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

Prospective

43 Child’s attendance at children’s hearings and hearings before sheriff S

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

(2) In section 73 (child’s duty to attend hearing)—

(a) for subsection (2) substitute—

“(2) The child must attend all or part of the children’s hearing if required to do so by—

(a) that children’s hearing, or

(b) a previous children’s hearing or pre-hearing panel held in relation to the child.”,

(b) for subsection (3) substitute—

“(3) A children’s hearing may require a child to attend all or part of the children’s hearing only if satisfied that the child’s attendance at the hearing, or that part of the hearing, is necessary—

(a) for a fair hearing, or

(b) to assist the children’s hearing in making any decision relating to the child.

(3A) In deciding whether to require a child to attend all or part of a children’s hearing, the children’s hearing must have regard, in particular, to whether—

(a) the child’s attendance at the hearing, or that part of the hearing, would place the child’s health, safety or development at risk, and

(b) taking account of the child’s age and maturity, the child would be capable of understanding what happens at the hearing or that part of the hearing.”,

(c) subsection (4) is repealed.

(3) The section title of section 73 becomes “Child’s duty to attend children’s hearing where required”.

(4) In section 78 (rights of certain persons to attend children’s hearing), in subsection (1)(a), for “excused from attending” substitute “required to attend”.

(5) In section 79 (referral of certain matters for pre-hearing determination)—

(a) in subsection (3)(a), for “excused from attending” substitute “required to attend all or part of”,

(b) in subsection (4), for the words from “excuse the child” to the end substitute “require the child to attend all or part of a children’s hearing only if satisfied (having regard to the matters mentioned in section 73(3A)) as mentioned in section 73(3).”.

(6) In section 93 (grounds not accepted: application to sheriff or discharge) in subsection (4), for paragraphs (a) and (b) substitute—

“(a) explain the purpose of the application—

(i) where the child is in attendance at the hearing, to the child, and

(ii) (subject to sections 74 and 75) each relevant person in relation to the child,

(b) where the child is in attendance at the hearing, inform the child that the child—

(i) has a right to attend the hearing before the sheriff, and

(ii) may be required to do so.”.

(7) In section 95 (child fails to attend grounds hearing) for subsection (1) substitute—

“(1) Subsection (2) applies where—

(a) a child is required to attend all or part of a grounds hearing, and

(b) the child does not attend as required.”.

(8) The section title of section 95 becomes “Child’s attendance at grounds hearing”.

(9) In section 103 (child’s duty to attend hearing unless excused)—

(a) in subsection (2), for the words from “the hearing” to the end substitute “all or part of the hearing of the application if required to do so by the sheriff”,

(b) for subsection (3) substitute—

“(3) The sheriff may require the child to attend all or part of the hearing of the application only if satisfied that the child’s attendance at the hearing, or part of the hearing, is necessary—

(a) for a fair hearing, or

(b) to assist the sheriff in making any decision relating to the child.

(3A) In deciding whether to require a child to attend all or part of a hearing, the sheriff must have regard, in particular, to whether—

(a) the child’s attendance at the hearing, or that part of the hearing, would place the child’s health, safety or development at risk, and

(b) taking account of the child’s age and maturity, the child would be capable of understanding what happens at the hearing or that part of the hearing.”,

(c) in subsection (4), for “excused from doing so under subsection (3)” substitute “not required to do so under subsection (2)”,

(d) in subsection (5), for “not excused” to “does not attend” substitute “required to attend all or part of the hearing under subsection (2) and does not do so”,

(e) in subsection (6)(b)—

(i) after “the sheriff” insert—

“(i) requires the child to attend all or part of the hearing on that day under subsection (2), and”,

(ii) the words from “is satisfied” to the end become sub-paragraph (ii).

(10) The section title of section 103 becomes “Child’s duty to attend hearing where required”.

(11) In section 112 (child’s duty to attend review hearing unless excused)—

(a) in subsection (2), for the words from “the hearing” to the end substitute “all or part of the hearing if required to do so by the sheriff.”,

(b) after subsection (2) insert—

“(2A) Subsections (3) and (3A) of section 103 apply for the purposes of subsection (2) as they apply for the purposes of subsection (2) of that section.”,

(c) in subsection (3), for “the child is excused” substitute “the child is not required to do so”,

(d) for subsection (4) substitute—

“(4) The sheriff may grant a warrant to secure attendance where the sheriff—

(a) requires the child to attend all or part of the hearing under subsection (2), and

(b) is satisfied that there is reason to believe that the child would not otherwise attend the hearing.”.

(12) The section title of section 112 becomes “Child’s duty to attend review hearing where required”.

(13) In section 119 (children’s hearing following deferral or proceedings under Part 10), in subsection (4), paragraph (a) is repealed.

(14) In section 121 (confirmation that child given opportunity to express views before hearing), in subsection (1)—

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

(b) after that paragraph insert “ , and

(b) the child is in attendance at the children’s hearing.”.

(15) In section 122 (children’s advocacy services), in subsection (1)—

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

(b) after that paragraph insert “ , and

(b) the child is in attendance at the children’s hearing.”.

(16) In section 124 (requirement to establish child’s age), in subsection (2), for “ask the person in respect of whom the hearing has been arranged” substitute “, if the person in respect of whom the hearing has been arranged is in attendance at the hearing, ask the person”.

(17) In section 138 (powers of children’s hearing on review)—

(a) in subsection (8)(a)—

(i) the words “child or” are repealed,

(ii) the word “73(2),” is repealed,

(b) in subsection (9), the words “child or” are repealed.

Commencement Information

I1 S. 43 not in force at Royal Assent, see s. 70(2)