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 5 then option 3.
AWI User Group
An AWI User Group (AWIUG) has also been established, chaired by Sheriff Corke.
Membership
Sheriff Corke , Head of AWI
Sheriff Fife, Deputy Head of AWI
Sheriff Dickson
Sheriff Keir
Sheriff Stirling
Sheriff Tait
The Head of the Civil Department
Magda Markow, AWI Clerk and Secretary to the User Group
Fiona Brown, the Office of the Public Guardian
Wendy Dalgeish, Scottish Legal Aid Board
Charles Ogilvie, Solicitor, Drummond Miller
Gary Burton, Solicitor, Anderson Strathern
Catriona Watt, Solicitor, Anderson Strathern
Helen McGinty, Solicitor, Helen McGinty & Co and safeguarder
Raymond Fairgrieve, MHD Law, solicitor and safeguarder
Matthew Clarke, City of Edinburgh Council, solicitor
Donald Campbell, East Lothian Council, solicitor
Louise Shearer, East Lothian Council, solicitor
Keren Conway, East Lothian Council, solicitor
Emma Padden, Midlothian Council, solicitor
Dianne Millen, Watermans, solicitor and safeguarder
Lynne Lind, T.C. Young, solicitor
Sheila Byth, McKinnon Forbes, solicitor
Elizabeth Horsfall, safeguarder
Guy Couper, safeguarder
Sarah Prentice, safeguarder
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 - Magdalena Markow - 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 2022 Adults with Incapacity (S) Act 2000
Useful links
Sheriff Court - Practice Note - LB - Number 1 of 2022 Adults with Incapacity (S) Act 2000
Office of the Public Guardian
Mental Welfare Commission
Scottish Legal Aid Board
City of Edinburgh Council
East Lothian Council
Midlothian Council