Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Child Welfare Reporters) 2015

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph.

(2) For rule 49.22 (appointment of local authority or reporter to report on a child)(2), substitute—

“Child welfare reporters

49.22.— (1) At any stage of a family action the court may, in relation to any matter affecting a child, appoint a person (referred to in this rule as a “child welfare reporter”)—

(a) to seek the views of the child and to report any views expressed by the child to the court; or

(b) to undertake enquiries and to report to the court.

(2) A child welfare reporter may only be appointed under paragraph (1)(b) where the court is satisfied that the appointment—

(a) is in the best interests of the child; and

(b) will promote the effective and expeditious determination of an issue in relation to the child.

(3) An interlocutor appointing a child welfare reporter must—

(a) specify a date by which the report is to be submitted to the court;

(b) include a direction as to the fees and outlays of the child welfare reporter;

(c) where the appointment is under paragraph (1)(a), specify the issues in respect of which the child’s views are to be sought; and

(d) where the appointment is under paragraph (1)(b), specify the enquiries to be undertaken, and the issues requiring to be addressed in the report.

(4) An interlocutor complies with subparagraph (c) or (d) of paragraph (3) if the issues or, as the case may be, the enquiries referred to in that subparagraph are specified in an annex to the interlocutor in Form 49.22.

(5) Where the court has appointed a child welfare reporter with a view to the report being considered at an assigned hearing, the date specified in accordance with paragraph (3)(a) must be a date no less than three clear days before that hearing, excluding any day on which the Office of Court is not open, unless cause is shown for specifying a later date.

(6) On appointing a child welfare reporter, the court may also—

(a) make such further order as may be required to facilitate the discharge of the child welfare reporter’s functions;

(b) direct that a party to the proceedings is to be responsible for providing the child welfare reporter with copies of such documents lodged in the process as may be specified; and

(c) give the child welfare reporter directions.

(7) The direction referred to in paragraph (3)(b) must assign liability for payment of the child welfare reporter’s fees and outlays in the first instance, and require that liability to be borne—

(a) in equal shares by—

(i) the pursuer;

(ii) any defender who has entered appearance; and

(iii) any other person who has been sisted as a party to the proceedings; or

(b) by one or more parties to the proceedings on such other basis as may be justified on cause shown.

(8) On the granting of an interlocutor appointing a child welfare reporter the Deputy Principal Clerk must—

(a) give the child welfare reporter—

(i) a certified copy of the interlocutor, and

(ii) sufficient information to enable the child welfare reporter to contact the solicitor for each party to the proceedings, or any party not represented by a solicitor; and

(b) intimate the name and address of the child welfare reporter to any local authority to which intimation of the proceedings has been made.

(9) A child welfare reporter appointed under this rule must—

(a) where the appointment is under paragraph (1)(a)—

(i) seek the child’s views on the specified issues, and

(ii) prepare a report for the court reporting any such views;

(b) where the appointment is under paragraph (1)(b)—

(i) undertake the specified enquiries, and

(ii) prepare a report for the court having regard to the specified issues;

(c) send the report to the Deputy Principal Clerk by the date specified;

(d) unless otherwise directed, send a copy of the report to each party to the proceedings by that date.

(10) A child welfare reporter may—

(a) apply to the Deputy Principal Clerk to be given further directions by the court; and

(b) bring to the attention of the Deputy Principal Clerk any impediment to the performance of any function arising under this rule.

(11) Where a child welfare reporter acts as referred to in paragraph (10), the court may, having heard parties, make any order or direction that could competently have been made under paragraph (6).

Appointment of local authority to report on a child

49.22A.— (1) This rule applies where the court appoints a local authority to investigate and report to the court on the circumstances of a child and on the proposed arrangements for the care and upbringing of the child.

(2) The following provisions of rule 49.22 apply as if the reference to the child welfare reporter was a reference to the local authority appointed by the court—

(a) paragraph (3)(a) and (b);

(b) paragraph (6)(a) and (b);

(c) paragraph (7); and

(d) paragraph (8).

(3) On completion of the report referred to in paragraph (1), the local authority must—

(a) send the report to the Deputy Principal Clerk; and

(b) unless otherwise directed by the court, send a copy of the report to each party to the proceedings.”.

(3) In the Appendix, after Form 49.14A-G (form of notice to defender in action of dissolution of civil partnership on grounds under section 117(2)(b) of the Civil Partnership Act 2004(3), insert the form set out in Schedule 1 to this Act of Sederunt.

(1)

The Rules of the Court of Session 1994 are in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443) last amended by S.S.I. 2015/283.

(2)

Rule 49.22 was amended by S.I. 1996/2587.

(3)

Form 49.14A-G was inserted by S.S.I. 2005/632.