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The Children's Hearings System in Scotland 2003
Training Resource Manual 2nd edition
PART ONE
Section 2 Law and Procedure
No brilliance is needed in the law. Nothing but commonsense, and relatively clean fingernails.
(John Mortimer, Voyage Round My Father. 1971)
The child is a person and not an object of concern.
(Elizabeth Butler-Sloss, Cleveland Inquiry Report, 1987)
Contents
1 Introduction
2 Legal framework and best practice
3 The Children (Scotland) Act 1995
Structure of the Act
Fundamental principles of the Act
4 Children, parents and guardians
Parental responsibilities
Parental rights
People who hold parental responsibilities and rights
Applications for parental responsibilities and rights
Residence and contact orders
Consent to medical treatment
Instructing a solicitor
5 Promotion of children's welfare
Scope of Part II & III of the Act
Local authority duties
General purpose of children's hearings
6 Referral to the children's reporter
People who may refer a child
Initial investigations by the reporter
Grounds for referral
The reporter's decision
The referral process
Notification of a children's hearing
Documentation for the hearing
Confidentiality
7 Procedures for children's hearings
General duty of panel members
Privacy of proceedings
Attendance at hearings
Business meetings
Opening the hearing
Explaining grounds for referral
Consideration of the case
8 Decisions and reasons
The panel member's role
Principles for decision-making
Decisions open to the hearing
Conditions in supervision requirements
Communicating the decision and reasons
Duration and review of supervision requirements
Written reasons
Notification of decisions
Appeals
9 Different types of hearings
New grounds for referral
Review hearings
Remits from court
Advice hearings
Surrender to or execution of warrant
Renewal of a warrant
Emergency transfers
Suspension of supervision requirement pending an appeal
10 Emergency protection of children
Child protection order
Other orders
11 Warrants
Consideration of issue of warrants
Different types of warrants
12 Summary
13 Further reading
Appendices
1 The Rehabilitation of Offenders Act 1974
2 Principles of the Hearing Papers for Children Scheme
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