Scottish Government

Scottish Statutory Instruments

CHILDREN AND YOUNG PERSONS

The Children's Hearings (Scotland) Act 2011 Safeguarders Panel Regulations 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 32(2) of the Children's Hearings (Scotland) Act 2011( ^[a]).

Citation and commencement

1. These Regulations may be cited as the Children's Hearings (Scotland) Act 2011 Safeguarders Panel Regulations 2012 and come into force on [2nd April 2012].

2. In these Regulations

"the Act" means the Children's Hearings (Scotland) Act 2011; and

"the Safeguarders Panel" means the panel of persons established and maintained under section 32(1) of the Act.

Recruitment and selection of members of the Safeguarders Panel

3.-(1) The Scottish Ministers must make arrangements for the recruitment and selection of persons as members of the Safeguarders Panel.

(2) The Scottish Ministers may in particular-

(a) publicly advertise for persons to apply to become members of the Safeguarders Panel;
(b) invite nominations for persons as potential members of the Safeguarders Panel from such bodies or persons, other than CHS or SCRA, as they consider appropriate; or
(c) make nominations themselves for persons as potential members of the Safeguarders Panel.

Safeguarders under 2001 Regulations: recruitment to the Safeguarders Panel

4. The Scottish Ministers must inform all members of panels established under the Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001( ^[b]) of-

(a) the establishment of the Safeguarders Panel; and
(b) the arrangements for the recruitment and selection of persons as members of the Safeguarders Panel.

Appointment and removal of members of the Safeguarders Panel

5.-(1) It is for the Scottish Ministers to appoint persons as members of the Safeguarders Panel from those recruited and selected under regulation 3.

(2) The Scottish Ministers can only appoint persons as members of the Safeguarders Panel who-

(a) are capable of satisfying the key competencies; and
(b) have experience,
which the Scottish Ministers consider appropriate for safeguarders.

(3) The Scottish Ministers can only appoint persons as members of the Safeguarders Panel who have successfully completed such pre-appointment training under regulation 8 as Ministers think fit.

(4) A person is disqualified from appointment as a member of the Safeguarders Panel or from continuing as a member of the Safeguarders Panel, if the person is or becomes-

(a) a member of CHS;
(b) employed by CHS;
(c) a member of an area support team;
(d) a member of SCRA;
(e) employed by SCRA;
(f) a member of the Children's Panel; or
(g) directly involved in the establishment, maintenance, operation or management of the Safeguarders Panel.

6. The Scottish Ministers must, on being notified that a person is barred from regulated work with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007( ^[c])-

(a) refuse to appoint that person as a member of the Safeguarders Panel, or as the case may be;
(b) remove that person from the Safeguarders Panel.

Tenure of appointment

7.-(1) The period for which a person is appointed as a member of the Safeguarders Panel is 3 years.

(2) The period for which a person is reappointed as a member of the Safeguarders Panel is to be determined by the Scottish Ministers but must be for a minimum of 1 year and a maximum of 3 years.

(3) The Scottish Ministers must reappoint as a member of the Safeguarders Panel a person whose appointment has ceased unless-

(a) the person declines to be reappointed; or
(b) the Scottish Ministers are satisfied that paragraph (4) applies.

(4) This paragraph applies if the person is unfit to be a member of the Safeguarders Panel by reason of-

(a) inability;
(b) conduct; or
(c) failure without reasonable excuse to comply with any training requirements imposed by the Scottish Ministers.

(5) The Scottish Ministers may remove a member from the Safeguarders Panel during the periods mentioned in paragraphs (1) and (2) if satisfied that paragraph (4) applies.

Training of members and potential members of the Safeguarders Panel

8.-(1) The Scottish Ministers must train, or make arrangements for the training of, members and potential members of the Safeguarders Panel.

(2) Such training may be-

(a) pre-appointment training for those potential members of the Safeguarders Panel who might be appointed to it following successful completion of that training or
(b) continuing training for members of the Safeguarders Panel.

(3) Members of the Safeguarders Panel must attend and successfully complete continuing training requirements imposed by the Scottish Ministers.

(4) The Scottish Ministers may remove a member from the Safeguarders Panel if that member fails, without reasonable excuse, to comply with any continuing training requirements imposed by the Scottish Ministers

Content of Training

9. The training of members and potential members of the Safeguarders Panel must include-

(a) the role and functions of safeguarders
(b) the standards expected of safeguarders and
(c) how safeguarders may best elicit the views of a child.

Payment of expenses, fees and allowances to members and potential members of the Safeguarders Panel

10.-(1) The Scottish Ministers must pay fees to members of the Safeguarders Panel.

(2) The Scottish Ministers may pay expenses and allowances, as they think fit, to members and potential members of the Safeguarders Panel.

(3) The Scottish Ministers must publish the rates of expenses, fees and allowances payable to members and potential members of the Safeguarders Panel.

Operation and management of members of the Safeguarders Panel

11.-(1) The Scottish Ministers must keep under review the operation and management of the Safeguarders Panel.

(2) In particular the Scottish Ministers must ensure at all times a membership of the Safeguarders Panel adequate for the purposes for which it is established.

(3) The Scottish Ministers must endeavour to ensure that the Safeguarders Panel includes persons from all local authority areas.

(4) The Scottish Ministers must monitor the performance of members of the Safeguarders Panel.

(5) Monitoring of the performance of members of the Safeguarders Panel may include-

(a) assessing any report prepared by a safeguarder;
(b) recording the attendance of a safeguarder at children's hearings or court proceedings under Part 10 or 15 of the Act; and
(c) observing a safeguarder carrying out their functions, including at children's hearings or court proceedings.

(6) The Scottish Ministers must establish and publish procedures for complaints against-

(a) the Safeguarders Panel; and
(b) members of the Safeguarders Panel in the performance of their functions.

[A member of the Scottish Government/Authorised to sign by the Scottish Ministers]

St Andrew's House,
Edinburgh
2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for and in connection with the Safeguarders Panel.

( ^[a]) 2011 asp 1.

( ^[b]) S.S.I. 2001/476 [as amended].

( ^[c]) 2007 asp 14. [as amended].