Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 4 – Safeguarders

Section 33 – Functions of safeguarder

35.Section 31 relates to the functions of Safeguarders once appointed by a Children’s Hearing or sheriff. Subsection (1)(a) sets out the duty of a Safeguarder on appointment to provide a report, except in the circumstances set out in subsection (2), when a hearing directs the Principal Reporter to make an application to a sheriff for the establishment of grounds. Subsection (1)(b) provides that Safeguarders must attend all Children’s Hearings so far as is reasonably practicable. A hearing can also require a Safeguarder to prepare additional reports where they consider that appropriate under subsection (1)(c).