Part 1Children’s care system

Chapter 5Children’s hearings

Other changes

51Information about referral, availability of children’s advocacy services etc.

(1)

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

(2)

In section 60 (local authority’s duty to provide information to Principal Reporter), after subsection (3) insert—

“(4)

Where the local authority informs a child that the local authority has given the Principal Reporter information about the child under subsection (3), the local authority must also provide the child with information about—

(a)

what will happen in relation to the referral to the Principal Reporter,

(b)

the children’s hearing process,

(c)

the availability of children’s advocacy services, and

(d)

the availability of child-centred legal advice and representation.”.

(3)

In section 61 (constable’s duty to provide information to Principal Reporter), after subsection (3) insert—

“(4)

Subsection (5) applies where—

(a)

a constable—

(i)

gives the Principal Reporter information in relation to a child under subsection (2), or

(ii)

makes a report to the Principal Reporter under subsection (3), and

(b)

the constable informs the child about the giving of the information or, as the case may be, the making of the report.

(5)

The constable must also provide the child with information about—

(a)

what will happen in relation to the referral to the Principal Reporter,

(b)

the children’s hearing process, and

(c)

the availability of children’s advocacy services.”.

(4)

In section 64 (provision of information by other person), after subsection (2) insert—

“(3)

Where a health board informs a child that the health board has given the Principal Reporter information about the child under subsection (2), the health board must also provide the child with information about—

(a)

what will happen in relation to the referral to the Principal Reporter,

(b)

the children’s hearing process, and

(c)

the availability of children’s advocacy services.”.

(5)

In section 66 (investigation and determination by Principal Reporter), after subsection (6) insert—

“(7)

Where the Principal Reporter informs a child that the Principal Reporter is required by section 66(2) to make a determination in relation to the child, the Principal Reporter must also provide the child with information about—

(a)

what will happen in relation to the referral to the Principal Reporter,

(b)

the children’s hearing process, and

(c)

the availability of children’s advocacy services.”.

(6)

In section 122 (children’s advocacy services), in subsection (2), for “inform the child of the availability of children’s advocacy services” substitute “offer the child an opportunity to be referred to children’s advocacy services, if such a referral is not already in place”.

(7)

In section 202(1) (interpretation), at the appropriate place in alphabetical order, insert—

““children’s advocacy services” has the meaning given by section 122(7).”.