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Adults with Incapacity applications

Edinburgh Guardianship Court and AWI User Group (AWIUG)

A Guardianship Court has been established at Edinburgh Sheriff Court to hear applications lodged under the Adults with Incapacity (Scotland) Act 2000.

An application submitted to the sheriff under the 2000 Act takes the form of a summary application. Legal aid may be available at Scottish Legal Aid Board

The Sheriff Principal has issued a Practice Note which applies to all applications for guardianship orders and intervention orders and all minutes for renewal and/or variation of guardianship orders and for appointment of additional guardians and to all appeals to the sheriff lodged under the 2000 Act at Edinburgh Sheriff Court: Practice Note

Contact

For further information please email: edinburghawi@scotcourts.gov.uk or telephone 0131 225 2525, option 3 then option 6.

AWI User Group

An AWI User Group (AWIUG) has also been established, chaired by Sheriff Corke.

Membership

Sheriff Corke (Chair)
Sheriff Fife
Sheriff Braid
Sheriff Tait
The Head of the Civil Department
Ann Lowe, AWI Clerk and Secretary to the User Group
A Dowcra, Solicitor and Safeguarder
C Ogilvie, Solicitor
Fiona Brown, Office of the Public Guardian for Scotland
R Fairgrieve, Solicitor and Safeguarder
G Burton, Solicitor, Anderson Strathern
H McGinty, Solicitor and Safeguarder
W Dalgliesh, on behalf of Scottish Legal Aid Board
M Clarke, Solicitor on behalf of City of Edinburgh Council
D Campbell, Solicitor on behalf of East Lothian Council
S Ross, Midlothian Council 

 

Minutes of AWIUG meetings

Approved minutes

Contact AWIUG

If court users have any matters which they wish to draw to the attention of the Court relating to AWI procedures they should contact the Secretary to the Group - Mrs Ann Lowe - by email: edinburghawi@scotcourts.gov.uk

Legislation

Adults with Incapacity (Scotland) Act 2000

Mental Health (Care and Treatment) (Scotland) Act 2003 

Regulations

The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002

Rules

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules 1999, Part XVI, Rules 3.16.1 to 3.16.13 and Forms 20, 21, 22, 23 and 24 in Schedule 1

Forms

http://www.scotcourts.gov.uk/rules-and-practice/forms/sheriff-court-forms/summary-applications-statutory-applications-and-appeals-etc-forms

Practice Note

Sheriff Court - Practice Note - LB - Number 1 of 2018 Adults with Incapacity (S) Act 2000

Useful links

Office of the Public Guardian

Mental Welfare Commission

Scottish Legal Aid Board

City of Edinburgh Council

East Lothian Council

Midlothian Council

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