Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.53(1)

FORM 63 S APPEAL TO SHERIFF AGAINST A REQUIREMENT BY THE CHILDREN’S HEARING UNDER SECTION 51(1) OF THE ACT

Sheriff Court at []

Appeal

under

Section 51(1) of the Children Scotland)

Act 1995

by

[insert names and addresses of child

and/or relevant person as appropriate]

APPELLANT

against

a decision of the children’s hearing for

[local authority area] at[insert place]

to make a supervision requirement in

respect of the said[insert name of child].

1.  On[date] a children’s hearing for[local authority area] made a requirement under section[insert section] of the Children (Scotland) Act 1995. A copy of the said requirement is appended hereto. S

2.  The children’s hearing appointed[insert name and address] to act as safeguarder * or No safeguarder was appointed. S

3.  The said requirement is unnecessary because[state reasons]. S

4.  The said[insert names of child and relevant person as appropriate] appeals to the sheriff to [state remedy]. S

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

[signed]

appellant(s)

*or solicitor for appellants

*or safeguarder appointed by the

chairman of the children’s hearing

[insert name and address]

*delete as appropriate

[Place and date]

The court assigns[date] at[hour] within the[name court] in chambers at[place] for the hearing of the application;

Appoints the Sheriff Clerk forthwith*

a. To intimate a copy of the application and this warrant on,

i. The Principal Reporter; and

*ii. the child together with a notice in form 64

*iii. the [insert name of relevant person or persons]

*iv. the safeguarder appointed by the sheriff or the children’s hearing,

*v. any other person having an interest in the original proceedings

*b. Dispenses with service on the child for the following reasons[insert details].

c. Appoints answers to be lodged , if so advised, not later than 7 days before the said diet.

and grants warrant to cite witnesses and havers.

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

*Sheriff or Sheriff Clerk

*delete as appropriate