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

 Investigation and determination by Principal Reporter

Section 66 – Investigation and determination by Principal Reporter

69.This section provides for the Principal Reporter to investigate a child’s circumstances whenever the Principal Reporter considers that a child might be in need of protection, guidance, treatment or control. This includes, but is not limited to, circumstances where information is passed on to the reporter under section 43, section 60 to 64 or under section 43(5) of the Criminal Procedure (Scotland) Act 1995. The source of information may also include the reporter’s own files. The reporter must investigate and assess whether there is sufficient, relevant evidence to support the ground(s) for referral and whether compulsory measures of supervision are necessary for the child. If the reporter determines that both tests are satisfied, the reporter must refer the child to a hearing. The reporter may make further investigations as necessary and require the local authority to submit a report on the child.