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Children (Scotland) Act 2020
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3Proceedings under Children’s Hearings (Scotland) Act 2011
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(1)The Children’s Hearings (Scotland) Act 2011 is modified as follows.
(2)In section 27 (views of the child), for subsections (3) and (4) substitute—
“(3)The children’s hearing, pre-hearing panel or the sheriff must—
(a)give the child an opportunity to express the child’s views in—
(i)the manner that the child prefers, or
(ii)a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child’s preference, and
(b)have regard to any views expressed by the child, taking into account the child’s age and maturity.
(4)But the children’s hearing, pre-hearing panel or the sheriff is not required to comply with subsection (3) if satisfied that—
(a)the child is not capable of forming a view, or
(b)the location of the child is not known.
(4A)The child is to be presumed to be capable of forming a view unless the contrary is shown.”.
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