The Children’s Hearings (Scotland) Act 2011 (Movement Restriction Conditions) Regulations 2013

Monitoring arrangements: child’s plan

3.—(1) The monitoring arrangements imposed as part of a movement restriction condition contained within a compulsory supervision order or an interim compulsory supervision order must include the preparation by the implementation authority of a child’s plan.

(2) The implementation authority must endeavour to agree the child’s plan with the child and any relevant person in relation to the child.

(3) A child’s plan must, so far as is practicable, address the immediate and longer term needs of the child with a view to safeguarding and promoting the child’s welfare.

(4) A child’s plan, and any matters relating to that plan or its review, must be recorded in writing.

(5) That requirement may be satisfied by a child’s plan, its review or any such matter, being in electronic form which is—

(a) sent by electronic means, and

(b) capable of being reproduced in legible form.

(6) The matters set out by the implementation authority in a child’s plan must include details of the services to be provided relative to a compulsory supervision order or interim compulsory supervision order which contains a movement restriction condition to meet the care, education and health needs of the child and, in particular—

(a) the provision of, or means of accessing, alternative accommodation to that specified in accordance with regulation 6(1)(a), together with particulars of those persons who are to be notified, and by whom, when such accommodation is provided or accessed;

(b) the provision of a crisis response service, being a service to be provided by or on behalf of the implementation authority, by way of immediate support for the child under reference to the child’s plan, which service must include a telephone contact facility, accessible on a 24 hours per day basis, for every day of the year, both by the child, by any person designated in accordance with regulation 4(1), and by any other person identified in the plan as requiring such access; and

(c) the arrangements which are to be made for evaluating the child’s participation, progress and cooperation in relation to the child’s plan, and the provision which is to be made for regular reports.

(7) The implementation authority must also set out, within the child’s plan, the arrangements for review of the plan by the authority, including in particular the date or dates when the plan is to be reviewed, subject always to such review taking place within 3 months of the plan being completed, or within 3 months of the children’s hearing or a sheriff, as the case may be, imposing a compulsory supervision order or interim compulsory supervision order which contains a movement restriction condition, whichever date is the later.

(8) The implementation authority must provide the Principal Reporter with a copy of the child’s plan upon its completion, together with any revised version of the plan which may from time to time be prepared by the authority, and a brief report setting out the circumstances of, and the reasons for, such revisal.