Alan Newton Scottish Courts and Tribunals Service HQ Saughton House By email: request-678439- Broomhouse Drive [email protected] Edinburgh EH11 3XD Phone 0131 444 3352 DX 545309 Edinburgh 39

31 August 2020

Our Ref: FOI 2020 114

Dear Mr Newton,

Freedom of Information () Act 2002 (FOISA)

Thank you for your request for information, received by this office on 19 July 2020, in the following terms:

1. Do you regulate the role of Curator ad litem, if so, can you give me the policy that highlights you do? If not, can you explain why, and can you provide me with information as to who does regulate the role of Curator ad litem?

2. How many complaints has the Scottish Courts and Tribunals Service received about Curator ad litem's in the last 20 years? How many were investigated and what was the outcome?

We sought clarification form you on 27 July 2020 in the following terms: ‘Curators ad litem can be appointed in a wide variety of court cases. I would be grateful if you could indicate if you are interested in curators ad litem generally, or in a particular type of case. In explanation, curators may be appointed in adoption cases, in relation to a child in a family case, a children’s hearing, or a defender suffering from a mental disorder in a family action.’

You helpfully provided clarification on 31 July 2020 as follows: I am looking for all information for all various court actions.

In response to part one of your request I can confirm that the Scottish Courts and Tribunals Service (SCTS) does not regulate the role of Curator ad litem and holds no policy concerning this. The purpose of the SCTS is supporting justice, which we do by providing the people, buildings and services needed to support the judiciary, the courts, the tribunals and the Office of the Public Guardian. The SCTS’s function is therefore administrative and not regulatory.

We note that you seek information as to who does regulate the role of Curator ad litem. As we do not regulate the role of Curator ad litem, and have no involvement in this process, we have limited information in this regard. Curators ad litem are themselves generally solicitors who have rules and guidance administered by their regulatory body, the , which they must adhere to.

The Law Society of Scotland website provides further information here: https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/

I hope this information is helpful, and I am sorry that I cannot be of further assistance.

In response to part 2 of your request, the SCTS does try wherever possible to provide the information requested. However, on this occasion, our response has been limited to the statistics recorded in the SCTS complaints register only. This register details complaints received by the SCTS from 2017 to date. This register does not take account of all complaints received and responded to on the spot, via our front-line resolution approach. It also does not take account of general enquiries received and responded to. I can confirm that the search of the register provided a nil return for complaints received about Curators ad litem for the period 2017 to date.

I must advise that an exemption has been applied in terms of section 12 of FOISA (excessive cost) as the investigations required to obtain the information sought, prior to 2017, from every SCTS business unit, of which there is more than 40, would exceed the statutory cost limit whereby an authority is not required to provide the information.

By way of explanation, each court, tribunal and business unit can separately receive and respond to complaints. These can be filed with case papers, and in general correspondence (both paper and electronic).

Consequently, the only way to ascertain the information sought would be by a manual search and collation by each court and business unit. Given the volume of records involved, and the number of business units within the SCTS estate, the work required to ascertain the information requested would exceed the £600 threshold set by freedom of information legislation and this aspect of your request is therefore refused in terms of section 12 of FOISA.

For your information, complaints concerning court appointed Curators ad litem are generally made directly to the presiding judge in a particular action, during proceedings. These instances are not recorded as complaints received by the SCTS as we cannot consider them, nor investigate them. To ascertain the amount of complaints made during proceedings would require manual interrogation of the case papers where a curator ad litem was appointed in the last 20 years. I am afraid that the level of work required to identify these cases, and to then manually interrogate them, would again exceed the £600 monetary limit.

For further information regarding complaints about Curators ad litem, you may wish to contact The Scottish Legal Complaints Commission (SLCC). The SLCC is the first point of contact for all complaints about lawyers in Scotland. Curators ad litem are generally legally qualified and the SLCC may be able to confirm the numbers of complaints they have received about lawyers acting in this capacity.

The SLCC website is: https://www.scottishlegalcomplaints.org.uk/

I am sorry that I am unable to be of further assistance on this occasion. However should you feel dissatisfied with this response or the manner in which your request has been handled, FOISA provides for a review process to be conducted. Should you wish to take advantage of this process you may apply in writing for a review. Your request should provide details of why you wish a review to be carried out and should be made within 40 working days of receipt of this letter to:-

The Freedom of Information Officer Scottish Courts and Tribunals Service Saughton House Broomhouse Drive Edinburgh EH11 3XD [email protected]

Following that review should you still feel dissatisfied, you have the right to lodge an appeal with the Scottish Information Commissioner either online: http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/Appealingto Commissioner.aspx or at the following address:-

Office of the Scottish Information Commissioner Kinburn Castle Doubledykes Road St. Andrews FIFE

Yours sincerely

Sean Chalmers

Sean Chalmers Information and Correspondence Manager Scottish Courts and Tribunals Service