In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which decisions of the juvenile branch set off the duty to notify, and who has to be told the reasons?

General information · Not legal advice

Material to check

In a practice file we read the copy of the decision itself, to see which decision provision it was made under and what reasons are recorded on it, together with the papers showing how and when each named recipient was notified.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading confines the duty by its own terms: only where the juvenile branch has made a decision under either of the two decision provisions this provision names does it have to tell the reasons, and it must then tell both the subject of the case and that person's guardian, without delay.

Another reading marks the reach of the provision as narrow: the duty attaches to no other decision of the branch, and the provision fixes who must be told and what must be told, but leaves open what counts as 'without delay' and how notice must reach each recipient.

Your judgment

If the reasons were made known to the guardian but not to the subject of the case, how would the file show whether the duty was met?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to name further decisions, other recipients, a form of notice or a clearer time limit, or if a court decision explains what counts as 'without delay' or how far the reasons must be set out.

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