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Children’s Hearings (Scotland) Act 2011

Requirement for review

Section 129 – Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

189.This section relates to when the sheriff has directed the Principal Reporter under section 12(1A) of the Antisocial Behaviour etc. (Scotland) Act 2004 to arrange a hearing for a child and the child is subject to an existing compulsory supervision order. Subsection (2) places a duty on the reporter to arrange for the order to be reviewed.

Section 130 – Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

190.This section applies where the court has remitted a case to the Children’s Hearing under section 49 of the Criminal Procedure (Scotland) Act 1995 for disposal and the child is already subject to a compulsory supervision order. In these circumstances, the Principal Reporter must arrange for the order to be reviewed. The ground is considered as having been established as an offence ground by the sheriff under section 108 of this Act.

Section 131 – Duty of implementation authority to require review

191.This section places a duty on the implementation authority (the local authority specified in the compulsory supervision order), by notifying the Principal Reporter, to require a review of a compulsory supervision order when the authority is satisfied that one of the circumstances set out in subsection (2) applies. The circumstances range from where the compulsory supervision order is not being complied with to where the implementation authority consider that it would be in the best interests of the child to make a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007.

192.Subsection (3) enables the Scottish Ministers to make regulations specifying the period within which a review requirement must be made in those circumstances listed in subsection (2)(a) to (d). Subsection (5) makes clear that a review must be made without delay where an application for an adoption order for the child has been made or is pending.

Section 132 – Right of child or relevant person to require review

193.This section allows the child and relevant person to require a review of the compulsory supervision order by giving notice to the Principal Reporter. The review may not take place until three months after the order being made, continued or varied although the notice may be given before that date. Subsection (5) enables the Scottish Ministers to make regulations shortening the period before a review can take place in relation to a compulsory supervision order that includes a secure accommodation authorisation.

Section 133 – Principal Reporter’s duty to initiate review

194.This section places a duty on the Principal Reporter to initiate a review where a compulsory supervision order is due to expire within a 3 month period and no other arrangements exist to review the order before the end of that period. A compulsory supervision order normally expires after a period of one year from making or reviewing the order, or on the child’s eighteenth birthday, unless the Children’s Hearing specifies an earlier review date in the order (see section 83(7)).

Section 134 – Duty to initiate a review if child to be taken out of Scotland

195.This section provides a duty on the relevant person to notify the Principal Reporter and the implementation authority of any plans to take a child who is subject to a compulsory supervision order to live outwith Scotland where removing the child from Scotland is not in accordance with the compulsory supervision order or with an order under section 11 of the 1995 Act. The jurisdiction of a Children’s Hearing extends only to Scotland but a hearing may specify a place of residence in Scotland and effectively prohibit a move elsewhere if that is considered to be in the best interests of the child. The notice must be given at least 28 days before the day the relevant person proposes to take the child to live outwith Scotland. Subsection (3) places a duty on the reporter to initiate a review hearing if the reporter receives notification under this section.

Section 135 – Duty to initiate review: secure accommodation authorisation

196.This section relates to a review of a compulsory supervision order that includes a secure accommodation authorisation and provides that the Principal Reporter must arrange for a review of the order within 3 months from the date the order was made, varied or continued. The duty on the reporter to initiate a review of the compulsory supervision order does not apply where the chief social work officer has removed the child from secure accommodation in the interim.

Section 136 – Duty to initiate review where child transferred

197.This section provides that where a child has been transferred as a matter of urgent necessity under section 143(2), the reporter must arrange a hearing to review the child’s case.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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