How to Prepare & Conduct Effective Child Welfare Hearings in Scotland

Introduction

The Sheriff at a Child Welfare Hearing must ‘secure the expeditious resolution of disputes in relation to the child’ - which gives flexibility and discretion in order to secure the best outcomes for children.

To get good results, practitioners need to be able to blend legal knowledge with a practical and solution-focused approach.

This new introductory level course will guide you through preparing for and conducting CWHs including working with difficult or distressed clients, dealing with child welfare reports and using alternative dispute resolution.

What You Will Learn

This course will cover the following:

• The Anatomy of a Private Child Law Action
• Where the CWH fits in - an overview of court rules and procedures
• Interaction with public child law procedures and Children's Reporter referrals
• Taking your Client's Initial Instructions
• Dealing with vulnerable or distressed clients
• Dealing with the angry or aggressive client
• Managing clients' expectations about the process and outcomes
• Considering options for alternative dispute resolution
• Seeking the Views of the Child
• Overview of the new rules
• Drafting and adjusting Form F9/49.8A
• Reports
• The new rules - requirement to consider whether views in a separate report
• Influencing the remit and appointment
• Advising your client before he/she speaks to the reporter
• Taking instructions on the report and adapting your case strategy
• Preparing for an Appearance at a CWH
• Procedural options and their implications, including a review of caselaw on final/interim orders and the hearing of evidence at CWHs
• When your client wishes to challenge the report
• Referrals to other support services
• Conducting the Hearing - What May Come Up and How to Respond
• Issues for Practitioners - Stress and Risk Management
• Conclusion and Questions