Legal Services - Court
The court team within legal services covers a wide range of support and advice to Scottish Borders Council and are responsible for:
Adoption and Child Care Litigation
The Court Team provide support, assistance and representation over a wide area of Child Care Law. In particular, the Team deal with all applications made by the Local Authority seeking to free a child for adoption and is also involved in providing child protection advice where concerns regarding children's health or safety have been brought to the attention of Social Work.
Mental Health Applications, Curatories, Guardianships and Community Care Charges
The Local Authority is responsible for ensuring that those who require assistance under the Mental Health (Scotland) Act or the Adults With Incapacity Act receive the aid and assistance they require. This may require the Local Authority to seek orders in relation to those who are suffering from a mental illness and require either day to day care or protection of their financial affairs. Where such action is necessary, the Court Team provides advice, assistance and representation in Court where appropriate in order to ensure these orders are obtained. The Council is also currently responsible for ensuring that those in need of it receive community care. Where individuals are required by law to contribute to the cost of such community care, the Court Team is involved in providing advice and assistance in order to pursue outstanding care charges. You can find out more about these issues on the Public Guardian's website.
Education Placing Appeals, Exclusions Appeals and Attendance Orders
The Team provides advice, assistance and representation to the Education and Lifelong Learning Service in relation to all aspects of their service. This includes advice to teaching staff within the Local Authority area. Legal Representation before the relevant Committees as well as the Sheriff Court in respect of Education Placing and Exclusion Appeals is provided. The drafting of Attendance Orders and, if necessary, the prosecution of parents in respect of the non attendance of their children at school is pursued on behalf of the Education and Lifelong Learning Service.
Employment Law - Support to Management
The Team offers support, advice and representation to Council Management in relation to all aspects of employment law. This
includes providing representation at Employment Tribunals
Interdicts
An interdict is where you seek a Court order seeking to prevent another person carrying out an unlawful action which is directly prejudicial to you. The Local Authority can be involved both in seeking interdicts in order to prevent the unlawful actions of others and as a defender where third parties allege that the actions of the Council have been unlawful. In these circumstances, the Court Team will provide advice and representation to the Council to either obtain an interdict against the wrong-doer or to defend its actions against any claim of unlawful behaviour by the Council itself.
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