Meeting of the Parliament 18 March 2026 [Draft]
I am pleased to have the opportunity to make a contribution to this seminal bill, which is the last piece of Government legislation that I will have the privilege of seeing this Parliament pass into law before I retire as an MSP.
Amendment 181 would place timescales on the establishment of grounds before a sheriff, as was just mentioned. Currently, a court must hold a hearing within 28 days of the application for proof of grounds. This amendment would put in place an additional timescale of 90 days for a decision to then be made on the establishment of those grounds.
The 90-day period would be from the point at which the application for proof is made by the principal reporter to the court. Sheriff Mackie, in his “Hearings for Children” report, specifically stated that the benefits of such an approach should be explored, and I thank colleagues, specifically Martin Whitfield, for lodging amendments on the topic at stage 2.
However, in lodging this amendment, I am mindful of the need to ensure that any provision in this space is properly directed and addresses the root of any issue. We must also recognise that the role of managing any case before the court is a matter for the sheriff, and I thank the office of the Lord President and the sheriffs principal for their engagement with the Government on this topic since stage 2.
Establishing grounds in a timely fashion is key to an effective and efficient system that operates as best it can for children and their families. Cases that are prolonged are often done so for good reason, but amendment 181 will ensure appropriate and effective judicial oversight and that cases will go beyond the timescale only where it is appropriate and necessary to do so, having regard to the best interests of the child who is the subject of the referral.
We are all keen to ensure that cases are dealt with effectively and efficiently, minimising delay and ensuring that no child or family is unnecessarily waiting for decisions to be taken or actions to be implemented. I therefore urge members to support amendment 181.