Search Legislation

Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Duties of reporting officer and curator ad litem

44.—(1) The other duties of a reporting officer appointed under this Chapter, other than under rule 32(3), which are prescribed for the purposes of section 108(1)(b) of the 2007 Act are—

(a)to ascertain the whereabouts of all persons whose consent to the making of an adoption order in respect of the child is required;

(b)to ascertain whether there is any person other than those mentioned in the petition or minute, as the case may be, upon whom notice of the application should be served;

(c)in the case of each person whose consent to the making of an adoption order is required or may be dispensed with, to—

(i)ascertain whether that person understands what the effect of making an adoption order would be;

(ii)ascertain whether alternatives to adoption have been discussed with that person;

(iii)confirm that that person understands that he may withdraw his consent at any time before an order is made;

(d)to confirm that each parent or guardian of the child who can be found is aware that he may apply to the court for—

(i)variation of the ancillary provisions in the permanence order under section 92 of the 2007 Act; and

(ii)revocation of a permanence order under section 98 of the 2007 Act,

and of the appropriate procedure for these applications.

(e)to report in writing on the matters mentioned in subparagraphs (a) to (d) to the sheriff within 4 weeks from date of interlocutor appointing the reporting officer, or within such other period as the sheriff in his discretion may allow.

(2) References in paragraph (1) to consent are to consent within the meaning of section 83(1)(c), 84(1) or 93(3) of the 2007 Act as the case may be.

(3) A curator ad litem appointed under this Chapter must—

(a)have regard to safeguarding the interests of the child as his paramount duty;

(b)inquire, so far as he considers necessary into the facts and circumstances stated in the petition or minute, as the case may be, and in any report lodged under rule 31(2)(b);

(c)where appropriate, establish the child’s religious persuasion, racial origin and cultural and linguistic background;

(d)where appropriate, establish whether the order is likely to safeguard and promote the welfare of the child throughout childhood;

(e)ascertain whether the child is subject to a supervision requirement under section 70 of the 1995 Act;

(f)ascertain from the child whether he wishes to express a view and, where the child indicates his wish to express a view, ascertain that view;

(g)ascertain the likely effect on the child of the making of the order;

(h)where appropriate, ascertain whether it would be better for the child that the order be made than that it should not be made;

(i)where appropriate, ascertain whether it would be better for the child if the court were to grant authority for the child to be adopted than if it were not to grant such authority;

(j)where appropriate, ascertain whether the child has been, or is likely to be, placed for adoption.

(4) Subject to paragraph (5) the curator ad litem must report in writing on the matters mentioned in paragraph (3) to the sheriff within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the sheriff in his discretion may allow.

(5) Subject to any order made by the sheriff under rule 46(1)(a) the views of the child ascertained in terms of paragraph (3)(f) may, if the curator ad litem considers appropriate, be conveyed to the sheriff orally.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources