CHILDREN SUBJECT TO A SUPERVISION REQUIREMENT
25. If a child is looked after under section 17 of the Children (Scotland) Act 1995 or is subject to a supervision requirement which specifies where the child is to reside, and an overnight stay is not in conflict with any other terms of the supervision requirement, the local authority may occasionally authorise an overnight stay from the place of residence specified in the supervision requirement. Decisions about overnight stays may be reviewed at the Looked After Child Review and included in the care plan to make sure that the situation is still appropriate to the child's circumstances. The care plan should confirm that parents' views on overnight stays have been taken into consideration, if this is in the best interests of the child.
26. Where a child is subject to a supervision requirement and a place of residence is specified, the local authority should authorise an overnight stay only where there are no conflicts with the supervision requirement (other than the condition of residence) or the expectations of the children's hearing, in addition to ensuring the other aspects of this guidance are robustly followed. The views of the child and the child's parents should also be taken into consideration in advance.
27. Where a child is subject to a supervision requirement that specifies where the child is to reside then, if it is proposed that an overnight stay arrangement becomes more than occasional, this must be brought by the local authority to a children's hearing for consideration and decision. (Note: the more regular arrangement will need to be reflected in the supervision requirement, which will require compliance with the Fostering of Children (Scotland) Regulations 1996.)
28. Where a sheriff or children's hearing sets specific conditions or expectations about overnight stays, these should always be met. Social workers should be involved in the decision-making process to ensure the child's interests are met.