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The reasons for structural and systemic delays in establishing grounds must be identified— then eliminated.

Potential solutions to delay must involve the legal profession, and must include:

  • Considering a three-month time limit for the determination of grounds. This would be set in law, with scope for extension in extreme circumstances at the discretion of the Sheriff.
  • Measures to prioritise the developmental needs of infants and babies , where systemic delays may impact on their ability to form lasting and consistent relationships.
  • Understanding whether a flat rate fee structure or changes to legal aid would help make the process less drawn out.

As well as this, Sheriffs must use the tools they have available to efficiently determine any disputed grounds for referral.