Scotland — your rights, your wording

The Sheriff Court hears most civil and criminal cases in Scotland — housing disputes, debt, family matters and many criminal cases. It is the court most people will ever see.

When it applies: If you have a case in Scotland that is not in the Court of Session and not a Children's Hearing, it is almost certainly in the Sheriff Court.

Your rights: You can be told what your case is about, seek legal advice or representation, ask for reasonable adjustments if you are disabled or vulnerable, and ask for copies of the papers about you.

The Court of Session is the highest civil court in Scotland. It deals with complex or high-value civil matters and appeals from the Sheriff Court.

When it applies: If your case has been appealed upward, or it is a major civil matter, it may sit in the Court of Session.

Your rights: You can ask for clear information about the process, seek representation, and ask about legal aid before anything is decided.

A panel of trained volunteers looks at a child's welfare or behaviour and decides what support or measures are needed. It is meant to be child-centred rather than adversarial.

When it applies: If social work or the authorities are worried about a child's welfare or behaviour in Scotland, you may be invited to a Children's Hearing.

Your rights: You can be heard, bring someone for support, see the reports about you (with some limits), and challenge decisions you disagree with.

A curator ad litem is appointed to look after the interests of a child or an adult who cannot act for themselves in a case, and to report to the court.

When it applies: Usually in family or welfare cases where a court wants an independent view of what is best for a child or vulnerable adult.

Your rights: You can ask who was appointed, what their role is, and to see the parts of their report that concern you.

The Adult Support and Protection (Scotland) Act 2007 puts duties on councils to make enquiries when an adult may be at risk of harm and unable to safeguard themselves.

When it applies: If you or someone you care for is at risk of harm, neglect or exploitation and needs the council to act.

Your rights: You can ask the council to make enquiries, ask what they decided, and ask for written reasons if they decide to do nothing.

Section 11 of the Children (Scotland) Act 1995 lets a court make orders about who a child lives with, contact arrangements, and parental responsibilities.

When it applies: In disputes between parents or carers about where a child lives or who they see.

Your rights: You can ask for the child's views to be taken into account, ask for clear written orders, and apply to vary an order if things change.

Under the Housing (Scotland) Act 1987 and later reforms, a council must take a homelessness application, assess it, and provide temporary accommodation while it does. Scotland does not use the 'priority need' test that England still leans on.

When it applies: You are homeless now, or you are likely to become homeless within two months.

Your rights: You can make an application, have it assessed properly, get temporary accommodation, receive a written decision, and ask for a review if you are refused or turned away at the door.

1. Ask the council to take a homelessness application — say those words.
2. Ask for temporary accommodation in the same conversation if you have nowhere safe.
3. Put the application in writing the same day and keep a copy.
4. Ask for the written decision and the reasons behind it.
5. Request a review within the time limit if the decision is wrong.

The Repairing Standard sets minimum conditions for private rented homes in Scotland — wind and watertight, working installations for water, gas, electricity, heating and sanitation, safe fittings, working smoke and heat alarms.

When it applies: You rent privately in Scotland and something structural, dangerous or basic is not being fixed.

Your rights: You can report repairs in writing, expect them within a reasonable time, and apply free of charge to the First-tier Tribunal (Housing and Property Chamber) if the landlord ignores their duties.

1. Report the repair in writing with dates and photographs.
2. Give a clear, reasonable deadline — 14 days for a response is standard.
3. Send a final notice saying you will apply to the Tribunal.
4. Apply to the Housing and Property Chamber. It is free.

A Scottish Secure Tenancy carries strong protection. A landlord must serve the correct notice and get a court order from the Sheriff Court before anyone can be evicted, and the court has to be satisfied it is reasonable.

When it applies: You rent from a council or a housing association in Scotland.

Your rights: You have the right to stay unless a court says otherwise, to written notice in the correct form, to succeed the tenancy in some circumstances, and to be consulted on changes.

A Private Residential Tenancy has no fixed end date. A landlord must use one of the statutory eviction grounds, serve a Notice to Leave with the right notice period, and apply to the First-tier Tribunal — not the court.

When it applies: You rent privately in Scotland under a tenancy that began from 1 December 2017.

Your rights: You can stay until the Tribunal orders otherwise, challenge a Notice to Leave that is wrong, and refer unfair rent increases for adjudication.

Removing a tenant without the correct notice and an order, or making life unbearable to force them out, is unlawful. Councils have dedicated teams for this.

When it applies: Locks changed, belongings removed, services cut off, or threats made to get you to leave.

Your rights: You can contact the council's housing or homelessness team, report it to the police, and seek damages.

The Education (Additional Support for Learning) (Scotland) Acts give children and young people the right to extra support when they need it — because of disability, health, trauma, family circumstances or anything else affecting learning.

When it applies: Your child is struggling and the school's ordinary provision is not enough.

Your rights: You can request an assessment of needs, ask for support to be recorded in a plan, be involved in decisions, and challenge a refusal.

1. Ask the school in writing to assess additional support needs.
2. Ask for the assessment outcome and the support plan in writing.
3. If refused, ask for written reasons and who decided.
4. Use the council's complaints route, then mediation or the ASN Tribunal.

A CSP records the support a child gets from education, health, social work and others, who provides it and why. It is a statutory document with appeal rights attached, and it is not the same as an informal school plan.

When it applies: Your child's needs are complex or long-term and come from more than one service.

Your rights: You can request a CSP, ask for a review, see the plan, and appeal to the Additional Support Needs Tribunal if it is refused or not followed.

Scottish guidance ('Included, Engaged and Involved') says exclusion should only be used when there is no appropriate alternative. Informal exclusions — being told to keep a child at home with nothing in writing — are not lawful.

When it applies: Your child has been sent home, suspended or excluded.

Your rights: You can ask for the reason in writing, see the record, make representations, and appeal to the council's appeal committee.

A placing request asks the council to place your child at a school of your choice. Councils can refuse only on specific statutory grounds and must tell you why.

When it applies: You want a different school for your child, or a specialist provision.

Your rights: You can make a request, get written reasons for a refusal, and appeal to an appeal committee or the ASN Tribunal where additional support needs are involved.

Section 22 of the Children (Scotland) Act 1995 lets a council safeguard and promote a child's welfare by providing support — which can include money, goods, or services — where the child is in need.

When it applies: Your family is struggling and social work involvement could be prevented or eased with practical help.

Your rights: You can ask social work to consider Section 22 support, ask what they decided, and ask for written reasons if they refuse.

Before a hearing, the Reporter sends papers to the people entitled to them. You should get them in enough time to read them and respond, not on the morning of the hearing.

When it applies: You have been told a Children's Hearing has been arranged.

Your rights: You can ask for the reports in advance, ask for them in a format you can read, bring a supporter, and give your own written statement.

If you disagree with a compulsory supervision order or a condition attached to it, you can appeal to the Sheriff Court within the statutory time limit — usually 21 days.

When it applies: A hearing has made a decision you believe is wrong or unfair.

Your rights: You can appeal, ask for the reasons in writing, get legal advice, and ask for a review of the order later.

Under UK data protection law you can ask for the personal information a council holds about you. They must respond within one month, though some third-party information may be redacted.

When it applies: You want to know what is on record before a meeting or a hearing.

Your rights: You can request your records free of charge, ask for corrections if something is wrong, and complain to the ICO if you are ignored.

Scottish Child Payment is paid by Social Security Scotland to eligible families to help with the cost of raising children. It is separate from Child Benefit and from Universal Credit.

When it applies: You care for a child and you or your partner get a qualifying low-income benefit.

Your rights: You can apply, ask for help completing the application, get a written decision, ask for a redetermination if refused, and then appeal.

Best Start Grant pays three separate one-off grants — pregnancy and baby, early learning, and school age. Best Start Foods is a prepaid card for healthy food and milk.

When it applies: You are pregnant or caring for a young child and receive a qualifying benefit.

Your rights: You can apply for each payment in its own window, ask for help with the forms, and challenge a refusal.

Adult Disability Payment helps with the extra costs of a disability or long-term condition. Scotland's system uses supporting information you already have rather than routine face-to-face assessments.

When it applies: You live in Scotland, are of working age, and have a condition affecting daily living or mobility.

Your rights: You can apply, ask for support to gather evidence, request a redetermination within 42 days of a decision, and then appeal to a tribunal.

A Crisis Grant helps in an emergency — no money for food, heating or travel. A Community Care Grant helps you set up or stay in a home. Both are applied for through your council.

When it applies: You are in a financial emergency, or leaving care, hospital or a refuge.

Your rights: You can apply, expect a decision on a crisis grant within one working day, request a first-tier review, and then a review by the SPSO.

SPSO looks at complaints once the organisation's own two-stage process is finished. They look at how a decision was made and whether there was service failure, not at whether they would have decided differently.

When it applies: You have a final response from a Scottish public body and you are still unhappy.

Your rights: You can complain to SPSO within their time limits (usually 12 months), ask for an extension where there is good reason, and get a written outcome.

1. Complain to the organisation and ask for stage 1.
2. Escalate to stage 2 and ask for the final response in writing.
3. Take it to SPSO with the final response attached.

The Regulator looks at whether social landlords meet the Scottish Social Housing Charter and handle serious concerns properly. It does not resolve individual complaints — that is SPSO — but it does act on significant performance failures.

When it applies: You have used your landlord's complaints process and there is a serious, wider failure.

Your rights: You can raise a significant performance failure with the Regulator and get an acknowledgement of what they will do.

1. Complain to the landlord and complete their process.
2. Report the significant performance failure to the Regulator.
3. Take the individual complaint to SPSO in parallel.

The Housing and Property Chamber deals with repairs, the Repairing Standard, deposits, rent and eviction applications for private tenancies. There is no fee to apply.

When it applies: You rent privately and the landlord will not do repairs, or you have been served a Notice to Leave.

Your rights: You can apply free of charge, present your own case, bring a supporter, and ask for adjustments.

The ASN Tribunal (part of the Health and Education Chamber) hears references about CSPs, placing requests where a CSP is in place, and disability discrimination claims against schools.

When it applies: A CSP has been refused, is wrong, or is not being followed.

Your rights: You can make a reference, get free advocacy support, and have the tribunal order the council to act.