A return to the Court room for Child Welfare Hearings in Scotland

Joint guidance on Sheriff Court practice has been produced by the Sheriffs Principal for the first time for application across all Sheriffdoms in Scotland. 

The practice notes introduced cover various types of actions and take effect from 13 July 2022. The intention being that there will be a more consistent and collaborative approach taken by Sheriff Courts throughout Scotland. In years gone by, it was not uncommon for different Sheriffdoms to approach practice and procedure slightly differently which on occasion has caused confusion. 

For all family actions commencing after 13 July 2022, which involves orders relating to children, the first Child Welfare Hearing that would be set down within the Court timetable, will now be required to take place in person. This is the first time since prior to the initial lockdown in March 2020 that this will be a requirement. However, given the benefits that technology and virtual attendance can bring, it is possible if a party wished to participate in the first hearing by electronic means notice can be given no later than 5 days prior to the hearing. 

At the first Child Welfare Hearing, the Sheriff will also give consideration on whether any further hearings should be conducted in person or virtually. The default position will be that Child Welfare Hearings should take place in person unless otherwise directed by the Sheriff. 

For those cases which are already ongoing and were raised before 13 July 2022, at the next Child Welfare Hearing which is due to take place, the Sheriff will confirm that future Child Welfare Hearings should be held in person, unless otherwise directed by the Sheriff. 

It will be interesting to see the transition back into the Court room for Child Welfare Hearings in the future. Personal presence in the Court room in my experience certainly gives a greater sense of significance and authority to all involved when compared with virtual hearings.