The Scottish Government

« Previous | Contents | Next »

Listen

The Children's Hearings System in Scotland 2003
Training Resource Manual 2nd edition

7 PROCEDURES FOR CHILDREN'S HEARINGS

General duty of panel members

The chairman of the hearing and the other panel members have a legal obligation to follow the procedures laid down by the Act and the Rules. In addition to these legal duties, however, there are other steps in the conduct of a hearing which may be regarded as best practice to help children and families to understand and take part in the proceedings.

The chairman has a degree of discretion over who should be admitted to the hearing and the exact order of the proceedings, but must nevertheless ensure that all the legal requirements are fulfilled and the child and family informed of their rights. Rule 10(3)

The chairman of a children's hearing may, at any time during the discussion of the case, adjourn the hearing provided that the hearing sits again on the same day as the adjournment was made. Rule 10(4)

Privacy of proceedings

A children's hearing is conducted in private. No-one should be present unless they need to be there for the 'proper consideration of the case' or else their attendance is permitted by the chairman of the hearing, who has a duty to restrict the number of people present at any one time. This can be quite difficult to achieve in a complex case where it may be necessary to hear from a number of different parties who may assist the decision-making process but panel members should consider prior to the hearing how this will be managed and who needs to be in the hearing at any particular time, and for how long. s43(1) & (2)

The publication of information about proceedings at a children's hearing is prohibited if it is intended that publication will, or is likely to, lead to the identity of the child being revealed, or the address or school of the child. s44(1)

This requirement may only be lifted by a sheriff in any proceedings before him, by the Court of Session when it is considering an appeal (under s51(11) of the Act), or by Scottish Ministers, and then only to an extent that is considered to be appropriate. s44(5)

Attendance at hearings

The law distinguishes between people who have a right and duty to attend the hearing and those whose attendance may be permitted by the chairman of the hearing (usually in consultation with the other two panel members). A third category covers those people whose attendance would be expected although they have no statutory right to be present.

People who have a right and duty to attend

Panel members

The Act stipulates that there must be a chairman and two panel members present at a hearing with both a male and a female present. s39(5)

It is the responsibility of the authority panel chairman to ensure that this requirement is carried out and to determine some method of deciding who will chair the hearing. This method varies from panel to panel. Rule 10(1)

When cases are continued, it may be beneficial for one of the panel members to be present at the continued hearing to ensure that relevant issues that were considered by the previous hearing are picked up. This will normally be arranged in accordance with local practice.

If panel members find on receiving papers for a hearing that they are acquainted with the child and/or a member of the family, the chairman of the panel should be consulted about the best course of action. Depending on the circumstances it may be that the panel member will be replaced by another panel member for that particular hearing. This is an issue not only about impartiality but also about possible embarrassment to the child or relevant person(s).

If a panel member recognises the family at the hearing he/she must declare this at the outset. The hearing should allow a brief adjournment so that the family may consider the matter in private. The views of the family should be taken into account. The hearing may proceed if it is necessary to safeguard the best interests of the child but the reason should be recorded.

Child

The child has a right as well as an obligation to attend all the stages of his or her hearing. s45

However, a hearing may decide to release the child from this obligation if:

• the case concerns an offence mentioned in Schedule 1 of the Criminal Procedure (Scotland) Act 1995 and the child's attendance is not necessary for the just hearing of the case
• in any case where it is considered it would be detrimental to the interests of the child to be present at the hearing of the case.

If the hearing decide that the attendance of the child is not necessary, the reporter must still notify the child in writing of his or her right to be present. Rule 6(3)

If the child exercises the right to attend, he or she cannot be excluded from any part of the hearing. s45(1)(a)

The reporter has a duty to secure the attendance of a child at the hearing, and any subsequent hearing. s45(3)

If the reporter wishes to seek advice from a hearing on possible dispensation of attendance, a business meeting must be called in advance of the hearing. The decision of the business meeting is not binding on the actual hearing considering the child's case. If the child is not present and the hearing feels the presence of the child is required in order to reach a decision, the case may be continued to another occasion when the child will attend. On occasion, special management arrangements may need to be made to protect the child from encountering a particular person or persons, and the hearing may need to be conducted in stages.

If the child refuses to attend the hearing, or is prevented from doing so, steps can be taken to ensure the child's presence. ( See Warrants below.) s45(4)

Relevant person

A relevant person has a right to attend all the stages of the hearing in relation to his or her child and must be notified that it is taking place. This right is also a duty. If the hearing is satisfied that it would be unreasonable or unnecessary for the relevant person to be present then the obligation to attend may be dispensed with. The reasons for the decision to do so should be recorded. s45(8)

This is a matter which may also be considered by a business meeting.

A relevant person may be excluded from any part or parts of the hearing for as long as it is in the interests of the child if the hearing are satisfied that:

• they must do so in order to obtain the views of the child. It may be that there is a conflict of interests, or the child will not talk in front of the relevant person, or it may be that the relevant person is answering for the child
• if his or her presence is causing or is likely to cause significant distress to the child. s46(1)

After the exclusion has ended, the chairman of the hearing must explain to the relevant person the substance of what has taken place in his or her absence. s46(2)

The chairman should ensure that the child understands that a summary will be given to the relevant persons when they return to the hearing. It is best practice to go through the summary with the child before the relevant person returns.

Business meetings s64 and Rule 4

Business meetings will be arranged by the reporter to:

• consider procedural matters set out in Rule 4(2)
• obtain direction or guidance relating to the performance of his or her duties in relation to the proceedings.

Procedural matters may include:

• releasing a child, in specified circumstances, from obligation to attend a hearing
• releasing relevant person(s), in specified circumstances, from obligation to attend
• determining who is a relevant person for the purpose of notification.

Three panel members come together for a business meeting as they would for a hearing. A reporter is also in attendance.

Arrangements for business meetings (for which notification will be given in writing four working days before the date of the meeting) include:

• notification to the panel members (who do not need to be those who will be on the hearing) of the date, time and place of the business meeting
• notification to the child, relevant persons, safeguarder (if appointed) of the date of the business meeting
• provision to the panel members, the child, the relevant persons and any safeguarder of notice of matters to be determined, a copy of any relevant documents or information, a copy of the grounds for referral
• advice to the child, relevant persons and any safeguarder of their right to make their views of the matters known to the reporter either orally or in writing (oral views will be written up by the reporter), that the reporter will make these views known to the business meeting, that copies of the views will be given to the panel members, child, relevant persons and any safeguarder.

Before making any determination or giving advice, the business meeting will consider any views received. The determination or decision of a business meeting is not binding on the actual hearing which should formally consider the question of attendance of the child and/or relevant persons. A copy of the determination or advice will be sent to the child, relevant persons, any safeguarder and any legal representative, if appointed.

An additional purpose of a business meeting may be to consider the appointment of a legal representative. This might be appropriate if the child may be deprived of his or her liberty (that is, be placed in secure accommodation) or if there are matters of legal complexity to be considered which the child may not understand and which would mean that the child could not participate effectively in the hearing. The decision to appoint a legal representative is binding on a subsequent hearing.

The interim scheme to provide state-funded legal representation for children in hearing, in limited circumstances, arises from the decisions of the Court of Session in the case of S v Principal Reporter and Lord Advocate. The Children's Hearings (Legal Representation)(Scotland) Rules 2002

People who should attend a hearing

The reporter

The reporter has a duty to keep a report of the proceedings of the hearing and therefore is normally present at all stages of a hearing. Rule 31

Responsibility for the procedural management of the hearing rests with the chairman of the hearing. However, the reporter has a role in supporting fair process without undermining either the decision-making function of the hearing, or the specific role of the chairman. At every stage in the hearing the reporter should alert the chairman to any procedural or human rights requirements that appear to have been omitted or carried out irregularly.

Social worker

A social worker will usually attend the hearing. If in exceptional circumstances a social worker is not present the hearing may proceed in his or her absence. It may be, however, that in these circumstances it may not be possible to reach a decision.

People who have a statutory right to attend

A safeguarder

A safeguarder is appointed to safeguard the interests of the child in the proceedings and has a right to attend all the stages of a children's hearing, including proof hearings in court - if appointed by the sheriff - continued children's hearings and appeals to the sheriff. Once a decision on disposal has been taken, and any appeal process has been completed, the safeguarder does not have the right to attend review hearings, unless re-appointed for that purpose. s41, Rule 14(3)

A legal representative appointed either by a business meeting or hearing

A legal representative can be appointed by a business meeting or hearing. The legal representative may not be excluded. The legal representative may attend the hearing even if the child has been excused from attending.

Representative of child and relevant person

A child and each relevant person has a right to be accompanied by one person to represent him or her at the hearing. Rule 11(1)

This person may be a friend or relative or a lawyer, or any other person. Lawyers have the same status as other representatives. There is no entitlement to legal aid for representation at a hearing, although families may seek legal advice before a hearing is convened. Any representative attending the hearing shall assist the child or relevant person whom he or she is representing, in the discussion of the case. Rule 11(2)

The representative of a relevant person may be excluded from part or parts of the hearing, (with or without the relevant person) for the same reasons as the relevant person. s46(1)

The chairman of the hearing has a duty to explain the substance of what has taken place in the representative's absence after the period of exclusion has ended. s46(2)

The legislation does not refer to exclusion of the child's representative: this has been taken to imply that the child's representative may not be excluded. If there were, for example, a difficulty about the child's representative's behaviour, the chairman of the hearing would explain the difficulty of proceeding and might suggest a brief adjournment. The child may be accompanied to a hearing by both a legal representative and a representative.

Members of the Scottish Committee of the Council on Tribunals

A member of the Scottish Committee of the Council on Tribunals has a right to be present as an observer. s43(3)(a)

Any information or documents which the reporter makes available to the members of the hearing shall be given, on request, to the member of the Council on Tribunals attending the hearing. Rule 5(6)

The press

'Bona fide' representatives of a newspaper or news agency have a right to attend hearings as observers. s43(3)(b)

They are not allowed to publish any information which would lead to a child being identified.

This includes the child's address and name of the child's school. s44

A hearing may exclude a member of the press from part or parts of the hearing if they believe that it is necessary to do so in the interest of the child in order to obtain the child's views or where the presence of that person is causing or likely to cause significant distress to the child. s43(4)

What constitutes 'significant distress' has not been defined and would therefore appear to be a matter within the discretion of the chairman of the hearing.

After the exclusion has ended, a chairman may, but is not obliged to, explain to the member of the press the substance of what has taken place in their absence. s43(5)

A police officer or a prison officer

A police officer or a prison officer is entitled to be present at a hearing if he or she has in custody a person who has to be at the hearing. Rule 12(2)

It may be necessary for security purposes for the person escorted to be held in handcuffs for security purposes. This cannot be overruled by the hearing.

Unmarried father of a child who is living with the mother

The father of a child who is not married to the mother but is living with her and does not have charge of or control of the child, may attend hearings and receive documentation. He is not a relevant person. This may arise when the child is living elsewhere, either on a voluntary basis or in terms of a condition in a supervision requirement. The father will not, therefore, have the right to accept or deny grounds for referral or to appeal the hearing's decision He may be excluded under the same circumstances as a relevant person. Rules 5(3)(b) & 12(1)

People who may attend at the discretion of the chairman Rule 13(a)-(d)

There are various other people who may attend hearings. They fall into two categories: those who attend as participants and those who are present as observers. The guiding principle in exercising this discretion is that the numbers attending be kept to a minimum, remembering that the essential character of the hearing is to be as informal as the circumstances permit, non-intimidating and private.

In addition, when deciding whether to allow the attendance of participants, consideration has to be given to the question: is their presence necessary in order to obtain information to reach a decision in the best interests of the child? Or, are they observing for a specific purpose?

People in this category may include the child's present carers, including relatives, family friends or foster carers (unless the foster carers have relevant person status).

Other professionals working with the child

Other persons working closely with the child, for example, a teacher, psychologist, may have prepared a report for the hearing and will usually be invited to attend a hearing. They do not have a right to be there and the chairman has discretion to restrict their attendance to the part of the hearing which deals with their own reports.

CPAC members and clerk to CPAC

CPAC members may attend hearings as observers to monitor the performance of panel members. As with others with discretionary rights of attendance, the final decision in this regard rests with the chairman of the hearing.

Any information or documents which the reporter makes available to the members of the hearing shall be given, on request, to the member of the CPAC attending the hearing. The documents must be returned to the reporter at the end of the hearing. Rule 5(7)

Trainee panel members and others

Trainee panel members observe children's hearings as part of the compulsory pre-service induction course. The norm is three sessions of hearing observations. The Rules do not permit papers to be sent to trainee panel members in advance of an observation session although they are usually permitted to read the papers about half an hour in advance of the final observation.

The chairman may also admit children's panel training organisers, social work students, people engaged in research relating to children who may be in need of compulsory measures of supervision, and anyone who the chairman believes has a legitimate interest or justification to attend.

The reporter will normally inform the panel members who has been invited to attend the hearing and who has arrived. This enables the chairman to check who is entitled to be present. It may be that the chairman will ask that some people (for example, teachers and other professionals) remain in the waiting-room until an appropriate point in the hearing.

Summary of entitlement to attend children's hearings

Beginning the hearing

Panel members prepare thoroughly on their own in advance of the hearing. In the pre-hearing phase together they consider procedural issues but not those of substance. This is dealt with in the section on The Panel Member and the Hearing.

The opening stages of a hearing set the tone for what follows. A range of legal duties fall upon the chairman but the other two panel members can make a contribution with a pleasant greeting and active listening. If the opening stage is handled poorly, the whole hearing may be affected.

Introductions

When the family comes into the hearing room, the chairman should introduce him or herself and the others present, at the same time explaining each person's function. This will include introducing any observers present and explaining why they are present. The chairman should explain that each person present is aware that the proceedings are private and that confidentiality must be respected.

The chairman must check the age of the child to find out whether the child is a child within the meaning of the legislation. (It is not necessary to ask for the child's date of birth unless there is any uncertainty about the accuracy of the information). ss47(1)&93(2)

The reporter is obliged to keep a record of the hearing which will include the addresses of the child, the relevant persons and certain other parties. Rule 31(2)

Although the chairman is not obliged to check addresses, if there is any uncertainty about the accuracy of the information in the papers, it would advisable for this to be clarified. This is to enable the reporter to keep an accurate record of the proceedings. However, this should not be done if there is a condition on a warrant or supervision requirement withholding disclosure of the child's address.

If relevant person is not present

If for whatever reason a relevant person is not present, the Act makes provision for the hearing to proceed without him or her. The hearing should ask the reporter whether the relevant person was properly notified and knew about the hearing. s65(10)

The reporter may be aware of circumstances which would make attendance difficult or impossible - for example, that the relevant person is very unwell, is in hospital or is caring for someone who is ill.

If the obligation of attendance of a relevant person has been dispensed with by a business meeting, the hearing must consider the matter afresh and formally dispense with the relevant person's attendance.

However, if the panel members consider that the relevant person's presence is essential to the decision, the hearing may be continued to a later date to allow that person to attend. Panel members would need to consider whether it is in the best interests of the child to do so, remembering that a relevant person cannot be compelled to attend. Panel members must weigh up very carefully the risks of delay against the value of a decision without the benefit of the relevant person's view of the situation, or of the possible course of action, to be decided. Relevant persons are entitled to appeal against the decision, even if not present at the hearing.

A relevant person who has been notified and fails to attend for no good reason may be prosecuted and fined in the sheriff court but this happens very rarely . s45(9)

If child is not present

If a child has failed to attend the hearing (or may have been prevented from doing so) and has not been released from his or her obligation to attend, the hearing may issue a warrant for the child to be found, kept in a place of safety and brought to a hearing. s45(5)

Explaining the purpose of the hearing

Unless a children's hearing consider the case of a child in the absence of the child, any relevant person and any representative, the chairman has a duty to explain the purpose of the hearing before the hearing proceeds to consider the case. Rule 20(2)

Obviously such an explanation will vary depending on the circumstances. A child and family appearing before a hearing for the first time may need more of an explanation and if it is a very young child then any explanation must be in language that can be readily understood. The substance of the explanation would be that it is the duty of the hearing to consider whether the child is in need of compulsory measures of supervision and that these measures involve the appropriate protection, guidance, treatment or control of the child according to the circumstances which face him or her.

It is good practice that any explanation, should include:

• what a hearing is
• the purpose of this particular hearing
• why the child and relevant persons have been summoned to attend
• what reports have been received and will be used as a basis for discussion
• that the child's views are particularly important
• that the child's welfare will be the main consideration in reaching a decision
• that they should question anything they disagree with or don't understand
• that they should feel free to participate in the discussion.

Appointment of a safeguarder

In every case the panel members must consider whether they should appoint a safeguarder in order to safeguard the interests of the child in the proceedings. This could be at any point during the hearing but the need for such a decision to be made may usefully be introduced in the early stages of the hearing.

If the hearing decides to make such an appointment they must give their reasons in writing on the form provided, providing the safeguarder with a clear brief. s41(1)(3), Rule 14(1)

The reporter will make available to the safeguarder the same documents and information that the panel members received. Rule 14(5)

Explaining the grounds for referral

It is the duty of the chairman of the hearing to explain the grounds for referral to the child and relevant person(s). This includes explanation of the supporting statement of facts. It is the condition (ground) that is being accepted or denied. s65(4)

Grounds for referral must be accepted or established before a hearing can go on to consider the child's case. It is, therefore, crucial that the grounds and statement of facts are communicated effectively and accurately, as the child and each relevant person must be asked whether they understand and accept them. Panel members must give time to the process and ensure that children and relevant persons are given a genuine option to accept or not accept the grounds.

The chairman's explanation should enable the child and relevant persons to give a definite answer, without entering into discussion, and without putting him or her under any pressure to accept. This is particularly important when a child is referred on grounds of having committed an offence in the light of potential consequences in terms of the Rehabilitation of Offenders Act 1974 and the 1975 Exceptions Order. ( See Appendix 1.) The purpose of this Act is intended to give a child who has offended the same benefits as anyone else who has a conviction.

Grounds not accepted

If the grounds are not accepted, the hearing has to decide whether to discharge them or direct the reporter to make application to the sheriff for a finding as to whether the grounds are established. This is generally referred to 'as sending the grounds for proof'. s65(7)

Grounds partially accepted

If the child and relevant persons accept part of the grounds, the hearing may decide to discharge those not accepted and proceed on the accepted grounds. There can be no discussion of the discharged grounds even if mention of them has been made in a report and they cannot be a factor in the decision reached. s65(6)

Depending on the nature of the grounds and other information available, the hearing may feel it is important to refer the non-accepted grounds to the sheriff for proof, since any decision about compulsory measures of supervision will be influenced by knowing whether or not they are established by the court. For example, if a child and/or relevant persons accepted grounds of failure to attend school but denied a serious assault, it might be considered that knowing whether or not the assault took place was crucial to a decision to be taken on the kind of supervision the child might need. The hearing will usually not proceed at that time on the accepted grounds. s65(7)

In the event of any difficulties over acceptance of the grounds for referral advice should be sought from the reporter. The statement of facts may be amended with the consent of the reporter in certain circumstances: for example a child may accept that he or she kicked someone but deny also having punched them.

Difficulty in understanding the grounds

The child may be incapable of understanding the grounds because of age or learning difficulty. If this is the case, the hearing must direct the reporter to apply to the sheriff for proof, unless it decides to discharge the referral. s65(9)

Although the Act refers only to the child in this context, relevant persons too may be unable to understand the grounds and implications of acceptance. If this occurs, the advice of the reporter should be sought as it may be safer to send the grounds to court to be established. If it is obvious that the relevant persons do not understand the grounds, there would not appear to be any purpose in continuing to explain extensive grounds (which tend to relate to lack of parental care).

Grounds referred to the sheriff for proof

The hearing asks the reporter to apply to the sheriff clerk for a time and a date when the sheriff can hear the evidence. s65(7)

The application must come before the sheriff within twenty-eight days of it being lodged, but the hearing does not need to be concluded within that period. s68(2)

The chairman of the hearing has a duty to explain to the child and relevant person the reasons for referring the case to the sheriff and to inform the child that he or she has a right and obligation to be present at the hearing before the sheriff. The child and relevant person are entitled to legal representation and may be eligible for legal aid. s65(8)

Where the sheriff decides that none of the grounds for referral in respect of the application are established, he or she will discharge the matter together with any warrants connected to it. s68(9)

If the sheriff is satisfied that the grounds are established then the case is remitted to the hearing for disposal. s68(10)

Although it was established in the case of S v Principal Reporter and Lord Advocate that when a child has been referred on grounds of having committed an offence (s52(2)(i)), the hearing is not determining a criminal charge, the grounds must nevertheless be proved to the criminal standard of beyond reasonable doubt. For all other grounds proof is to the civil standard of the ground being established on the balance of probabilities. s68(3)(b)

Once grounds are established by a sheriff, hearings can proceed to decide if the child requires compulsory measures of supervision.

The reporter may issue a notice of abandonment, which means withdrawing the case, for example, if a witness is unavailable or if there has been a significant change in circumstances.

Warrant to keep child in a place of safety

When a children's hearing directs that an application be made to the sheriff for proof, the hearing may issue a warrant to keep the child in a place of safety. s66

When making a decision about issuing a warrant, the hearing must obtain the views of the child, as well those of any relevant person and of any safeguarder, if attending, on what arrangements would be in the best interests of the child. Rule 15

If the hearing decides to issue a warrant, contact arrangements must be discussed.

Grounds accepted

If the grounds are accepted, the hearing may proceed to consider the case. s65(5)

Summary

The hearing cannot proceed if:

• the child and/or relevant persons do not accept the grounds
• the child does not understand the grounds/or is incapable of understanding the grounds
• the child and/or relevant persons accept the statement of facts but not the ground (for example, if a child has been staying out late but did not see this as being beyond parental control)

but must decide either to discharge the referral or direct the reporter to apply to the sheriff for a finding as to whether the grounds are established.

If a child or relevant persons accept only part of the grounds for referral then the hearing may:

• proceed on the grounds accepted; or
• discharge the case; or
• refer the case to the sheriff for a finding on whether any or all of the grounds are established.

When sending a case to the sheriff for proof the chairman must:

• inform the child and relevant person of the purpose of the application
• inform the child that he or she has a right to be present at the hearing in front of the sheriff and is under an obligation to do so.

Consideration of the case

Consideration of reports

It is good practice for the chairman to tell the child and relevant persons what reports the panel members have and check with a child over the age of twelve and the relevant persons that they have also received a copy.

The hearing must consider the grounds and any reports which has been made available to them, particularly the local authority report on the child and his or her social background, plus any report from a residential establishment if the child is resident there, and any other reports from, for example, a children's centre or health visitor or a school, or a safeguarder's report or other specialist report which has been requested. s69, Rule 20(3)(a)(b)

If the reports, which must be provided to the panel members and relevant persons (and child under non-statutory scheme), have not been received at least three days before the hearing, panel members must consider whether it is absolutely essential to proceed with the hearing. This may be if it is an emergency hearing or the child would be at risk, for example, by a supervision requirement or warrant lapsing. The decision to proceed must be recorded with clear supporting reasons.

The substance of the reports

The chairman has a duty to inform the child and any relevant person of the substance of the reports which may have a bearing on the decision to be made if it appears that this information is material to the manner in which the case of the child should be disposed of, and that its disclosure would not be detrimental to the interests of the child. Rule 20(4)

There are various reasons for this:

• the child may not have received a copy and should be made aware of what is written about his or her circumstances
• a child and/or relevant person might not be able to read
• the child and/or relevant persons might not have wanted to read the reports
• the child and/or relevant persons may have read the reports but may not have understood what was written
• the child and relevant persons should be able to give their opinion about the contents of the reports and challenge possible inaccuracies
• to make clear to the child, relevant persons and others present what the hearing sees as the main issues to be discussed
• other professionals at the hearing may not have seen each other's reports.

Any information given must be in the child's best interests and should not be damaging to the child.

Discussion of the case

It is the duty of the hearing to involve child, safeguarder (if present), relevant person and any representatives in the discussion in order to obtain their views on what arrangements would be in the best interests of the child. Rule 20(3)(c)&(d)

Good practice also dictates that panel members should discuss arrangements to be made with the social worker and any others present who can make relevant contributions.

A decision should not be made on an issue which has not been discussed. Sometimes, panel members may consider that part of report might upset the child or other members of the family present. In this situation, the best interests of the child must be the governing principle which will determine whether or not information is disclosed. In deciding that any information should not be disclosed, it is not sufficient that panel members may find information embarrassing, distressing or distasteful or that there may be a danger of irritating those people who have prepared the reports or provoking anger on the part of the family. The most important consideration is whether or not the child will ultimately benefit from discussion of the contents of the reports. If 'delicate' information constitutes part of the reason for the hearing's decision then it must be aired. Adjourning the hearing Rule 10(4)

If some temporary circumstance prevents panel members from reaching a decision on the case being considered, it is possible to adjourn the hearing to allow the immediate problem to be resolved. This might, for example, be done if:

• a child or family member is very overwrought or distressed
• someone at the hearing feels temporarily unwell
• someone who should be attending is delayed
• panel members wish the social worker to seek some information which could affect the decision (for example, to find out whether a residential place might be available).

Depending on the situation, the chairman of the hearing will judge whether an adjournment could be beneficial and for how long this should be. It might simply be a matter of waiting a few minutes for everyone to calm down, or, if a longer time will be needed, the hearing could be rescheduled to allow subsequent cases to go ahead. It is competent to adjourn a hearing until any time later the same day. Clearly the practicalities of this will depend on availability of panel members and other cases scheduled. If the hearing cannot restart the same day, then it must be 'continued' until another date.

Obtaining the views of the child

The reporter, when notifying the child of the hearing, will let him or her know that he or she is entitled to express his or her views. Children who are old enough to complete it are sent a form "Having your Say" which enables them to circle a number of answers to questions but which also leaves room for additional comments. At the same time, the reporter will point out that any views that the child gives to the reporter before the hearing is held will also be given to the panel members, to any relevant person and to any appointed safeguarder. Rule 6(4)

The hearing must give the child an opportunity to indicate whether he or she wishes to express any views, and if this is the case, ensure the child has an opportunity to do so. s16(2), Rule 15

If necessary, in order to obtain the views of the child (or if the presence of a particular person or persons is causing significant distress to the child), the hearing may exclude a relevant person, or persons, and/or their representatives from any part or parts of the hearing for as long as is necessary in the interests of the child. This decision should be taken by the hearing and responsibility for deciding who should be excluded should not be placed on the child s46(1)

Unless the child has been released from the obligation to attend the hearing, the hearing must not make any decision or take any action unless this opportunity is given to the child. Rule 15(3)(b)

If a legal representative has been appointed by a business meeting or hearing, the legal representative may help ensure that the child's wishes are expressed and made known to the hearing.

The social worker may indicate in the social background report that the child wishes to share his or her views with the panel members. A safeguarder or child's representative may also indicate this and can themselves give the child's views to the panel members on the child's behalf. A child could also put views in writing, on audio or video tape or through an interpreter. Rule 15(4)

Generally speaking, a child of twelve is considered to be mature enough to form a view but children under twelve may well be able to. Some children over twelve may not be mature enough for a variety of reasons to do so, including the fact that they may have learning difficulties. s16(2), Rule 15(5)

Having obtained the views of the child, the hearing must take them into account when making their decision. s16(2)(c)

If the hearing is unable to obtain the views of the child for any reason, or if the child is unwilling to contribute to the hearing, this should be noted in the reasons.

A hearing must:

• give a child the opportunity to indicate whether he/she wishes to express any views
• listen to those views
• have due regard to them.

8 DECISIONS AND REASONS

The panel member's role

A panel member's primary role is to make decisions about whether or not a child requires compulsory measures of supervision. The elements of these measures are protection, treatment, guidance or control, or a combination of all or some of them. The aim of a hearing's decision is to intervene positively in a child's life in order to change behaviour or circumstances for the better. Hearings have extensive powers which may have far reaching consequences on the life of the child and his or her family. The decision-making task is complex and difficult; with the authority to make decisions come responsibilities to treat families with dignity and respect and to ensure their rights are protected in so far as is possible.

Principles for decision-making

The principles of the children's hearings system set out in the section on History and Principles, provide an underlying philosophy for hearings' decisions. In addition, the principles in the Children (Scotland) Act 1995, section 16, establish a broad framework for most of the decisions made by hearings:

• the welfare of the child throughout childhood is the paramount consideration
• the child's views must be sought and taken into account
• the 'no order' principle - hearings and courts need to be certain that making an order will be better for the child than making none at all.

Further themes highlighted earlier also act as signposts in the search for suitable disposals:

• every child has the right to be treated as an individual
• every child has the right to protection from all forms of abuse, neglect and exploitation
• parents should normally be responsible for a child's upbringing and every effort should be made to preserve the family home
• regard must be paid to a child's religious persuasion, racial origin and cultural and linguistic background and any disability
• any intervention by a public authority in a child's life must be properly justified and should be supported by services from all relevant agencies working together.

Protection of the public s16(5)

Although the child's welfare must normally be the paramount consideration for hearings and courts, the Act nevertheless allows this priority to be waived if there is a serious threat to public safety. This decision, which could allow a child to be kept in secure accommodation, will not be taken lightly: it is only to be made 'for the purpose of protecting members of the public from serious harm (whether or not physical harm)'. Controlling a child's behaviour may be seen as a protective measure. If a child is to be deprived of his or her liberty, a hearing or business meeting must consider appointing a legal representative.

Decisions open to the hearing

First and foremost, the hearing must decide whether or not the child is in need of compulsory measures of supervision. In other words, some action is necessary to promote the child's welfare and panel members do not consider that this can be achieved by voluntary means.

Once this decision is reached, the hearing has three main options: s69(1)

Following consideration of the case, three categories of decision are open to the hearing:

1. to discharge the referral
2. to continue the case to a subsequent hearing in order to seek further information (which may require the making of various kinds of warrant to ensure the child's safety in the interim)
3. to make a supervision requirement (possibly including conditions).

Discharge

If after careful consideration of accepted or established grounds the hearing feels that the child is not in need of compulsory measures of supervision, the referral may be discharged. Panel members may feel it appropriate to offer some information or informal advice (perhaps to suggest the possibility of some voluntary contact with the social work department). However, there is no obligation on the child or family to accept this advice. s69(12)

Continue the hearing (make an interim decision)

'Continuing' the hearing actually means postponing the decision to a future date to allow something to happen in the interim. There are various reasons why a hearing might decide to do this:

• to seek further informations69(2)

If after discussion it is considered that there is not enough information to make a decision, the hearing may be continued to allow this to be provided. If further reports are being requested (for example, from a psychologist or medical practitioner or specialist assessment service) it is important to specify what particular issues the report provider should explore.

• for appointment of a safeguarder

The safeguarder's role is to protect the interests of the child: a safeguarder may be appointed when a hearing is not clear from the available information what decision would be in the child's best interests and guidance on the matter is requested from a safeguarder.

• for further investigations69(3),(4)&(5)

If further information is needed before a decision can be reached, the hearing may be continued for up to twenty-two days to allow the child to attend or stay at a clinic, hospital or other establishment for the purpose of further investigation. This could entail staying away from home. If a child does not comply with this requirement, a further hearing may grant a warrant to ensure that it is carried out.

• for appointment of a legal representative
  The Children's Hearings (Legal Representation)(Scotland) Rules 2002, Rule 3

• to allow someone to attend the hearing

If the child or anyone notified to attend the hearing does not appear on the stated date, the hearing may be continued to allow them to attend. (This may include granting a warrant to ensure the child's appearance.) The hearing might also be continued to allow the attendance of someone whose participation will be crucial to the decision (for example, a divorced father with whom the child is now expressing a desire to live).

• to send a case for proofs65(7)

If it has been decided to send grounds for proof, the hearing will be continued pending the outcome. The proof will start within twenty-eight days of the application being lodged. If the sheriff finds the grounds established, he will remit the case to the hearing for disposal. If not, he will discharge the referral and the case will not come back to the hearing.

Warrants when a hearing is continued s69(7)

If panel members are concerned that the child may be at risk in the interim period, or if they believe that the child may not attend the subsequent hearing, a warrant may be issued to require the child to be kept in a place of safety. This warrant can last a maximum of twenty-two days. ( See also Warrants below.)

The reasons for continuing the hearing should always be explained and some idea given, if possible, of when the family can expect the continued hearing to take place. If a child is away from home, it is also important to make clear what contact, if any, can take place between child and family during the interim period.

Make a supervision requirement ss70 & 73

In reaching a decision that compulsory measures of supervision are necessary for a child, the hearing should focus on what this will actually mean in practice and what it is intended to achieve. If a social worker is recommending supervision there should be a care plan included in the report. This plan should outline the aims of supervision and what will be expected of the child and family. The hearing must be satisfied that making an order will be better for the child than making no order at all. A supervision requirement may require the child:

• to live in a specified place
• to comply with any condition contained in the requirement.

No supervision requirement shall last longer than is necessary to promote or safeguard the welfare of the child.

The hearing cannot make a substantive decision unless a social background report has been received from the local authority.

Child's place of residence s70(3)(a)

A supervision requirement may specify where the child should live. This could be with one parent rather than the other, with a relative or family friend of the child, with an approved foster carer, or in a residential establishment such as a children's home, a residential school, or, in certain circumstances, secure accommodation.

Panel members must not make a supervision requirement specifying residence other than with a relevant person unless they have received a report from the local authority that:

(a) the place where the child is to reside and the persons who are to look after the child are suitable to meet his or her needs; and

(b) the necessary checks have been carried out in compliance with Regulation 15 of the Fostering of Children (Scotland) Regulations 1996.

It will obviously be essential to seek the views of the child and family about any proposed placement away from home and to make sure that the plans are explained to them in as much detail as possible. In particular, the question of contact must be discussed. ( See Contact below)

Foster care

Under the Fostering of Children (Scotland) Regulations 1996, a child may only be placed with a foster carer who has been approved by the fostering panel of the relevant local authority. The authority must carry out a series of checks on the suitability of the proposed carer(s). These relate to:

• age, marital status, health and personality
• particulars of the carer's house and other members of the household (adults and children)
• religious persuasion, racial origin, cultural and linguistic background
• employment, standard of living and leisure interests
• previous experience of caring for children
• any past criminal convictions
• the outcome of any previous applications to foster.

In recommending the placement of a child with a particular foster carer, the social worker must satisfy panel members that the checks have been carried out and that this placement is in the child's best interests. Reg 12 Emergency foster placements Fostering Regs 1996 (regs 13 and 14)

In emergency circumstances, the best solution for a child may be a temporary placement in the home of a relative or friend who has not been approved under the regulations. In this situation, if a foster placement appears the most suitable way of meeting the child's needs, a temporary placement may be made once the social work department have interviewed the prospective carer and inspected the home. The carer must also give a written agreement to carry out specified duties in relation to the care of the child. If the child is to remain in this foster home, the full range of checks should be carried out as soon as possible. If such an emergency placement is being recommended to a hearing, the panel members will wish to have as much information as possible. They may also wish to stress the priority of certain of the checks (for example health and criminal record).

Secure accommodation s70(9)&(10)

Decisions to place children in secure accommodation are regulated very strictly. Deprivation of liberty falls within the terms of Article 5 of the ECHR and children will require legal representation when decisions of this nature are taken. If it is not possible to arrange for a legal representative to be present at an emergency hearing where secure accommodation is considered and a warrant is issued, with a condition of secure accommodation, a legal representative should be appointed to be present at the review hearing which takes place before the warrant expires (i.e. within 22 days).

Under section 70(9)(b) of the Act, a child may only be placed in secure accommodation if the following criteria are met:

• the child has a history of absconding (running away from a place where the child is required to reside) and is likely to run away again unless kept in secure accommodation and, if the child runs away, his or her physical, mental or moral welfare is likely to be at risk; or
• the child is likely to injure himself/herself or some other person unless kept in secure accommodation.

A hearing may attach to a supervision requirement a condition authorising a child's placement in secure accommodation. However, the duration of the actual stay in the secure unit is for as long as is necessary as determined by the head of the establishment with the agreement of the chief social work officer of the relevant local authority. For this reason, all secure units also have open wings. A condition of secure accommodation can also be attached to a warrant.

Under the Secure Accommodation (Scotland) Regulations 1996, a supervision requirement with a condition of secure accommodation must be reviewed within three months. This is to ensure that the child's case is reviewed at regular intervals by an independent tribunal and that the condition of secure accommodation is still appropriate. The child's legal representative should be present at the review hearing.

Secure Accommodation (Scotland) Regulations 1996 (reg 11)

Where a child who is subject to a supervision requirement with a secure condition attached, has not been placed in such accommodation during the preceding six weeks, the child or any relevant person may request a review of the supervision requirement. The reporter must arrange this review hearing within 21 days of receiving the request. Secure Accommodation (Scotland) Regulations 1996 (reg 12)

Emergency placements in secure accommodation

If the criteria specified in s70(9) apply, the behaviour of certain children not subject to supervision requirements may require them to be placed in secure accommodation. The reporter must be informed immediately and the child must be brought to a hearing within seventy-two hours of notification being received. (In exceptional cases a further twenty-four hours will be allowed.) Secure Accommodation (Scotland) Regulations 1996 (regs 5-9)

Conditions in supervision requirements

Panel members can make their intentions for supervision more specific by adding a condition or conditions to a supervision requirement. Section 70 of the Act gives several examples of what a condition can achieve:

• require the child to submit to a medical examination or treatment
• prevent the child's address being revealed to any named person
• regulate contact between the child and any other persons
• specify a date for review of the requirement.

The reasons for any condition must be stated separately in the note of reasons for decision. The child and family have the right to appeal against a condition.

If a hearing specifies a particular residential or educational establishment as a condition of a supervision requirement and the local authority is unable to place the child within the named place within 22 days, the child may be placed in temporary accommodation and the local authority must inform the reporter before the 22 days has expired. The reporter is required to arrange for a children's hearing to review the supervision requirement as soon as is reasonably practicable and in any event within seven days of the date of receipt of the notification from the local authority. If the hearing takes place after the expiry of the 22 days, that period is extended to the date on which the children's hearing sits. Children's Hearings (Transmission of Information etc.)(Scotland) Regulations 1996,reg 4

Medical examination or treatment s70(5)(a)

If a hearing believes that some particular medical examination or treatment is necessary for the child, but for some reason he or she will be prevented from receiving it, a condition requiring examination or treatment can be made. However, the Age of Legal Capacity (Scotland) Act 1991 gives children under the age of sixteen legal capacity to consent to (or refuse) any surgical, medical or dental treatment or procedure so long as they are mature enough to understand the nature and consequences of that procedure. A child cannot therefore be compelled to undergo treatment even when this is specified in a condition.

Withholding the child's address s70(3)

The hearing can include a condition that the child's address should not be disclosed to any named person or class of persons. Though hearings are unlikely to use this power unless there is a real threat to the child's safety, it can make an important contribution to the protection of the child.

Contact

When a hearing is considering making, varying or continuing a supervision requirement, it must consider whether a condition relating to contact is required. s70(3)(b) and (5)(b)

Article 9(3) of the UN Convention on the Rights of the Child sets out a child's right to personal relations and direct contact with both parents on a regular basis and the maintenance of regular contact is expressed in Part I of the Children (Scotland) Act 1995 as both a parental right and a parental responsibility. The presumption is that contact between child and parents (and other members of the family) is a basic right which should be protected unless the child's welfare dictates otherwise. Article 8 of the European Convention on Human Rights relates to private and family life and this must also be taken into account when decisions are made on whether contact should be restricted or terminated.

In the majority of cases, the long-term aim will be the return of the child to the family home and it will be crucial to maintain contact while the child is away. However, even if the child cannot return home, some degree of contact - whether direct or indirect - may be in the child's best interests.

Duty of the local authority to promote contact s17(1)(c)

Where a child is looked after by a local authority, they have a duty to take steps to promote regular personal contact between the child and any person with parental responsibilities, as far as this is consistent with the child's welfare. Duties in relation to contact thus become an important part of implementation of supervision requirements by the social work department.

Arrangements for contact

When making, varying or continuing a supervision requirement, the hearing has a duty to consider what contact the child should have with his or her parents or any other family members and whether this should be specified in a condition. (Contact should also be considered in relation to child protection orders and warrants.) This will be particularly important for a child who is living away from home, but the condition could also specify contact with, for example, one parent who is absent from the family home where the child is living.

Conditions can limit or prohibit contact between the child and any named individual, or specify that it should take place. Note, however, that a supervision requirement only has force in relation to a child and is not binding on an adult or another child. If an adult fails to maintain contact with a child, a condition, therefore, cannot compel him or her to do so. This applies also to siblings.

If hearings feel some regulation of contact is necessary, they can specify arrangements (where and how often it should take place and whether or not it should be supervised). Care needs to be taken, however, not to impose conditions that are so specific as to be unworkable.

There will be some cases of child abuse where the hearing's main responsibility is the protection of the child. This may entail prohibiting contact with a particular person or persons. In this case, hearings should include a condition in the supervision requirement that the child shall have no contact with a named individual. At a review hearing, panel members will need to be satisfied that there are no longer risks to the child's safety before contact can be restored.

If no condition is included in a supervision requirement, it is assumed that reasonable arrangements will be agreed between the family and the child's carer and that these arrangements will be overseen by the local authority.

Discussion of contact at the hearing

Panel members must make sure that the question of contact has always been fully discussed at the hearing. The social worker should be asked to explain any recommendations about contact, which should be set out in the care plan, and what they would actually mean in practice. The child and parents must have an opportunity to express their views on the arrangements. This means there should be no ambiguity about expectations. The hearing should not leave contact arrangements to the discretion of the local authority without fully exploring expectations of contact with all parties and what the arrangements are likely to be. A summary of these expectations should be spelled out in the reasons so that any failure to meet them (on anyone's part) can be taken up by the next hearing.

Decisions about contact are often difficult. There needs to be a balance between the importance of maintaining the relationship between child and family against potential risks to the child's welfare. The best interests of the child may on occasion override the wishes and rights of parents. Hearings focusing on the removal of a children from home can be fraught. Once the decision has been made, it needs to be explained clearly so the family leave the hearing understanding what is going to happen (even if they are not happy about the arrangements). The chairman will also explain the right to appeal against the condition and the right to request a review of the supervision requirement, including any conditions, after three months.

Specifying a date for review s70(7)

The hearing may include a condition specifying when the case must be reviewed within the duration of the supervision requirement. This power may be helpful in situations where a particular target or piece of work has been agreed and the hearing decides that a specific time scale would be helpful. It may also be used when a particular event is occurring in the child's life and the hearing wishes to review the supervision to coincide with that event, for example, a parent being released from prison.

The local authority may ask for a review to be held at any time. This would normally be the preferred course of action as the social worker is able to monitor the case and call for the review at the most appropriate time. Hearings should not use the power to call an early review as a way of monitoring the case as this should be the responsibility of the local authority and not the hearing.

Attending a hearing is in itself intervention in a child's life and applying the principle of only intervening when necessary in the best interests of the child should help panel members to decide when, and when not, to set an early review date.

Other conditions s70(2)

In theory, panel members may attach any condition they like to a supervision requirement, as long as they believe it to be in the child's interest. Attendance at a day nursery, for example, might be a way of achieving some stability in a young child's life, or participation in a group project could help a teenager to address his offending behaviour. The condition must relate to the child: a hearing has no power to impose conditions on a parent or any other person (though their co-operation may be helpful to the fulfilment of the condition on the child).

Conditions which cannot be implemented

Panel members should be careful not to include a condition which cannot be implemented. For example, specifying regular attendance at school in the case of a chronic school refuser may be an impossible goal for a child to achieve in the short term and a condition like this would be worthless. In the same way, ruling that 'Contact should take place on Mondays and Wednesdays between 2 and 4 p.m.' would be unreasonably prescriptive, allowing no flexibility to take account of changing circumstances. It might be more appropriate just to state for how long and how many times a week the contact should take place.

Communicating the decision and reasons

During the course of the hearing, options for decision should be fully explored and views sought as to their appropriateness. When panel members are ready to make a decision, the chairman will ask each in turn to give his or her decision and the reasons for it. The chairman will give his or her own decision and reasons. The chairman must then state the decision of the hearing (whether unanimous or by a majority), and the reasons, drawing on whatever has been said. To ensure that written reasons reflect those given verbally, it can be helpful if the hearing has been long and complex for the chairman or one of the other panel members to note key points in the reasons as they are given (first explaining to the family what is being done and why).

It is essential that the reasons are explained as clearly as possible: the family may not agree with the decision, but at least they should be clear why it has been made. One of the most impressive features of children's hearings is that the decisions are made openly and communicated on the spot to child and family: panel members do not retire to consider their decision. This is part of the spirit of openness and participation which lies at the heart of the hearings system.

When the hearing have made their decision disposing of the case, the chairman must inform the child and any relevant person, safeguarder or representative of:

• the decision of the hearing Rule 20(5)(a)
• the reasons for the decision Rule 20(5)(b)
• the right of child and relevant person to appeal against the decision within three weeks Rule 20 (5)(c) and s50(1)
  

and

• where an appeal is lodged against the decision, of the right to apply for the suspension of the supervision requirement pending the outcome of the appeal Rule 20(5)(c)

Duration and review of supervision requirements

As a matter of best practice, the chairman should also inform the child, relevant persons and other parties about the duration of supervision requirements and arrangements for review.

The Act states that:

'no child should continue to be subject to a supervision requirement for any period longer than is necessary in the interests of promoting or safeguarding his welfare'.s73(1)

The chairman will advise the child and relevant persons:

• that the supervision requirement cannot last longer than one year and the reporter will normally request a review hearing before that period elapses
• that the local authority has a duty to ask for a review hearing if there is a change in circumstances or if the supervision requirement or a condition is not being complied with
• that the child and relevant persons may request a review of the supervision requirement at any time at least three months after it has been made (or varied or continued).

The child and relevant persons should leave the hearing knowing:

• what decision has been made
• why it has been made
• what the decision will mean in practice
• what compulsory measures of supervision aim to achieve.

Written reasons

As soon as reasonably practicable after the decision has been made, the chairman is required to 'make or cause to be made' a report of the decision and a written statement of the decision of the reasons for it. Rule 10(5)

Any minority decision and reasons should be recorded.

Best practice is for the chairman of the hearing to undertake the writing of the reasons with the assistance of the other two panel members.

It is essential that the reasons are clear and reflect the discussion during the hearing. The written reasons must be substantially the same as those given verbally to the family although where appropriate they may be expanded. All three panel members should contribute to writing of the reasons which explain the decision of the hearing as a whole. They will then be signed by the chairman.

The reasons should indicate why compulsory measures of supervision were considered necessary - and what form the supervision will take, whether the child's views could be obtained.

The reasons should also indicate any decisions taken during the course of the hearing, for example, to exclude particular people, or if there has been a problem such as someone becoming violent and the hearing having to be adjourned (fortunately, this happens rarely).

The chairman should advise the child and relevant persons that they will receive a copy of the written reasons from the reporter.

Notification of decisions Rule 21

The reporter is required as soon as reasonably practicable after the hearing (normally five working days) to send to the child, the relevant persons, any safeguarder, any legal representative (if applicable) and the local authority a notice of the decision and copy of any supervision requirement, a copy of the statement of reasons for the decision, and notice of the right to appeal. The reporter should also give notice of the decision to any person with whom the child is residing and, where the information leading to the investigation of the case was given by a police officer, to the chief constable of the police area.

If a supervision requirement is made in respect of a child who is sixteen, or if a supervision requirement relating to a child of that age is terminated, the chief constable of the area in which the child lives must be informed.

Appeals s51

It is a fundamental principle of the hearings system that decisions made by hearings should be open to challenge. If the child and/or any relevant person disagrees with a hearing's decision, or if they believe the procedure has not been followed correctly, they have the right to appeal (separately or jointly) in writing to the sheriff-clerk within three weeks of the date of the decision being made. A safeguarder may make an appeal on behalf of a child.

At the end of a hearing, the chairman must inform the child and relevant persons of their appeal rights, and also, should they appeal of their right to apply to another hearing for suspension of the requirement pending the outcome of the appeal. (In this case, the reporter must arrange another hearing 'forthwith' to consider this application.) The child and parents have a right to representation and may be entitled to legal aid. Rule 20(5)(c)

An appeal may be made against any disposal by a hearing (i.e. a final decision), against any condition attached to a supervision requirement, or against a warrant. (Appeals against warrants must be heard within three days of the lodging of the appeal and child and parents will be entitled to legal aid.) Appeals are not competent against interim decisions by hearings, such as sending a case for proof, appointing a safeguarder, or continuing a hearing for further information.

The sheriff hearing the appeal has power to examine all the reports provided for the hearing, to call for additional reports and to hear evidence from the appellants, the reporter and the writers of any reports. Clearly stated reasons are particularly important in the case of an appeal, as they can explain to the sheriff what was in the mind of the panel members when they made their decision.

Possible decisions by the sheriff hearing an appeal s51(4)-(6)

When the sheriff decides that the appeal has failed, he or she will confirm the decision of the hearing. If the sheriff upholds the appeal, he or she may:

• discharge the referral
• remit the case back to the hearing for reconsideration
• substitute for the panel members' decision any other decision which they could have made. This provision in the 1995 Act has been used sparingly by the courts.

Historically, the number of appeals against hearings' decisions have been very small, and the number of successful appeals even smaller.

Appeals against decision by sheriff s51(11)-(15)

The Children (Scotland) Act 1995 provides two routes for appeal by the child, the parents or the reporter against a decision by a sheriff: either to the sheriff principal and then (with his leave) to the Court of Session, or direct to the Court of Session. Appeals to the Sheriff Principal or Court of Session must be made by way of a stated case from the sheriff either on a point of law or in respect of any irregularity in the conduct of the case.

« Previous | Contents | Next »