(This note is not part of the Regulations)
These regulations amend The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012 (“the 2012 Regulations”).
Regulation 4 amends the provisions in the 2012 Regulations regarding reappointment to and removal from the Safeguarders Panel (“the Panel”). A member of the Panel may only be reappointed by Scottish Ministers if they are satisfied that the person is fit to be a member of the Panel. In making this decision, Scottish Ministers may have regard to the person’s conduct, whether the person has failed to comply with any requirement in their letter of appointment or reappointment and whether the person has been able and willing to operate in accordance with the Practice Standards for Safeguarders. Scottish Ministers are given the power to remove a member if, at any point, they consider that the person is not fit to be a member of the panel.
Regulation 5 provides that members of the Panel must attend and successfully complete continuing training.
Regulation 6 amends the existing procedures for monitoring the performance of safeguarders to provide that Scottish Ministers may consult with the local authority and a sheriff. In addition, it is provided that Scottish Ministers may assess whether a safeguarder operates in accordance with the Practice Standards for Safeguarders.
Regulation 7 amends the 2012 Regulations so as to provide that any report prepared by a safeguarder which is held by the Principal Reporter must, at the request of the Scottish Ministers, be provided to Scottish Ministers for the purpose of monitoring performance, investigating complaints and auditing requests for payment of fees, expenses and allowances.
Regulation 8 contains a savings provision about how these amendments are to apply to existing members of the Panel whose appointment is due to expire by the end of 2016.
The Practice Standards for Safeguarders are available at http://www.gov.scot/Topics/People/Young-People/protecting/childrens-hearings. Copies can be obtained from the Children’s Hearings Team, Care and Justice Division, Scottish Government, Area 2B (North) Victoria Quay, Leith, Edinburgh, EH6 6QQ.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.