Children’s Hearings (Transmission of Information etc.) (Scotland) Regulations 1996

Temporary accommodation of child subject to supervision requirement

4.—(1) Where–

(a) a children’s hearing have made, continued or varied or inserted a requirement in a supervision requirement; and

(b) a child is required to reside in a residential establishment or other place specified in the requirement; but

(c) the relevant local authority are unable to make immediate arrangements for his reception in that establishment or place,

the relevant local authority may arrange for the child to be temporarily accommodated in some suitable place, other than that specified in the requirement, for any period not exceeding 22 days commencing on the date of the making, continuation or variation or insertion of a requirement in the requirement.

(2) If it appears to the relevant local authority that they will be unable to make the arrangements mentioned in paragraph (1)(c) above before the expiry of the period of 22 days specified, the authority shall, before that period has expired, refer the case of the child to the Principal Reporter under section 73(4) of the Act on the ground that the supervision requirement ought to be reviewed.

(3) Where the relevant local authority refer the case of a child to the Principal Reporter under paragraph (2) above–

(a) the Principal Reporter shall under section 73(8) of the Act arrange for a children’s hearing to review the supervision requirement as soon as is reasonably practicable and in any event within seven days of the date of receipt of the reference by the authority; and

(b) where the date of the sitting of the children’s hearing arranged by virtue of sub-paragraph (a) above occurs after the expiry of the period of 22 days mentioned in paragraph (1) above, that period shall be deemed to extend to the date on which the children’s hearing sits.