EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes changes to the gateways provided for in the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which allow an individual the right to participate in the children’s hearings process.
Section 126 of the 2011 Act provides a review mechanism in cases where the children’s hearing has made a contact direction as part of an order referred to in section 126(1)(a). Section 126(2)(b) provides that a review of the contact direction must take place if an individual makes a request claiming that conditions specified by the Scottish Ministers are met. Article 2 of this Order specifies the condition for the purposes of section 126(2)(b). As a result an individual who claims that they have or recently have had a significant involvement in the upbringing of the child may make the request for a review hearing under section 126.
Article 3 of the Order widens the definition of “relevant person” provided for at section 200 of the 2011 Act. All parents, except those who have had parental rights and responsibilities removed by virtue of an order of the court, will now fall within the definition of “relevant person”. In addition non-parents who have acquired parental responsibilities in Northern Ireland will also fall within this definition.