The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012

Scottish Statutory Instruments

2012 No. 54

Children And Young Persons

The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012

Made

21st February 2012

Laid before the Scottish Parliament

23rd February 2012

Coming into force

26th March 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 32(2) of the Children’s Hearings (Scotland) Act 2011(1) and all other powers enabling them to do so.

Citation and commencementS

1.  These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012 and come into force on 26th March 2012.

Commencement Information

I1Reg. 1 in force at 26.3.2012, see reg. 1

InterpretationS

2.  In these Regulations—

“the Act” means the Children’s Hearings (Scotland) Act 2011; and

[F1“the Practice Standards” means the Practice Standards for Safeguarders published by the Scottish Government in [F2February 2023];]

“the Safeguarders Panel” means the panel of persons established and maintained under section 32(1) of the Act.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 26.3.2012, see reg. 1

Recruitment and selection of members of the Safeguarders PanelS

3.—(1) The Scottish Ministers must make arrangements for the recruitment and selection of persons as members of the Safeguarders Panel.

(2) The Scottish Ministers must in particular, in such ways as they think fit, publicly advertise for persons to apply to become members of the Safeguarders Panel.

(3) The Scottish Ministers may in particular—

(a)invite nominations for persons as potential members of the Safeguarders Panel from such bodies or persons, other than CHS or SCRA, as they consider appropriate; or

(b)make nominations themselves for persons as potential members of the Safeguarders Panel.

Commencement Information

I3Reg. 3 in force at 26.3.2012, see reg. 1

Safeguarders under 2001 Regulations: recruitment to the Safeguarders PanelS

4.  The Scottish Ministers must inform all members of panels established under the Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001(2) of—

(a)the establishment of the Safeguarders Panel; and

(b)the arrangements for the recruitment and selection of persons as members of the Safeguarders Panel.

Commencement Information

I4Reg. 4 in force at 26.3.2012, see reg. 1

Appointment of members to, and disqualification from, the Safeguarders PanelS

5.—(1) It is for the Scottish Ministers to appoint persons as members of the Safeguarders Panel from those recruited and selected under regulation 3.

(2) The Scottish Ministers may only appoint persons as members of the Safeguarders Panel who—

(a)are capable of satisfying the key competencies; and

(b)have experience,

which the Scottish Ministers consider appropriate for safeguarders.

(3) The Scottish Ministers may only appoint persons as members of the Safeguarders Panel who have successfully completed such pre-appointment training under regulation 8 as Ministers think fit.

(4) A person is disqualified from appointment as a member of the Safeguarders Panel or from continuing as a member of the Safeguarders Panel, if the person is or becomes—

(a)a member of CHS;

(b)employed by CHS;

(c)a member of an area support team;

(d)a member of SCRA;

(e)employed by SCRA;

(f)a member of the Children’s Panel; or

(g)directly involved in the establishment, maintenance, operation or management of the Safeguarders Panel.

Commencement Information

I5Reg. 5 in force at 26.3.2012, see reg. 1

Barred personsS

6.  The Scottish Ministers must, on being notified that a person is barred from regulated [F3roles] with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007(3)—

(a)refuse to appoint that person as a member of the Safeguarders Panel; or

(b)where already appointed, remove that person from the Safeguarders Panel.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 26.3.2012, see reg. 1

Tenure of appointment and removal of membersS

7.—(1) The period for which a person is appointed as a member of the Safeguarders Panel is 3 years.

(2) The period for which a person is reappointed as a member of the Safeguarders Panel is to be determined by the Scottish Ministers but must be for a minimum of 1 year and a maximum of 3 years.

[F4(3) A person who is appointed as a member of the Safeguarders Panel may, at the end of their period of appointment or, as the case may be, reappointment, be reappointed as a member of the Safeguarders Panel only if the Scottish Ministers are satisfied that the person is fit to be a member of the Safeguarders Panel.

(4) The Scottish Ministers may remove a member from the Safeguarders Panel if at any point they consider that that person is not fit to be a member of the Safeguarders Panel.

(5) In assessing whether a person is fit to be a member of the Safeguarders Panel for the purpose of paragraph (3) or (4), the Scottish Ministers may in particular have regard to—

(a)the person’s conduct;

(b)whether the person has failed to comply with any requirement in that person’s letter of appointment or, as the case may be, reappointment; and

(c)whether the person has been able and willing to operate in accordance with the Practice Standards.]

Textual Amendments

Commencement Information

I7Reg. 7 in force at 26.3.2012, see reg. 1

Training of members and potential members of the Safeguarders PanelS

8.—(1) The Scottish Ministers must train, or make arrangements for the training of, members and potential members of the Safeguarders Panel.

(2) Such training may be—

(a)pre-appointment training for those potential members of the Safeguarders Panel who might be appointed to it following successful completion of that training; or

(b)continuing training for members of the Safeguarders Panel.

(3) Members of the Safeguarders Panel must attend and successfully complete continuing training [F5for members of the Safeguarders Panel].

Textual Amendments

Commencement Information

I8Reg. 8 in force at 26.3.2012, see reg. 1

Content of TrainingS

9.  The training of members and potential members of the Safeguarders Panel must include—

(a)the role and functions of safeguarders;

(b)the standards expected of safeguarders; and

(c)how safeguarders may best elicit the views of a child.

Commencement Information

I9Reg. 9 in force at 26.3.2012, see reg. 1

Payment of fees, expenses and allowances to members and potential members of the Safeguarders PanelS

10.—(1) The Scottish Ministers must pay fees to members of the Safeguarders Panel.

(2) The Scottish Ministers may pay expenses and allowances, as they think fit, to members and potential members of the Safeguarders Panel.

(3) The Scottish Ministers must publish the rates of fees, expenses and allowances payable to members and potential members of the Safeguarders Panel.

Commencement Information

I10Reg. 10 in force at 26.3.2012, see reg. 1

Operation and management of the Safeguarders PanelS

11.—(1) The Scottish Ministers must keep under review the operation and management of the Safeguarders Panel.

(2) In particular the Scottish Ministers must ensure that at all times the membership of the Safeguarders Panel is adequate for the purposes for which it is established.

(3) The Scottish Ministers must endeavour to ensure that the Safeguarders Panel includes persons from all local authority areas.

(4) The Scottish Ministers must monitor the performance of members of the Safeguarders Panel.

(5) Monitoring the performance of members of the Safeguarders Panel may include—

(a)assessing any report prepared by a safeguarder;

(b)recording the attendance of a safeguarder at children’s hearings or court proceedings under Part 10 or 15 of the Act;

(c)observing a safeguarder carrying out their functions, including at children’s hearings or court proceedings under Part 10 or 15 of the Act; and

(d)seeking the views of—

(i)a child in relation to whom a safeguarder was appointed;

(ii)a relevant person in relation to that child;

(iii)members of the Children’s Panel; F6...

(iv)the Principal Reporter;

[F7(v)the relevant local authority for the child; and

(vi)a sheriff] [F8; and

(e)assessing whether a safeguarder operates in accordance with the Practice Standards.]

(6) The Scottish Ministers must establish and publish procedures for complaints against—

(a)the operation and management of the Safeguarders Panel; and

(b)members of the Safeguarders Panel in the performance of their functions.

Textual Amendments

Commencement Information

I11Reg. 11 in force at 26.3.2012, see reg. 1

[F9Sharing of safeguarder reportsS

12.—(1) The Principal Reporter must provide to the Scottish Ministers any report of a type described in paragraph (2) held by the Principal Reporter which the Scottish Ministers request for the purpose of—

(a)monitoring the performance of a member of the Safeguarders Panel;

(b)investigating a complaint against a member of the Safeguarders Panel about the performance of that member’s functions; or

(c)auditing a request for payment of fees, expenses and allowances submitted by a member of the Safeguarders Panel.

(2) The reports referred to in paragraph (1) are reports prepared by a safeguarder—

(a)in accordance with the requirement in section 33(1)(a) or (c) of the Act; and

(b)such other reports as a safeguarder may provide to a children’s hearing or sheriff whether at the request of the children’s hearing or sheriff, or otherwise.]

Textual Amendments

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st February 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the establishment and maintenance of the Safeguarders Panel under section 32(2) of the Children’s Hearings (Scotland) Act 2011.

Regulation 3 places duties on the Scottish Ministers to make arrangements for the recruitment and selection of members of the Safeguarders Panel. Under regulation 4, members of the existing panels (in terms of the Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001) must be informed of those arrangements.

Regulation 5 sets out the criteria for appointment to membership of the Safeguarders Panel in terms of competence, experience and the completion of training requirements; it also specifies certain persons who are disqualified from membership. Regulation 6 provides that persons barred from regulated work with children cannot be members of the Safeguarders Panel. Regulation 7 makes provision concerning: the tenure of appointment to the Safeguarders Panel; reappointment; and removal from the Panel.

Under regulation 8 members and potential members of the Safeguarders Panel must be provided with training, and such training must be successfully completed. Regulation 9 specifies particular matters that training must be provided on.

Regulation 10 provides that: members of the Safeguarders Panels must be paid fees for their work as safeguarders; and members and potential members may be paid expenses and allowances.

Regulation 11 makes provision about reviewing the operation and management of the Safeguarders Panel. The Scottish Ministers must: ensure adequate membership of the Panel; try to have members from all council areas; monitor the performance of members; and establish a complaints procedure.

(2)

S.S.I. 2001/476, as amended by regulation 4 of the Curators ad Litem and Reporting Officers (Panels) and the Panels of Persons to Safeguard the Interests of Children (Scotland) Amendment Regulations 2011 (S.S.I. 2011/320).