# Act of Sederunt (Child Care and Maintenance Rules) 1997, Rule 3.5: Procedure for obtaining a child’s view

Extent: S

(1) Subject to section 27(3) of the 2011 Act and regulation 11A(5) and (6) of the Secure Accommodation (Scotland) Regulations 2013, the sheriff—
(a) may order such steps to be taken as he considers appropriate to ascertain the views of that child; and
(b) shall not come to a decision about a matter relating to a child within the meaning of section 27 of the 2011 Act or in respect of an appeal under section 44A of the CPSA 1995 unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Subject to any order made by the sheriff under paragraph (1)(a) and to any other method as the sheriff in his discretion may permit, the views of the child may be conveyed–
(a) by the child orally or in writing;
(b) by an advocate or solicitor acting on behalf of the child;
(c) by any safeguarder ...; ...
(ca) by any curator ad litem;
(d) by any other person (either orally or in writing), provided that the sheriff is satisfied that that person is a suitable representative and is duly authorised to represent the child.
(3) Where the views of the child are conveyed orally to the sheriff, the sheriff shall record those views in writing.
(4) The sheriff may direct that any written views given by a child, or any written record of those views, shall–
(a) be sealed in an envelope marked “Views of the child – confidential”;
(b) be kept in the court process without being recorded in the inventory of process;
(c) be available to a sheriff only;
(d) not be opened by any person other than a sheriff, and
(e) not form a borrowable part of the process.

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Source: https://www.legislation.gov.uk/uksi/1997/291/rule/3.5 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997/rule-3.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.