Children's Hearings (Scotland) Act 2011

Other appeals S

160 Appeal to sheriff against relevant person determination S

(1) A person mentioned in subsection (2) may appeal to the sheriff against—

[F1 (a) a determination of a pre-hearing panel or a children's hearing that an individual—

(i) is or is not to be deemed a relevant person in relation to a child,

(ii) is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,]

(b) a determination of a review under section 142(2) that an individual is to continue to be deemed, or no longer to be deemed, a relevant person in relation to a child.

(2) The persons are—

(a) the individual in question,

(b) the child,

(c) a relevant person in relation to the child,

(d) two or more persons mentioned in paragraphs (a) to (c) acting jointly.

(3) If satisfied that the determination to which the appeal relates is justified, the sheriff must confirm the determination.

(4) If not satisfied, the sheriff must—

(a) quash the determination, and

[F2 (b) where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—

(i) a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,

(ii) a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.]

(5) Where the sheriff makes an order under subsection (4)(b), section 81(4) applies to the individual as if a pre-hearing panel had deemed the individual to be a relevant person.

(6) An appeal under this section must be—

(a) made before the expiry of the period of 7 days beginning with the day on which the determination is made,

(b) heard and disposed of before the expiry of the period of 3 days beginning with the day on which the appeal is made.

Textual Amendments

F1 S. 160(1)(a) substituted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(8); S.S.I. 2014/353, art. 2(2)(3), Sch.

F2 S. 160(4)(b) substituted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(2), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

Commencement Information

I1 S. 160 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

161 Appeal to sheriff against decision affecting contact or permanence order S

(1) A person mentioned in subsection (2) may appeal to the sheriff against a relevant decision of a children's hearing in relation to a child.

(2) The person is an individual (other than a relevant person in relation to the child) in relation to whom—

(a) a contact order is in force regulating contact between the individual and the child,

(b) a permanence order is in force which specifies arrangements for contact between the individual and the child, or

(c) the conditions specified for the purposes of section 126(2)(b) are satisfied.

(3) A relevant decision is a decision under section 126(6) relating to a compulsory supervision order.

(4) If the sheriff is satisfied that the relevant decision is justified, the sheriff must confirm the decision.

(5) If not satisfied, the sheriff must vary the compulsory supervision order by varying or removing the measure contained in the order under section 83(2)(g).

(6) An appeal under this section must be—

(a) made before the expiry of the period of 21 days beginning with the day on which the relevant decision is made,

(b) heard and disposed of before the expiry of the period of 3 days beginning with the day on which the appeal is made.

Commencement Information

I2 S. 161 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

162 Appeal to sheriff against decision to implement secure accommodation authorisation S

(1) This section applies where a relevant order or warrant made in relation to a child includes a secure accommodation authorisation.

(2) A relevant order or warrant is—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(c) a medical examination order,

(d) a warrant to secure attendance.

(3) The child or a relevant person in relation to the child may appeal to the sheriff against a relevant decision in relation to the authorisation.

(4) A relevant decision is a decision by the chief social work officer—

(a) to implement the authorisation,

(b) not to implement the authorisation,

(c) to remove the child from secure accommodation.

(5) An appeal under subsection (3) may be made jointly by—

(a) the child and one or more relevant persons in relation to the child, or

(b) two or more relevant persons in relation to the child.

(6) An appeal must not be held in open court.

(7) The Scottish Ministers may by regulations make further provision about appeals under subsection (3).

(8) Regulations under subsection (7) may in particular—

(a) specify the period within which an appeal may be made,

(b) make provision about the hearing of evidence during an appeal,

(c) make provision about the powers of the sheriff on determining an appeal,

(d) provide for appeals to the [F3 Sheriff Appeal Court] and Court of Session against the determination of an appeal.

(9) Regulations under subsection (7) are subject to the affirmative procedure.

Textual Amendments

F3 Words in s. 162(8)(d) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, Sch. para. 7(3) (with art. 5)

Commencement Information

I3 S. 162 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3