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

Prospective

47 Removal of relevant person status S

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

(2) After section 128, insert—

“Application for relevant person to cease to be such a person S

128A Application for relevant person to cease being such a person

(1) This section applies—

(a) where—

(i) a child (other than a child in relation to whom a compulsory supervision order has effect) has been referred to a children’s hearing or an application has been made to the sheriff in relation to such a child under section 69D or 69E,

(ii) no decision has been made as to whether a compulsory supervision order should be made in relation to the child, and

(iii) the referral has not been discharged, or

(b) where a compulsory supervision order has effect in relation to a child.

(2) The Principal Reporter—

(a) must refer the matter mentioned in subsection (3) for consideration by a children’s hearing on the request of a person mentioned in subsection (4),

(b) may refer that matter for consideration by a children’s hearing on the Principal Reporter’s own initiative.

(3) The matter is whether a relevant person in relation to the child (other than a person who has been deemed to be such a person by virtue of section 81(3), 160(4)(b) or 164(6)) should cease to be such a person.

(4) The persons are—

(a) the child,

(b) a relevant person in relation to the child (other than the relevant person in relation to the child mentioned in subsection (3)),

(c) a safeguarder appointed in relation to the child by virtue of section 30.

(5) Subsection (6) applies where a children’s hearing is satisfied (following the consideration required by a referral under subsection (2) or on the children’s hearing’s own initiative)—

(a) that a relevant person in relation to the child continuing to be such a person is likely to—

(i) cause serious harm to the child, and

(ii) infringe the child’s rights under (either or both)—

(A) Article 16 of the United Nations Convention on the Rights of the Child, or

(B) Article 8 of the European Convention on Human Rights, and

(b) that the relevant person in relation to the child ceasing to be such a person is the only way to avoid or sufficiently minimise such harm and infringement.

(6) The children’s hearing must direct the Principal Reporter to make an application to the sheriff to determine whether the relevant person in relation to the child should cease to be such a person.

(7) For the purposes of subsection (1), a compulsory supervision order in relation to a child has effect until—

(a) terminated, or

(b) if not terminated, expiry of the relevant period.

(8) In this section and section 128B—

• “European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950,

• “relevant period” has the meaning given by section 83(7),

• “United Nation Convention on the Rights of the Child” means the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.

128B Hearing and determination of application for relevant person to cease being such a person

(1) This section applies where an application is made to the sheriff by virtue of section 128A.

(2) Sections 103 and 104 apply in relation to the application as they apply in relation to an application to the sheriff under section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2).

(3) Subsection (4) applies where the sheriff is satisfied—

(a) that the relevant person in relation to the child to whom the application relates continuing to be such a person is likely to—

(i) cause serious harm to the child, and

(ii) infringe the child’s rights under (either or both)—

(A) Article 16 of the United Nations Convention on the Rights of the Child, or

(B) Article 8 of the European Convention on Human Rights, and

(b) that the relevant person in relation to the child ceasing to be such a person is the only way to avoid or sufficiently minimise such harm and infringement.

(4) The sheriff—

(a) must determine the application by making an order that the relevant person in relation to the child to whom the application relates is not, for the purposes mentioned in subsection (7), such a person for the period—

(i) beginning with the making of the order, and

(ii) ending as mentioned in subsection (8), and

(b) may specify steps that are to be taken by any subsequent children’s hearing held in relation to the child for the purpose mentioned in subsection (5) (for example, steps in relation to the notification of appropriate information in relation to the hearing or its outcome).

(5) The purpose is minimising the infringement of the rights of the person who has ceased to be a relevant person in relation to the child under Article 8 of the European Convention on Human Rights caused by the person ceasing to be such a person.

(6) In any other case, the sheriff—

(a) must dismiss the application, and

(b) may specify steps that are to be taken by any subsequent children’s hearing held in relation to the child to avoid or minimise any harm or infringement of the type mentioned in subsection (3)(a).

(7) The purposes are the purposes of Parts 7 to 14, 15 (other than sections 164A and 164B), 17 and 18 in so far as they relate to—

(a) any children’s hearing held in connection with the referral mentioned in section 128A(1)(a),

(b) the compulsory supervision order mentioned in section 128A(1)(b),

(c) any compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance made by—

(i) a hearing mentioned in paragraph (a) or (d),

(ii) the sheriff in any court proceedings falling within paragraph (f),

(d) any children's hearing held for the purposes of reviewing a compulsory supervision order falling within paragraph (b) or (c),

(e) any pre-hearing panel held in connection with a children's hearing mentioned in paragraph (a) or (d),

(f) any court proceedings held in connection with a hearing mentioned in paragraph (a) or (d),

(g) any court proceedings held in connection with an order or warrant falling within paragraph (b) or (c),

(h) the implementation of an order or warrant falling within paragraph (b) or (c).

(8) The period mentioned in subsection (4)(a) ends with—

(a) where the application to the sheriff was made by virtue of section 128A(1)(a)—

(i) the referral mentioned in that section being discharged, or

(ii) a compulsory supervision order made as a result of that referral ceasing to have effect by virtue of—

(A) being terminated, or

(B) expiry of the relevant period.

(b) where the application to the sheriff was made by virtue of section 128A(1)(b), the compulsory supervision order mentioned in that section ceasing to have effect by virtue of—

(i) being terminated, or

(ii) expiry of the relevant period.”.

(3) After section 164, insert—

“164A Appeal to Sheriff Appeal Court: determination of application for relevant person to cease being such a person

(1) A person mentioned in subsection (2) may appeal to the Sheriff Appeal Court against a determination of the sheriff under section 128B of an application under section 128A to determine whether a relevant person in relation to a child should cease to be such a person.

(2) The persons are—

(a) the person to whom the application under section 128A related,

(b) the child,

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

(d) a safeguarder appointed in relation to the child by virtue of section 30,

(e) two or more of the persons mentioned in paragraphs (a) to (c) acting jointly,

(f) the Principal Reporter.

(3) If satisfied that the determination to which the appeal relates is justified, the Sheriff Appeal Court—

(a) must confirm the determination, and

(b) may—

(i) where the application under section 128A was determined as mentioned in section 128B(4)(a), specify steps that are to be taken by any subsequent children’s hearing held in relation to the child for the purpose mentioned in section 128B(5),

(ii) where the application was dismissed, specify steps that are to be taken by any subsequent children’s hearing held in relation to the child to avoid or minimise any harm or infringement of the type mentioned in section 128B(3)(a).

(4) If not satisfied that the determination to which the appeal relates is justified, the Sheriff Appeal Court—

(a) must quash the determination, and

(b) where—

(i) the determination was to dismiss the application under section 128A—

(A) must make an order that the person to whom the application related is not, for the purposes mentioned in section 128B(7), a relevant person in relation to the child for the period mentioned in subsection (5), and

(B) may specify steps that are to be taken by any subsequent children’s hearing held in relation to the child for the purpose mentioned in section 128B(5),

(ii) where the application was determined as mentioned in section 128B(4)(a), may specify steps that are to be taken by any subsequent children’s hearing held in relation to the child to avoid or minimise any harm or infringement of the type mentioned in section 128B(3)(a).

(5) The period is the period—

(a) beginning with the making of the order, and

(b) ending as mentioned in section 128B(8)(a) or, as the case may be, (b).

(6) Steps specified under subsection (3)(b) may be in addition to or in place of steps specified by the sheriff under section 128B(4)(b) or, as the case may be, (6)(b).

(7) The Sheriff Appeal Court’s decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.

164B Appeal to Court of Session: appeal against determination of application for relevant person to cease being such a person

(1) A person mentioned in section 164A(2) may appeal to the Court of Session against a Sheriff Appeal Court’s decision in an appeal under section 164A(1) only—

(a) with the permission of the Sheriff Appeal Court, or

(b) if that Court has refused permission, with the permission of the Court of Session.

(2) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (1) only if the Court considers that—

(a) the appeal would raise an important point of principle or practice, or

(b) there is some other compelling reason for the Court of Session to hear the appeal.

(3) An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the decision appealed against is made.

(4) An appeal under this section may be made—

(a) on a point of law, or

(b) in respect of any procedural irregularity.

(5) A decision in an appeal under subsection (1) by the Court of Session is final.”.

Commencement Information

I1 S. 47 not in force at Royal Assent, see s. 70(2)