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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

Investigation and determination by Principal Reporter

66Investigation and determination by Principal Reporter

(1)This section applies where—

(a )the Principal Reporter receives in relation to a child—

(i)notice under section 43 of the making of a child protection order,

(ii)information from a local authority under section 60,

(iii)information or a report from a constable under section 61,

(iv)a section 62 statement,

(v)evidence under section 63,

(vi)information from a person under section 64,

(vii)information from a constable under section 43(5) of the Criminal Procedure (Scotland) Act 1995 (c.46), or

(b)it appears to the Principal Reporter that a child might be in need of protection, guidance, treatment or control.

(2)The Principal Reporter must determine—

(a)whether the Principal Reporter considers that a section 67 ground applies in relation to the child, and

(b)if so, whether the Principal Reporter considers that it is necessary for a compulsory supervision order to be made in respect of the child.

(3)The Principal Reporter may make any further investigations relating to the child that the Principal Reporter considers necessary.

(4)The Principal Reporter may require a local authority to give the Principal Reporter a report on—

(a)the child generally,

(b)any particular matter relating to the child specified by the Principal Reporter.

(5)A local authority may include in a report given to the Principal Reporter under subsection (4) information given to the local authority by another person.

(6)The report may contain information in addition to any information given to the Principal Reporter under section 60.

67Meaning of “section 67 ground”

(1)In this Act “section 67 ground”, in relation to a child, means any of the grounds mentioned in subsection (2).

(2)The grounds are that—

(a)the child is likely to suffer unnecessarily, or the health or development of the child is likely to be seriously impaired, due to a lack of parental care,

(b)a schedule 1 offence has been committed in respect of the child,

(c)the child has, or is likely to have, a close connection with a person who has committed a schedule 1 offence,

(d)the child is, or is likely to become, a member of the same household as a child in respect of whom a schedule 1 offence has been committed,

(e)the child is being, or is likely to be, exposed to persons whose conduct is (or has been) such that it is likely that—

(i)the child will be abused or harmed, or

(ii)the child’s health, safety or development will be seriously adversely affected,

(f)the child has, or is likely to have, a close connection with a person who has carried out domestic abuse,

(g)the child has, or is likely to have, a close connection with a person who has committed an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009 (asp 9),

(h)the child is being provided with accommodation by a local authority under section 25 of the 1995 Act and special measures are needed to support the child,

(i)a permanence order is in force in respect of the child and special measures are needed to support the child,

(j)the child has committed an offence,

(k)the child has misused alcohol,

(l)the child has misused a drug (whether or not a controlled drug),

(m)the child’s conduct has had, or is likely to have, a serious adverse effect on the health, safety or development of the child or another person,

(n)the child is beyond the control of a relevant person,

(o)the child has failed without reasonable excuse to attend regularly at school,

(p)the child—

(i)is being, or is likely to be, subjected to physical, emotional or other pressure to enter into a marriage or civil partnership, or

(ii)is, or is likely to become, a member of the same household as such a child.

(3)For the purposes of paragraphs (c), (f) and (g) of subsection (2), a child is to be taken to have a close connection with a person if—

(a)the child is a member of the same household as the person, or

(b)the child is not a member of the same household as the person but the child has significant contact with the person.

(4)The Scottish Ministers may by order—

(a)amend subsection (2) by—

(i)adding a ground,

(ii)removing a ground for the time being mentioned in it, or

(iii)amending a ground for the time being mentioned in it, and

(b)make such other amendments of this section as appear to the Scottish Ministers to be necessary or expedient in consequence of provision made under paragraph (a).

(5)An order under subsection (4) is subject to the affirmative procedure.

(6)In this section—

  • “controlled drug” means a controlled drug as defined in section 2(1)(a) of the Misuse of Drugs Act 1971 (c.38),

  • “permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

  • “schedule 1 offence” means an offence mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (c.46) (offences against children under 17 years of age to which special provisions apply).

68Determination under section 66: no referral to children’s hearing

(1)This section applies where, having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that—

(a)none of the section 67 grounds applies in relation to the child, or

(b)it is not necessary for a compulsory supervision order to be made in respect of the child.

(2)If the child is being kept in a place of safety under section 65(2)(b) the Principal Reporter must direct that the child be released from the place of safety.

(3)The Principal Reporter—

(a)must inform the persons mentioned in subsection (4) of the determination and the fact that the question of whether a compulsory supervision order should be made in respect of the child will not be referred to a children’s hearing, and

(b)may, if the Principal Reporter considers it appropriate, inform any other person of the determination and that fact.

(4)Those persons are—

(a)the child,

(b)each relevant person in relation to the child,

(c)the relevant local authority for the child,

(d)any person specified in a child protection order in force in relation to the child under section 37(2)(a),

(e)any person who has given the Principal Reporter—

(i)notice under section 43 of a child protection order,

(ii)information under section 60, 61, 64 or 66,

(iii)a report under section 61 or 66,

(iv)a section 62 statement,

(v)evidence under section 63, or

(vi)information under section 43(5) of the Criminal Procedure (Scotland) Act 1995 (c.46).

(5)The Principal Reporter may refer the child to—

(a)the relevant local authority for the child with a view to the authority providing (or making arrangements for the provision by another person or body of) advice, guidance and assistance to the child and the child’s family in accordance with Chapter 1 of Part 2 of the 1995 Act (support for children and their families),

(b)such other person or body as may be specified by the Scottish Ministers by order for the purposes of this subsection, with a view to that person or body providing advice, guidance and assistance to the child and the child’s family.

(6)After complying with the requirements imposed by subsection (3)(a), the Principal Reporter must not refer the question of whether a compulsory supervision order should be made in respect of the child to a children’s hearing unless the Principal Reporter receives new information about the child.

69Determination under section 66: referral to children’s hearing

(1)This section applies where, having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that it is necessary for a compulsory supervision order to be made in respect of the child.

(2)The Principal Reporter must arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

(3)If the child is being kept in a place of safety under subsection (4) of section 43 of the Criminal Procedure (Scotland) Act 1995 (c.46) at the time the determination is made, the children’s hearing must be arranged to take place no later than the third day after the Principal Reporter receives the information under subsection (5) of that section.

(4)If the Principal Reporter has required a local authority to give the Principal Reporter a report under section 66(4), the Principal Reporter may request additional information from the local authority.

(5)If the Principal Reporter has not required a local authority to give the Principal Reporter a report under section 66(4), the Principal Reporter must require a local authority to give the Principal Reporter a report under that section.

70Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

(1)This section applies where—

(a)under section 12(1A) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) the sheriff requires the Principal Reporter to arrange a children’s hearing in respect of a child, and

(b)a compulsory supervision order is not in force in relation to the child.

(2)This Act applies as if—

(a)the requirement of the sheriff were a determination of the sheriff under section 108 that the section 67 ground specified in the statement given to the Principal Reporter under section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004 was established in relation to the child, and

(b)the sheriff had directed the Principal Reporter under section 108(2) to arrange a children’s hearing.

71Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

(1)This section applies where under section 49 of the Criminal Procedure (Scotland) Act 1995 (c.46)

(a)a court remits a case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, and

(b)a compulsory supervision order is not in force in relation to the child or person whose case is remitted.

(2)A certificate signed by the clerk of the court stating that the child or person whose case is remitted has pled guilty to, or been found guilty of, the offence to which the case relates is conclusive evidence for the purposes of the children’s hearing that the offence was committed by the child or person.

(3)This Act applies as if—

(a)the plea of guilty, or the finding of guilt, were a determination of the sheriff under section 108 that the ground in section 67(2)(j) was established in relation to the child, and

(b)the sheriff had directed the Principal Reporter under section 108(2) to arrange a children’s hearing.

72Child in place of safety: Principal Reporter’s powers

(1)Subsection (2) applies where—

(a)the Principal Reporter is required by section 69(2) to arrange a children’s hearing in relation to a child, and

(b)the child is being kept in a place of safety under section 65(2)(b).

(2)The Principal Reporter may direct—

(a)that the child be released from the place of safety, or

(b)that the child continue to be kept in the place of safety until the children’s hearing.

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