Part 13Review of compulsory supervision order
Requirement for review
I1132F3Right to require review: child, relevant person and person afforded opportunity to participate
1
This section applies where a compulsory supervision order is in force in relation to a child.
2
The child may by giving notice to the Principal Reporter require a review of the order.
3
A relevant person in relation to the child may by giving notice to the Principal Reporter require a review of the order.
F13A
An individual who is entitled to do so by subsection (6) may by giving notice to the Principal Reporter require a review of the order.
4
The order may not be reviewed—
a
during the period of 3 months beginning with the day on which the order is made,
b
if the order is continued or varied, during the period of 3 months beginning with the day on which it is continued or varied.
5
The Scottish Ministers may by regulations provide that, despite subsection (4), where the order includes a secure accommodation authorisation, the order may be reviewed during a period specified in the regulations.
F26
An individual is entitled to require a review under subsection (3A) if—
a
the Principal Reporter was satisfied at the relevant time, or
b
a pre-hearing panel or children's hearing determined,
that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it).
7
Where a children's hearing is arranged as a result (solely or partly) of an individual requiring a review under subsection (3A), the individual is to be treated as an individual whom a pre-hearing panel has determined meets the criteria to be afforded an opportunity to participate in relation to the children's hearing.
8
For the purposes of subsections (6) and (7)—
a
“the criteria to be afforded an opportunity to participate” means the criteria specified in rules under section 177 to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,
b
“the relevant time” means—
i
the time when the children's hearing referred to in subsection (6) began, or
ii
if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (c), the time when any one of them began,
c
if the children's hearing that most recently made a decision in respect of the order was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.