In consultation with the members of the Referral’s Liaison Group, the Practice Note on Children’s Referrals has been revised to assist with the expeditious disposal of referral proceedings. It will come into force on 6 January 2025. A copy is attached and will be made available on the SCTS website.
The principal changes are:
1. Appendix 1 provides guidance for agents on the drafting and use of affidavits and witness statements;
2. Parties are required to attend hearings where proofs may be assigned with a list of unsuitable dates, failing which they will have 7 days to provide dates or the court will simply assign dates (as we do in ordinary actions);
3. If a case is not designated as a complex case, a proof and pre-proof will be assigned at the first procedural hearing (continued procedural hearings are discouraged); if no relevant person has indicated that they wish to participate, early dates will be assigned;
4. Para 3.9 sets out the court’s expectations for a pre-proof hearing; if no relevant person has indicated that they wish to participate the sheriff may grant a motion for the evidence of any witness to be given by affidavit/witness statement;
5. Para 4.8 introduces a case management note (appendix 2) to be completed by a sheriff at a case management hearing in complex cases;
6. Para 4.16 introduces the requirement to lodge a joint minute of agreement in complex cases at a pre-proof hearing.
Summary Sheriff Guy has kindly agreed to provide some training on children’s referrals proceedings for agents in conjunction with the RFPG and GBA. Details of that training will be available from the GBA/RFPG in due course. The Principal Reporter has already shared the training he intends to put in place for his staff to support the new Practice Note which is both encouraging and helpful.
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