Children’s Hearings (Scotland) Act 2011

111 Sheriff: review or dismissal of application

(1) This section applies where an application is made under section 110.

(2) If subsection (3) applies the sheriff must review the grounds determination.

(3) This subsection applies if—

(a) there is evidence in relation to the ground that was not considered by the sheriff when making the grounds determination,

(b) the evidence would have been admissible,

(c) there is a reasonable explanation for the failure to lead that evidence before the grounds determination was made, and

(d) the evidence is significant and relevant to the question of whether the grounds determination should have been made.

(4) If subsection (3) does not apply, the sheriff must dismiss the application.