Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 13 – Review of Compulsory Supervision Order

Functions of Principal Reporter and children’s hearing

Section 141 – Preparation of report in circumstances relating to permanence order or adoption

204.This section relates to the review hearing that must be arranged when the local authority or adoption society intend to place a child for adoption or the local authority intend to apply for an order freeing the child for adoption or to apply for a permanence order, or where they become aware that someone intends to apply to adopt the child. Subsection (2) provides that the hearing that carries out the review must prepare a report (in a form determined by the Scottish Ministers) to provide advice in respect of the proposed application or adoption to the implementation authority and any court which may require to make a decision on the application or adoption. Subsection (4) provides that when a court considering a permanence order or an adoption order receives the report prepared by the Children’s Hearing, it has a duty to have regard to the advice in the report under subsection (2) before coming to any decision relating to the application.