Complaint

Stephen Leighton made this Freedom of Information request to Scottish Courts and Tribunals Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Scottish Courts and Tribunals Service,

I am asking this in context of prior to 1st July 2017- can a curator ad litem be allocated to a defender in a civil case of decree of divorce, even though the defender has been assessed as having capacity?

What should happen if it becomes clear to a curator ad litem that the defender has capacity to agree/understand the decree- should the curator discharge themselves? What law would the curator ad litem be breaking if they didn't discharge themselves once it became clear the defender was assessed as having capacity to agree/ be the party litigant in their decree? If the curator didn't discharge themselves - would they be breaking any law? Would this be a breach of civil law, or criminal law?

Is a curator ad litem allowed to have any say/involvement in the defenders property, family life and place of residence?

Yours faithfully,

Stephen Leighton

Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your email. Your email is receiving attention and we aim to provide you with a response within one Calendar Month for requests submitted under the Data Protection Act 2018.

If your request falls under the Freedom of Information (Scotland) Act 2002, the statutory timescale for a response is 20 working days.

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www.scotcourtstribunals.gov.uk

Dear Scottish Courts and Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Courts and Tribunals Service's handling of my FOI request 'Complaint'.

Can I be given the guidance/protocol to the court and the Curator Ad Litem; on what they should do when it comes to their attention that the person [defender] has been medically assessed as having full capacity make decisions?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Stephen Leighton

Foi, Scottish Courts and Tribunals Service

I am writing to acknowledge receipt of your email. Your email is receiving attention and we aim to provide you with a response within one Calendar Month for requests submitted under the Data Protection Act 2018.

If your request falls under the Freedom of Information (Scotland) Act 2002, the statutory timescale for a response is 20 working days.

Protect the environment...please don't print this e-mail unless you really need to

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email address]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Courts and Tribunals Service (SCTS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCTS accepts no liability for any damage caused by any virus transmitted by this e-mail.

www.scotcourtstribunals.gov.uk

Foi, Scottish Courts and Tribunals Service

1 Attachment

Dear Mr Leighton

Please find attached response to your request for review

M Mackie

Margo Mackie
Senior Information Officer
Information Governance & Correspondence
Scottish Courts and Tribunals Service

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