http://www.legislation.gov.uk/asp/2026/16/section/46Children (Care, Care Experience and Services Planning) (Scotland) Act 2026enStatute Law Database2026-06-09Expert Participation2026-05-16
Part 1Children’s care systemChapter 5Children’s hearingsRelevant personsRelevant person’s right to require review of compulsory supervision order
46
1
The Children’s Hearings (Scotland) Act 2011 is amended as follows.
2
In section 79 (referral of certain matters for pre-hearing determination), in subsection (2), after paragraph (ba) insert—
baa
must refer for determination by a pre-hearing panel the matter of whether a request made by a relevant person in relation to a child for the Principal Reporter to initiate a review of a compulsory supervision order under section 132(3ZA) is frivolous or vexatious,
.
3
After section 81A, insert—
Determination that review request by relevant person is frivolous or vexatious
81AA
1
Subsection (2) applies where the Principal Reporter has referred to a meeting of a pre-hearing panel the matter of whether a request made by a relevant person in relation to a child for the Principal Reporter to initiate a review of a compulsory supervision order under section 132(3ZA) is frivolous or vexatious.
2
The pre-hearing panel must discharge the children’s hearing that is to be arranged as a result of the request if—
a
there is no reason for the children’s hearing to be arranged besides the request from the relevant person, and
b
the pre-hearing panel determines that the request is frivolous or vexatious.
.
4
In section 132 (right to require review)—
a
in subsection (3), at the beginning insert “Except where subsection (3ZB) applies,”,
b
after subsection (3), insert—
3ZA
Where subsection (3ZB) applies, the Principal Reporter must initiate a review of the compulsory supervision order if requested to do so by the relevant person mentioned in paragraph (a) of that subsection.
3ZB
This subsection applies where—
a
a children’s hearing has previously taken place by virtue of a relevant person in relation to the child requiring a review of the order under subsection (3),
b
the chairing member of the children’s hearing made a determination at the conclusion of the hearing that the requiring of the review was frivolous or vexatious, and
c
that determination has not been revoked.
3ZC
A determination mentioned in subsection (3ZB)(b) may be revoked by any subsequent children’s hearing (including a pre-hearing panel) which takes place in relation to the child.
,
c
in subsection (4), in the opening words, after “reviewed” insert “by virtue of subsection (2), (3), (3ZA) or (3A)”.
S. 46 not in force at Royal Assent, see s. 70(2)