EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Rules of the Court of Session 1994, and the Ordinary Cause Rules 1993, to make provision concerning the appointment of reporters and local authorities to assist the court in relation to child welfare issues in family actions in the Court of Session and Sheriff Court.
The new rules make provision for the appointment of child welfare reporters who can be appointed either to seek the views of the child and to report the child’s views to the court (in accordance with section 11(7) of the Children (Scotland) Act 1995), or to undertake enquiries and to report to the court. A child welfare reporter can only be appointed to undertake enquiries and report where the court is satisfied that the appointment is in the best interests of the child, and that the appointment will promote the effective and prompt determination of an issue.
Certain matters have to be specified in any interlocutor appointing a child welfare reporter. Where the reporter is appointed to seek the views of a child the interlocutor must specify the issues in respect of which views are to be sought. Where the reporter is appointed to undertake enquiries and report the interlocutor must specify the enquiries to be undertaken, and the issues to be addressed in the report. These matters may be specified in a prescribed form of annex to the interlocutor. The interlocutor must also specify the date by which the report is to be submitted, and include a direction regarding initial liability for the reporter’s fee.
It is for the Deputy Principal Clerk of Session or sheriff clerk, rather than a party to the proceedings, to give the child welfare reporter a certified copy of the appointing interlocutor. Once appointed, the child welfare reporter’s functions are prescribed in the rules.
The rules make separate provision regarding the appointment of local authorities to investigate and report under section 11 of the Matrimonial Proceedings (Children) Act 1958.