Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
Chapter 3 Protection and supervision of Children
Preliminary and investigatory measures
56 Initial investigation by the Principal Reporter.
1
Where the Principal Reporter receives information from any source about a case which may require a children’s hearing to be arranged he shall, after making such initial investigation as he thinks necessary, proceed with the case in accordance with subsection (4) or (6) below.
2
For the purposes of making any initial investigation under subsection (1) above, the Principal Reporter may request from the local authority a report on the child and on such circumstances concerning the child as appear to him to be relevant; and the local authority shall supply the report which may contain such information, from any person whomsoever, as the Principal Reporter thinks, or the local authority think, fit.
3
A report requested under subsection (2) above may contain information additional to that given by the local authority under section 53 of this Act.
4
The Principal Reporter may decide, after an initial investigation under subsection (1) above, that a children’s hearing does not require to be arranged; and where he so decides—
a
he shall inform the child, any relevant person and the person who brought the case to his notice, or any of those persons, that he has so decided; F1. . .
b
he may, if he considers it appropriate, refer the case to a local authority with a view to their making arrangements for the advice, guidance and assistance of the child and his family in accordance with Chapter 1 of this Part of this ActF2; and
c
he may, where it appears to him that—
i
an education authority have a duty under section 14(3) of the Education (Scotland) Act 1980 (c. 44) in relation to the child; and
ii
the authority are not complying with that duty,
refer the matter to the Scottish Ministers.
4A
A reference made under subsection (4)(c) above shall be in writing.
4B
A copy of a reference made under subsection (4)(c) above shall be sent by the Principal Reporter to the education authority in respect of which the reference is made.
5
Where the Principal Reporter has decided under subsection (4) above that a children’s hearing does not require to be arranged, he shall not at any other time, on the basis solely of the information obtained during the initial investigation referred to in that subsection, arrange a children’s hearing under subsection (6) below.
C16
Where it appears to the Principal Reporter that compulsory measures of supervision are necessary in respect of the child, he shall arrange a children’s hearing to which he shall refer the case for consideration and determination.
C17
Where the Principal Reporter has arranged a children’s hearing in accordance with subsection (6) above, he—
a
shall, where he has not previously done so, request a report under subsection (2) above;
b
may request from the local authority such information, supplementary or additional to a report requested under subsection (2) above, as he thinks fit;
and the local authority shall supply that report, or as the case may be information, and any other information which they consider to be relevant.