Appealing the decision made at your hearing
Find out what you can do if you're not happy with the decision made at your hearing.
Your Children’s Hearing is a legal meeting.
The Panel Members listen to everyone and then make a decision they think is best for you right now.
Sometimes you might not agree with what they decide — and that’s okay.
Can I appeal the decision?
Yes. Appealing means asking a court to look at the decision again.
But it’s important to know:
You can’t appeal just because you don’t like the decision
There has to be a good legal reason
A good reason might be:
You didn’t get a fair chance to share your views
You feel the Panel didn’t listen to what you said
How do I know if I have a good reason?
It can be hard to tell on your own:
You can do this with the help of someone you know and trust, such as your advocacy worker
If you already have a solicitor, speak to them first
If you don’t, Clan Childlaw can give you free legal advice and help you understand your rights
You don’t have to have a solicitor to appeal — but it can make things easier.
How long do I have to appeal?
Usually you must appeal within 21 days of the decision being made. The Chair of your hearing will tell you how many days you have.
That’s not very long, so if you’re thinking about appealing, tell your solicitor or Clan Childlaw as soon as you can.
What happens during an appeal?
Appeals are decided by a Sheriff (a type of judge) in court.
If you have a solicitor, you don’t need to go to court yourself
Your solicitor can go for you and tell you what happened afterwards
What can the Sheriff decide?
If the Sheriff agrees with your appeal, they can:
End your case so you don’t have to go to hearings anymore
Ask for a new hearing with a new Panel to look at things again
Make a new decision themselves about what’s best for you
If the Sheriff doesn’t agree, the decision made at your hearing stays the same.
The most important thing to remember
You’re not alone.
If you’re unsure, confused, or worried, you can ask for help.
There are people whose job is to support you and make sure your rights are respected. You can find some of them below:
Children and Young People's Commissioner Scotland
Any adult you trust such as a teacher, social worker or advocacy worker can help you decide who to contact.
