Publication of Lothian and Borders Sheriff Court Practice Note in Children’s referral cases

Monday, Sep 17, 2018

Solicitors in the Sheriffdom of Lothian and Borders may be aware that Sheriff Principal Stephen QC has issued a new Practice Note.

It deals with the efficient determination of such cases in court and can be found at Part 7, Appendix 3 of the Children’s Handbook.

There is already a similar Practice Note in the Sheriffdom of Glasgow and Strathkelvin.

Children’s practitioners in this Sheriffdom should familiarise themselves with its provisions. Children’s Peer Reviewers have also been sent a copy of this Practice Note so will be aware of its provisions when assessing practitioner’s files.

Amendments to the Children’s Handbook have been made to ensure consistency with this Practice Note in this Sheriffdom and these can be accessed at Part 3, Chapter 6, para 6.27.

These amendments explain that:

  • We will not generally grant sanction for expert reports in S154 appeals in this Sheriffdom unless it can be demonstrated that a sheriff has agreed to hear such evidence in that particular appeal. 

It should also be borne in mind that:

  • Unless an ICSO extension hearing is going to be opposed or is sought to be varied by a party in receipt of legal aid, representation at same will generally not be paid for from the Fund where legal aid is in place and any such representation may require additional justification at the accounts stage.

For more information, please contact Elizabeth Cuschieri, Senior Solicitor, Children’s Legal Services Department,

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