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Appeal a decision

Your hearing is a legal tribunal and that means that CHS can’t change the decision that a Panel has made at your hearing. 

Panel Members will make the decision they believe is best for you at this time but you might not agree with their decision. You do have the right to appeal the decision made at your hearing but disagreeing with the decision, or not liking it, doesn’t mean you will be able to successfully appeal it. There must be a good reason in law to justify your appeal.

That might be if you feel the Panel didn’t give you the chance to tell them what your views were during the hearing, or if you feel they didn’t listen to you enough.

It’s difficult to know whether you have a good reason to appeal so it’s best to get advice to help you decide whether to appeal. If you have a legal representative, speak to them first. If you don’t have a legal representative, Clan Childlaw offer free legal advice to children, especially about your rights relating to children’s hearings. You don’t need a solicitor to appeal but they can be very helpful.

An appeal must be made in writing to the Sheriff Court within 21 days from the time the Panel made their decision. That’s not a lot of time so if you are even thinking about appealing, let your solicitor or ClanChildlaw know as soon as possible. Appeals are heard by a Sheriff in Court, but if you have someone representing you, you don’t have to go to Court. They can let you know how your appeal went afterwards.

If the Sheriff agrees with you appeal, they can:

  • Discharge your case so you no longer have to attend children’s hearings
  • Ask the Reporter to arrange another hearing so that another Panel can re-consider what decision is best for you
  • Make their own decision about what’s best for you and make a new order.

If they don’t agree with your appeal, the hearing’s decision will stay the same.