russian girls who are trying to sue Western Isles Council over claims of neglected education were delighted when they got more time to prepare their case.
Sheriff David Sutherland rejected the council’s attempt to push ahead with the case speedily. The council’s opposition would have scuppered the family’s legal bid.
The faces of Adel, 13, and Karina, 9, lit up when their adoptive mother Janet Wilson told them the sheriff had kept their legal chances alive.
Janet and her husband Roger of School Hill, Dyke, Forres, are suing for £6,000 compensation over claims the authority failed to provide supported education for the children, who have learning problems, when they lived on Scalpay, Harris.
Karina was troubled by a traumatic infancy and Adel is deaf.
The Wilsons believed they would not get legal aid and pursued the case through the simple small claims procedures because it is a cheaper route.
But earlier this month Sheriff David Sutherland suggested the issues were too complex and may have to be heard through a higher level civil action.
The despondent family travelled to Stornoway to make a last ditch appeal for more time yesterday.
The council opposed the plea but Sheriff David Sutherland agreed to freeze the case to allow them to seek legal aid.
Mrs Wilson, who represented herself in court, told him: “It is not easy to get legal aid. I didn’t think we were eligible.”
She said she was still seeking paperwork from the council chief executive from 2008. She added the council had no authority to approach the social work department over the dispute.
Council lawyer Gavin Lawson said Mrs Wilson was getting a solicitor who was already familiar with the case.
He added: “Mrs Wilson is making very serious allegations. The council is keen this matter is heard quickly.”
Afterwards Mrs Wilson said: “That’s a relief. We can’t afford to continue unless we get legal assistance.”
She added: “Basically the council would not communicate with us.
“The last letter we had was from the secretary of chief executive Malcolm Burr who said he would reply but have yet to receive it.”
“We want answers why they went to social workers for an internal inquiry to our complaint when there was no welfare issues involved.
“We are also seeking the girls’ updated files.”
A council spokesman said: “We are unaware of any outstanding requests for information. Our records indicate that the Chief Executive did reply to Mrs Wilson's correspondence. If Mrs Wilson clarifies to the Comhairle what she is
seeking we will deal with her requests appropriately.”
Two years ago an independent adjudication found the council had failed to give the girls an individual learning plan and a learning support teacher was not told about Adel’s hearing problems. The council accepted the report’s recommendations but denied claims it had failed the girl’s needs.
Council in “schooling failure” legal action 29/4/10