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

Procedure where children’s hearing to review secure accommodation authorisation

This section has no associated Policy Notes

95.—(1) This rule applies where a children’s hearing is to be held by virtue of regulation 9 of the Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (“the 2013 Regulations”).

(2) The children’s hearing must provide the following persons with the opportunity to make representations if they are present at the hearing:—

(a)the child;

(b)each relevant person;

(c)any appointed safeguarder;

(d)the chief social work officer who made the decision under regulation 4 or 7 of the 2013 Regulations; and

(e)the head of unit who made the decision under regulation 6 of the 2013 Regulations.

(3) Each member of the children’s hearing must state their decision in relation to the secure accommodation authorisation and the reasons for that decision.

(4) The chairing member must—

(a)confirm and explain the decision of the children’s hearing in relation to the secure accommodation authorisation;

(b)state the reasons for that decision; and

(c)inform the child, each relevant person and any safeguarder appointed of any applicable right to appeal the children’s hearing’s decision under section 154 (appeal to sheriff against decision of children’s hearing) of the Act within 21 days of that decision.