Section 4 – compulsory supervision orders: directions authorising restriction of liberty
24.A children’s hearing may make a CSO in relation to a child if it is satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child.(15) Section 83 of the 2011 Act explains what a CSO is. It is an order that may include any of the measures listed in section 83(2). One of those measures is a requirement that the child reside at a specified place.(16) If a CSO includes that type of requirement, it may also include a direction authorising the person in charge of the place where the child is to reside to restrict the child’s liberty. That person may do so to the extent considered appropriate when taking account of the terms of the CSO.
25.Section 4 amends section 83 to make it explicit that any such direction does not include authorisation to deprive the child of their liberty. If a children’s hearing considers it necessary to deprive the child of their liberty, it must instead include in the CSO a secure accommodation authorisation. That measure attracts special legal safeguards for the child’s protection,(17) and is explained further in relation to section 7 (see paragraphs 41 to 47 of these Notes).
See section 91(3)(a) of the 2011 Act.
See section 83(2)(a). “
See sections 135 and 151 of the 2011 Act, the Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013/205) and the Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (S.S.I. 2013/212) (legislation.gov.uk).
