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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

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Procedure at a children’s hearing arranged under section 96(2) (children’s hearing to consider need for further interim compulsory supervision order) of the Act

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73.—(1) This rule applies where a children’s hearing is held by virtue of section 96(2) of the Act.

(2) The chairing member—

(a)must inform those present of the substance of any relevant report or other relevant document;

(b)must take all reasonable steps to obtain the views of the child, each relevant person and any appointed safeguarder in relation to—

(i)any report, document or matter being considered by the hearing; and

(ii)what, if any, measures would be in the best interests of the child; and

(c)may invite any other person present at the hearing, as the children’s hearing considers appropriate, to express their views on, or provide any other information relevant to, any matter or action being considered by the hearing.

(3) Each member of the children’s hearing must—

(a)state their decision on any exercise of the power conferred by section 96(3) of the Act and the reason for that decision;

(b)where the decision is to make a further interim compulsory supervision order state the member’s decision and the reasons in relation to any measure to be included in the order.

(4) The chairing member must—

(a)confirm the decision of the children’s hearing;

(b)state the reasons for that decision; and

(c)subject to sections 73 (child’s duty to attend children’s hearing), 74 (relevant person’s duty to attend children’s hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform the child, each relevant person and any appointed safeguarder of the right to appeal the children’s hearing’s decision to make an interim compulsory supervision order, under section 154 (appeal to sheriff against decision of children’s hearing) of the Act within 21 days of that decision.

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