PART 9

Specific provision for arranging a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

Provision of information for a review hearing where section 136 (duty to initiate review where child transferred) of the Act applies
36
1
This rule applies where section 136 of the Act applies.
2
As soon as practicable before the beginning of the children's hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.
3
Those persons are—
a
the child;
b
each relevant person;
c
any appointed safeguarder;
ca
any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;
d
any other individual who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;
e
the three members of the children's hearing;
f
the National Convener.
4
As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 34 as is available.
4A
As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(ca)—
a
the information mentioned in rule 23A, and
b
any information (including information contained in a document) that—
i
the Reporter is required by these Rules to give to a relevant person, and
ii
is about—
aa
the individual,
bb
contact between the child and the individual, or
cc
how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.
4B
But paragraph (4A)(b) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).
5
As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 35 as is available.
6
As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.
7
Where the Reporter is required by these Rules to give a copy of a report or other document to the members of a children’s hearing before the hearing begins, the Reporter must also give a copy of the report or other document to—
a
the chief social work officer of the relevant local authority for the child, or
b
if the child is subject to a compulsory supervision order or an interim compulsory supervision order, the chief social work officer of the implementation authority.
8
Paragraph (7) does not require the Reporter to give the chief social work officer of an authority a copy of a report or other document prepared, or given to the Reporter, by the authority.
Rule 36(4A)(4B) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(b)
Rule 36(7)(8) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(c)
Rule 36(3)(ca) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(a)(i)
Words in rule 36(3)(d) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(a)(ii)