Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.4(1)(d)

FORM 29 S NOTICE TO CHILD OF APPLICATION TO VARY AN EXCLUSION ORDER SECTION 79(3) OF THE CHILDREN (SCOTLAND) ACT 1995.

CASE NUMBER

CHANGING THE ARRANGEMENTS FOR KEEPING YOU SAFE

Dear [insert name by which child is known]

I am writing to tell you that the sheriff has been asked to look again at the arrangements that were made to make sure you can be kept safe. The sheriff is being asked to [change or cancel]* the “Exclusion Order" it made on[insert date]. You are to stay [at home/where you are]* at present.

*delete as appropriate

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 in the same way that you did when the original order was made. If you told the sheriff your views last time you might want to do so again using the same method again. You can if you prefer use a different method to tell the sheriff this time.

Even if you did not tell anything to the sheriff last time it would like to hear your views.

You can tell the sheriff what you think by:—

Going to see the Sheriff S

• You can take someone like a friend, parent, a teacher or a social worker with you to see the 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 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. 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 Monday to Friday.

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

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 ask someone to go to sheriff for you, 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)