Children (Care, Care Experience and Services Planning) (Scotland) Act 2026

Prospective

41 Single member children’s hearings and pre-hearing panels S

(1) The Children’s Hearings (Scotland) Act 2011 is amended as follows.

(2) In section 4 (the Children’s Panel)—

(a) after subsection (1) insert—

“(1A) Persons appointed under subsection (1)—

(a) must include—

(i) ordinary members, and

(ii) chairing members, and

(b) may include specialist members of such types as the National Convener considers appropriate.”,

(b) in subsection (2)—

(i) for paragraph (a) substitute—

“(a) such number of—

(i) ordinary members,

(ii) chairing members, and

(iii) where the National Convener has decided to appoint specialist members of a particular type, that type of member,

as the National Convener considers appropriate is appointed, and”,

(ii) in paragraph (b), for “persons” substitute “both ordinary members and chairing members”.

(3) In section 5 (children’s hearing)—

(a) the words from “three members” to “enactment” become paragraph (a),

(b) after that paragraph insert “ , or

(b) one member of the Children’s Panel selected in accordance with section 6A for the purpose of carrying out functions which are—

(i) conferred on a children’s hearing by virtue of this Act or any other enactment, and

(ii) permitted by this Act or any other enactment to be carried out by one member of the Children’s Panel.”.

(4) After section 5, insert—

“5A Pre-hearing panel

A pre-hearing panel consists of—

(a) three members of the Children’s Panel selected in accordance with section 6 for the purpose of carrying out functions conferred on a pre-hearing panel by virtue of this Act, rules made under section 177 or any other enactment,

(b) one member of the Children’s Panel selected in accordance with section 6A for the purpose of carrying out functions which are—

(i) conferred on a pre-hearing panel by virtue of this Act, rules made under section 177 or any other enactment, and

(ii) permitted by rules made under section 177 or any other enactment to be carried out by one member of the Children’s Panel.”.

(5) In section 6 (selection of members of children’s hearing)—

(a) in subsection (1)—

(i) the words from “a children’s hearing” to “enactment” become paragraph (a),

(ii) after that paragraph insert “ , and

(b) either—

(i) the functions to be carried out by the children’s hearing consist of or include functions which are not permitted to be carried out by one member of the Children’s Panel, or

(ii) the National Convener is required to select three members of the Children’s Panel as members of the children’s hearing by virtue of section 6B(4)(b)(ii) or 6C(5)(b).”,

(b) in subsection (3), before paragraph (a), insert—

“(za) includes at least one chairing member,”,

(c) for subsection (4) substitute—

“(4) A children’s hearing is to be chaired by—

(a) the chairing member selected by the National Convener as a member of the children’s hearing, or

(b) where the children’s hearing includes more than one chairing member, the chairing member selected by the National Convener to chair the children’s hearing.

(4A) The National Convener must, in selecting the members of the children’s hearing (including, where subsection (4)(b) applies, the chairing member who is to chair the hearing)—

(a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child,

(b) so far as practicable, not select as the chairing member of a children’s hearing to be held in relation to a child a chairing member who has, following a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies.”,

(d) for subsection (5) substitute—

“(5) In this section—

• “children’s hearing” includes (except in subsection (4B)) a pre-hearing panel,

• “permitted”, in relation to a function to be carried out by a children’s hearing or a pre-hearing panel, means permitted by this Act, rules made under section 177 or, as the case may be, any other enactment.”.

(6) The section title of section 6 becomes “Selection of members of children’s hearing: three member hearing”.

(7) After section 6, insert—

“6A Selection of members of children’s hearing: one member hearing

(1) This section applies where—

(a) a children’s hearing requires to be arranged by virtue of, or for the purposes of, this Act or any other enactment,

(b) the functions to be carried out by the hearing consist solely of functions which are permitted to be carried out by one member of the Children’s Panel, and

(c) the National Convener is not required to select three members of the Children’s Panel as members of the children’s hearing by virtue of section 6B(4)(b)(ii) or 6C(5)(b).

(2) The National Convener must select one member of the Children’s Panel for the children’s hearing.

(3) The member of the Children’s Panel selected under subsection (2) must be a chairing member.

(4) The National Convener must, in selecting the member of the Children’s Panel for the children’s hearing—

(a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child,

(b) so far as practicable, not select as the member of a children’s hearing to be held in relation to a child a chairing member who has, following a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies.

(5) The National Convener must ensure that, so far as practicable, the member of the children’s hearing lives or works in the area of the local authority which is the relevant local authority for the child to whom the hearing relates.

(6) In this section—

• “children’s hearing” includes a pre-hearing panel,

• “permitted” has the same meaning as in section 6.

6B Selection of additional members of children’s hearing

(1) This section applies where—

(a) a children’s hearing is to be held in relation to a child by virtue of, or for the purposes of, this Act or any other enactment, and

(b) the children’s hearing consists of one member of the Children’s Panel selected by the National Convener in accordance with section 6A (“the selected chairing member”).

(2) The selected chairing member must, before the children’s hearing is held, determine whether subsection (3) applies.

(3) This subsection applies where the selected chairing member considers that, in the circumstances of the case, it is appropriate for the functions which are to be carried out by the children’s hearing to be carried out by a children’s hearing consisting of three members of the Children’s Panel.

(4) Where subsection (3) applies—

(a) the selected chairing member must notify the National Convener of that fact, and

(b) the National Convener must—

(i) select, in accordance with subsection (5), an additional two members of the Children’s Panel as members of the children’s hearing, or

(ii) where it is no longer practicable for the selected chairing member to chair the children’s hearing, select in accordance with section 6 three members of the Children’s Panel as members of the children’s hearing.

(5) The National Convener must ensure that the children’s hearing, so far as practicable—

(a) includes both male and female members of the Children’s Panel, and

(b) consists only of members of the Children’s Panel who live or work in the area of the local authority which is the relevant local authority for the child to whom the hearing relates.

(6) Where, following the selection of an additional two members of the Children’s Panel as members of the children’s hearing under subsection (4)(b)(i), the children’s hearing includes more than one chairing member, the children’s hearing is to be chaired by the selected chairing member unless the National Convener selects another chairing member to chair the hearing.

(7) The National Convener must, in selecting the additional members of the children’s hearing (including selecting which chairing member is to chair the children’s hearing)—

(a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child,

(b) so far as practicable, not select as the chairing member of a children’s hearing to be held in relation to a child a chairing member who has, following a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies.

(8) In this section, “children’s hearing” includes a pre-hearing panel.

6C Selection of members of children’s hearing: determination by previous children’s hearing

(1) This section applies where a children’s hearing is held in relation to a child.

(2) Where there is no subsisting determination that subsection (3) applies, the chairing member of the children’s hearing may, at the conclusion of the children’s hearing, make a determination as to whether subsection (3) applies.

(3) This subsection applies where the chairing member considers that, in the circumstances of the case, it is appropriate for the functions of any subsequent children’s hearing falling with subsection (4) which requires to be arranged in relation to the child to be carried out by a children’s hearing consisting of three members of the Children’s Panel.

(4) A children’s hearing falls within this subsection if the functions to be carried out by the children’s hearing consist solely of functions which are permitted to be carried out by one member of the Children’s Panel.

(5) Where the chairing member of the children’s hearing determines under subsection (2) that subsection (3) applies—

(a) the chairing member must, as soon as reasonably practicable after making the determination, notify the National Convener of that fact, and

(b) the National Convener must, in relation to any subsequent children’s hearing falling within subsection (4) which requires to be arranged in relation to the child, select in accordance with section 6 three members of the Children’s Panel as members of the children’s hearing.

(6) Where there is a subsisting determination that subsection (3) applies, the chairing member of any subsequent children’s hearing held in relation to the child may make a determination as to whether subsection (3) continues to apply.

(7) Where the chairing member of a subsequent children’s hearing determines under subsection (6) that subsection (3) no longer applies—

(a) the chairing member must, as soon as reasonably practicable after making the determination, notify the National Convener of that fact, and

(b) subsection (5)(b) ceases to apply.

(8) In this section—

• “children’s hearing” includes a pre-hearing panel, and

• “permitted” has the same meaning as in section 6.

6D Selection of members of children’s hearing: continuity of membership

(1) This section applies where—

(a) a children’s hearing (whether consisting of one member or three members of the Children’s Panel) is held in relation to a child, and

(b) the outcome of the children’s hearing is such that at least one subsequent children’s hearing will require to be held in relation to the child.

(2) The chairing member must, where subsection (3) applies, notify the National Convener of that fact as soon as reasonably practicable after the children’s hearing.

(3) This subsection applies where the chairing member considers that it would not be in the best interests of the child for the chairing member to be selected as the chairing member of any subsequent children’s hearings to be held in relation to the child.

(4) The chairing member must, in considering whether subsection (3) applies, have regard to any views expressed by the child.

(5) In this section, “children’s hearing” includes a pre-hearing panel.”.

(8) In section 79 (pre-hearing panels)—

(a) in subsection (2)(a), for the words from “three members” to “(a “pre-hearing panel”)” substitute “a pre-hearing panel”,

(b) subsection (6) is repealed.

(9) Before section 90, insert—

“89A Membership of grounds hearings

(1) A children’s hearing—

(a) arranged under section 69B, 69C or 69F for the purpose of deciding whether a compulsory supervision order should be made in respect of the child must consist of three members of the Children’s Panel,

(b) arranged under section 69C for the purpose of considering the statement of grounds may consist of—

(i) three members of the Children’s Panel, or

(ii) one member of the Children’s Panel,

(c) arranged under section 89B(5), 89C(8)(a) or 95(2) may consist of—

(i) three members of the Children’s Panel, or

(ii) one member of the Children’s Panel.

(2) In this Act, “grounds hearing” means a children’s hearing arranged by virtue of a provision mentioned in subsection (1).”.

(10) In section 91 (grounds accepted: powers of grounds hearing)—

(a) in subsection (1)(b), for “to make a decision on whether to make a compulsory supervision order” substitute “for a decision on whether to make a compulsory supervision order to be made”,

(b) after subsection (1) insert—

“(1A) Subsection (1B) applies where the grounds hearing consists of one member of the Children’s Panel.

(1B) The grounds hearing must require the Principal Reporter to arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

(1C) Subsections (2) and (3) apply where the grounds hearing consists of three members of the Children’s Panel.”.

(11) In section 92 (powers of grounds hearing on deferral), in subsection (1)—

(a) after “where” insert “—

“(a) under section 91(1B), the grounds hearing requires the Principal Reporter to arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child, or”,

(b) the words from “under section 91(2)” to the end become paragraph (b).

(12) In section 93 (grounds not accepted: application to sheriff or discharge), in subsection (1)(a), for “to make a decision on whether to make a compulsory supervision order” substitute “for a decision on whether to make a compulsory supervision order to be made”.

(13) In section 96 (children’s hearing to consider need for further interim compulsory supervision order), after subsection (2) insert—

“(2A) The children’s hearing may consist of—

(a) three members of the Children’s Panel, or

(b) one member of the Children’s Panel.”.

(14) In section 119 (children’s hearing following deferral or proceedings under Part 10), in subsection (1), for “section 91(2),” substitute “section 91(1B) or (2),”.

(15) In section 177 (children’s hearings: procedural rules)—

(a) in subsection (2), after paragraph (a) insert—

“(aa) specifying whether a matter that may be determined by a pre-hearing panel (whether by virtue of paragraph (a) or otherwise) may be determined by a pre-hearing panel consisting of one member of the Children’s Panel,”,

(b) in subsection (4), after “subsection (2)(a)” insert “, (aa)”.

(16) In section 202 (interpretation)—

(a) in subsection (1)—

(i) in the definition of “grounds hearing” for “section 90” substitute “section 89A(2)”,

(ii) in the definition of “pre-hearing panel” for “section 79(2)(a)” substitute “section 5A”,

(b) in subsection (2), after “are” insert “, where the children’s hearing consists of three members of the Children’s Panel,”,

(c) in subsection (2A), after “are” insert “, where the pre-hearing panel consists of three members of the Children’s Panel,”.

(17) In schedule 2 (the Children’s Panel), in paragraph 1—

(a) in sub-paragraph (1)—

(i) for “members” substitute “ordinary members, chairing members and (where the National Convener considers it appropriate) particular types of specialist members”,

(ii) for “as a member” substitute “as any type of member”,

(b) for sub-paragraph (2) substitute—

“(2) It is for the National Convener—

(a) to determine any qualifications and experience that a person must have in order to be appointed as—

(i) an ordinary member,

(ii) a chairing member, or

(iii) a specialist member of a particular type, and

(b) to appoint persons as ordinary members, chairing members and (where the National Convener considers it appropriate) particular types of specialist members from those recruited under sub-paragraph (1).”,

(c) in sub-paragraph (5), for “a panel member” substitute “an ordinary member, a chairing member or, as the case may be, a specialist member”.

Commencement Information

I1 S. 41 not in force at Royal Assent, see s. 70(2)