Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.4(1)(a)

FORM 26 S NOTICE TO CHILD OF APPLICATION FOR A CHILD ASSESSMENT ORDER SECTION 55 OF THE CHILDREN (SCOTLAND) ACT 1995

CASE NUMBER

Dear [insert name by which child is known]

I am writing to tell you that because there are worries about the way you are being treated the sheriff [the person who has to decide is being asked to make a “Child Assessment Order" to make sure that you are being treated properly.

The application to the sheriff has been made by [insert in simple language the person making the application, the reason for making it and the order(s)) sought]. The sheriff would like to hear your views about what you would like to happen before making a decision.

You can tell the sheriff what you think by:

Going to see the Sheriff S

The sheriff will consider what to do next on [insert date, time and place of hearing].

You can take someone like a friend, parent, teacher or a social worker with you to see the sheriff to support you; or

You can ask a lawyer to come with you and tell the sheriff your views.

If you think you would like to go to see the sheriff it is usually best to talk it over with a lawyer.

Not going to see the Sheriff S

You can fill in the attached form or write down your views on a separate sheet of paper and send them back in the enclosed stamped addressed envelopebefore the date on which the sheriff is to hear the application, which is at the end of this letter.

REMEMBER S

That someone like a friend or teacher can help you to fill in the form or write down your views.

•If you return the form it will be given to the sheriff and, if he needs more information, he will ask the Sheriff Clerk who works with him to contact you about this.

IMPORTANT NOTE—You do not have to do any of these things if you would prefer not to; however, it is very important for you to understand that, if you do not do anything, the sheriff might make an order without knowing what your views are.

If you are unsure about what to do you can get free legal advice from a Lawyer or Local Advice Agency or Law Centre about the application and about legal aid. The Scottish Child Law Centre can refer you to specially trained lawyers who can help you. They give advice on their free phone no (0800 317 500) any time between 9.00 am and 5.00 pm on Monday to Friday.

The hearing to consider the application will be held on [insert date] at [insert time], in [insert name of court] SHERIFF COURT, [insert address of court].

You will see that, along with this letter, there is a copy of the application to the sheriff and the sheriff’s order fixing the hearing. If you decide to get advice, or to be represented, make sure that you give your advisor a copy of the application, and the sheriff’s order.

Signed.................... Date....................

To the Sheriff Clerk

I would like the Sheriff to know what I have to say before he or she makes a decision.

Write what you want to say here, or you can use a separate sheet of paper:

Name....................

Address....................

....................

....................

Court Reference Number....................

(if you know it)