Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 6 – Investigation and Referral to Children’s Hearing

Provision of information to Principal Reporter

Section 62 – Provision of information by court

65.This section provides for a court to refer a case to the Principal Reporter.

65.A court dealing with matters such as divorce, separation, parental responsibilities or parental rights, adoption, or proceedings against a parent for failing to secure regular attendance by his or her child at school, may, if the court considers that one or more grounds (except for offence grounds) for referral to a hearing might apply, refer the child to the reporter. The court must provide the reporter with a statement setting out which ground the court considers to be relevant and why. Where information is passed on to the reporter under this section, the reporter must investigate and assess whether compulsory measures of supervision is the best course of action for the child. If so, the reporter must arrange a hearing so that the grounds may be put to the child and relevant person.