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Children's Hearings (Scotland) Act 2011

Type Act of the Scottish Parliament

Publication 2011-01-06

Last updated 2026-03-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — The National Convener and Children's Hearings Scotland

The National Convener and CHS

Duty to consider applying for parenting order

1

(1) There is to be an officer to be known as the National Convener of Children's Hearings Scotland (referred to in this Act as “the National Convener”).

(2) The Scottish Ministers are to appoint a person as the first National Convener.

(3) The Scottish Ministers must take reasonable steps to involve persons who are under 21 years of age in the process for selection of a person for appointment under subsection (2).

(4) The period for which the person is appointed is 5 years.

(5) The terms and conditions on which the person holds and vacates office are to be determined by the Scottish Ministers.

Children’s Hearings Scotland

2

There is established a body corporate to be known as Children's Hearings Scotland (referred to in this Act as “CHS”).

Further provision about National Convener and CHS

3

Schedule 1 makes further provision about the National Convener and CHS.

The Children's Panel

The Children’s Panel

4

(1) The National Convener must appoint persons to be members of a panel to be known as the Children's Panel.

(2) The National Convener must endeavour to ensure that—

(a) the number of persons that the National Convener considers appropriate is appointed, and

(b) the panel includes persons from all local authority areas.

(3) Schedule 2 makes further provision about the Children's Panel.

Children's hearings

Children’s hearing

5

A children's hearing consists of three members of the Children's Panel selected in accordance with section 6 for the purpose of carrying out functions conferred on a children's hearing by virtue of this Act or any other enactment.

Selection of members of children’s hearing

6

(1) This section applies where a children's hearing requires to be arranged by virtue of, or for the purposes of, this Act or any other enactment.

(2) The members of the children's hearing are to be selected by the National Convener.

(3) The National Convener must ensure that the children's hearing—

(a) so far as practicable, includes both male and female members of the Children's Panel, and

(b) so far as practicable, consists only of members of the Children's Panel who live or work in the area of the local authority which is the relevant local authority for the child to whom the hearing relates.

(4) The National Convener may select one of the members of the children's hearing to chair the hearing.

(5) In this section “children’s hearing” includes a pre-hearing panel.

Holding of children’s hearing

7

The National Convener must ensure that a children's hearing is held for the purpose of carrying out any function conferred on a children's hearing by virtue of this Act or any other enactment.

Provision of advice to children’s hearing

8

(1) The National Convener may provide advice to children's hearings about any matter arising in connection with the functions conferred on children's hearings by virtue of this Act or any other enactment.

(2) The National Convener may in particular provide—

(a) legal advice,

(b) advice about procedural matters,

(d) advice about how decisions of children's hearings are implemented.

(3) In this section, “children's hearing” includes pre-hearing panel.

Independence of children’s hearings

9

Nothing in this Act authorises the National Convener or the Principal Reporter to direct or guide a children's hearing in carrying out the functions conferred on children's hearings by virtue of this Act or any other enactment.

Power to change National Convener's functions

Power to change National Convener’s functions

10

(1) The Scottish Ministers may by order—

(a) confer additional functions on the National Convener,

(b) remove functions from the National Convener,

(d) transfer functions from the National Convener to another person,

(e) specify the manner in which, or period within which, any function conferred on the National Convener by virtue of this Act is to be carried out.

(2) An order under this section is subject to the super-affirmative procedure (other than an order under subsection (1)(e), which is subject to the affirmative procedure).

Functions of CHS

Provision of assistance to National Convener

11

CHS must—

(a) assist the National Convener in carrying out the functions conferred on the National Convener by virtue of this Act or any other enactment,

(b) facilitate the carrying out of those functions.

Independence of National Convener

12

(1) Nothing in this Act authorises CHS or any other person to direct or guide the National Convener in carrying out the functions conferred on the National Convener by virtue of this Act or any other enactment.

(2) This section is subject to section 10(1)(e).

Directions

13

(1) The Scottish Ministers may give CHS general or specific directions about the carrying out of its functions.

(2) CHS must comply with a direction under subsection (1).

(3) The Scottish Ministers may vary or revoke a direction under subsection (1) by giving a subsequent direction under that subsection.

Part 2 — The Principal Reporter and the Scottish Children's Reporter Administration

The Principal Reporter and SCRA

The Principal Reporter

14

There continues to be an officer known as the Principal Reporter.

The Scottish Children’s Reporter Administration

15

There continues to be a body corporate known as the Scottish Children's Reporter Administration (in this Act referred to as “SCRA”).

Further provision about Principal Reporter and SCRA

16

Schedule 3 makes further provision about the Principal Reporter and SCRA.

The Principal Reporter

Duty as respects location of children’s hearing

17

The Principal Reporter must ensure that, so far as practicable, a children's hearing takes place in the area of the relevant local authority for the child to whom the hearing relates.

Power to change Principal Reporter’s functions

18

(1) The Scottish Ministers may by order—

(a) confer additional functions on the Principal Reporter,

(b) remove functions from the Principal Reporter,

(d) transfer functions from the Principal Reporter to another person,

(e) specify the manner in which, or period within which, any function conferred on the Principal Reporter by virtue of this Act or the Criminal Procedure (Scotland) Act 1995 (c.46) is to be carried out.

(2) An order under this section is subject to the super-affirmative procedure (other than an order under subsection (1)(e), which is subject to the affirmative procedure).

Rights of audience

19

(1) The Scottish Ministers may by regulations—

(a) empower the Principal Reporter to conduct proceedings which by virtue of this Act require to be conducted before the sheriff, the sheriff principal or the Sheriff Appeal Court,

(b) prescribe qualifications or experience that must be acquired or training that must be undertaken by the Principal Reporter before conducting such proceedings.

(2) References in subsection (1) to the Principal Reporter include references to a person carrying out a function on behalf of the Principal Reporter by virtue of paragraph 10(1) of schedule 3.

Functions of SCRA

Assisting Principal Reporter

20

SCRA must—

(a) assist the Principal Reporter in carrying out the functions conferred on the Principal Reporter by virtue of this Act or any other enactment, and

(b) facilitate the carrying out of those functions.

Provision of accommodation for children’s hearings

21

(1) SCRA must provide suitable accommodation and facilities for children's hearings.

(2) Accommodation and facilities must, so far as practicable, be provided in the area of each local authority.

(3) Accommodation and facilities must be dissociated from courts exercising criminal jurisdiction and police stations.

Independence of Principal Reporter

22

(1) Nothing in this Act authorises SCRA or any other person to direct or guide the Principal Reporter in carrying out the functions conferred on the Principal Reporter by virtue of this Act or any other enactment.

(2) This section is subject to section 18(1)(e).

Directions

23

(1) The Scottish Ministers may give SCRA general or specific directions about the carrying out of its functions.

(2) SCRA must comply with a direction under subsection (1).

(3) The Scottish Ministers may vary or revoke a direction under subsection (1) by giving a subsequent direction under that subsection.

Transfer of staff, property etc.

24

Schedule 4 makes provision about the transfer of staff, property, rights, liabilities and obligations to CHS.

Part 3 — General considerations

Welfare of the child

25

(1) This section applies where by virtue of this Act a children's hearing, pre-hearing panel or court is coming to a decision about a matter relating to a child.

(2) The children's hearing, pre-hearing panel or court is to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as the paramount consideration.

(3) The children's hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

Decisions inconsistent with section 25

26

(1) A children's hearing or a court may make a decision that is inconsistent with the requirement imposed by section 25(2) if—

(a) the children's hearing, pre-hearing panel or court considers that, for the purpose of protecting members of the public from serious harm (whether physical or not), it is necessary that the decision be made, and

(b) in coming to the decision, the children's hearing, pre-hearing panel or court complies with subsection (2).

(2) The children's hearing, pre-hearing panel or court is to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as a primary consideration rather than the paramount consideration.

Views of the child

27

(1) This section applies where by virtue of this Act a children's hearing, pre-hearing panel or the sheriff is coming to a decision about a matter relating to a child.

(2) This section does not apply where the sheriff is deciding whether to make a child protection order in relation to a child.

(3) The children's hearing, pre-hearing panel or the sheriff must, so far as practicable and taking account of the age and maturity of the child—

(a) give the child an opportunity to indicate whether the child wishes to express the child's views,

(b) if the child wishes to do so, give the child an opportunity to express them, and

(4) Without prejudice to the generality of subsection (3), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that subsection.

(5) In this section “coming to a decision about a matter relating to a child”, in relation to a children's hearing, pre-hearing panel, includes—

(a) providing advice by virtue of section 50,

(b) preparing a report under section 141(2).

Children’s hearing: pre-condition for making certain orders and warrants

28

(1) Subsection (2) applies where a children's hearing is—

(a) considering whether to make a compulsory supervision order,

(b) considering whether to vary or continue a compulsory supervision order,

(d) considering whether to make an interim variation of a compulsory supervision order,

(e) considering whether to make a medical examination order, or

(f) considering whether to grant a warrant to secure attendance.

(2) The children's hearing may make, vary or continue the order or interim variation or grant the warrant, only if the children's hearing considers that it would be better for the child if the order, interim variation or warrant were in force than not.

Sheriff: pre-condition for making certain orders and warrants

29

(1) Subsection (2) applies where—

(a) the sheriff is considering making a child assessment order,

(b) the sheriff is considering making or varying a child protection order,

(i) varying or continuing a compulsory supervision order,

(ii) making or varying an interim compulsory supervision order or an interim variation of a compulsory supervision order,

(iii) varying a medical examination order, or

(iv) granting a warrant to secure attendance,

(d) the sheriff is otherwise considering—

(i) making an interim compulsory supervision order or an interim variation of a compulsory supervision order, or

(ii) granting a warrant to secure attendance, or

(e) the sheriff is considering extending or varying an interim compulsory supervision order under section 98 or 99.

(2) The sheriff may make, vary, continue or extend the order or interim variation or grant the warrant, only if the sheriff considers that it would be better for the child if the order, interim variation or warrant were in force than not.

Children’s hearing: duty to consider appointing safeguarder

30

(1) A children's hearing must consider whether to appoint a person to safeguard the interests of the child to whom the children's hearing relates (a “safeguarder”).

(2) A children's hearing may appoint a safeguarder at any time when the children's hearing is still deciding matters in relation to the child.

(3) A children's hearing must record an appointment made under subsection (2).

(4) If a children's hearing appoints a safeguarder, it must give reasons for its decision.

(5) Subsection (1) does not apply where a safeguarder has already been appointed.

Sheriff: duty to consider appointing safeguarder

31

(1) This section applies where—

(a) proceedings are being taken before the sheriff under Part 10 or 15 in relation to a child, and

(b) a safeguarder has not been appointed for the child in relation to proceedings under those Parts.

(2) The sheriff must consider whether to appoint a safeguarder for the child.

(3) The sheriff may appoint a safeguarder for the child.

(4) A safeguarder appointed under this section is to be treated for the purposes of this Act (other than this section and section 33) as having been appointed by a children's hearing by virtue of section 30.

(5) An appointment under subsection (3) must be recorded.

(6) If the sheriff appoints a safeguarder, the sheriff must give reasons for the decision.

Part 4 — Safeguarders

The Safeguarders Panel

32

(1) The Scottish Ministers must establish and maintain a panel of persons (to be known as the Safeguarders Panel) from which any appointment under this Act of a safeguarder is to be made.

(2) The Scottish Ministers may by regulations make provision for or in connection with—

(a) the recruitment and selection of persons who may be appointed as members of the Safeguarders Panel,

(b) the appointment and removal of members of the Safeguarders Panel,

(d) the training of members and potential members of the Safeguarders Panel,

(e) the payment of expenses, fees and allowances by the Scottish Ministers to members and potential members of the Safeguarders Panel,

(f) the operation and management of the Safeguarders Panel.

(3) For the purpose of complying with the requirements imposed by subsection (1) and regulations under subsection (2), the Scottish Ministers may enter into arrangements (contractual or otherwise) with any person other than CHS or SCRA.

Functions of safeguarder

33

(1) A safeguarder appointed in relation to a child by virtue of section 30 must—

(a) except where subsection (2) or (3) applies, on being so appointed, prepare a report setting out anything that, in the opinion of the safeguarder, is relevant to the consideration of the matter before the children's hearing,

(b) so far as reasonably practicable, attend the children's hearing, and

(2) This subsection applies where the children's hearing directs the Principal Reporter under section 93(2)(a) or 94(2)(a) to make an application to the sheriff.

(3) This subsection applies where the children's hearing was arranged under section 45, 46, 50, 96, 126 or 158.

Safeguarders: regulations

34

(1) The Scottish Ministers may by regulations make further provision about safeguarders.

(2) Regulations under this section may in particular make provision for or in connection with—

(a) imposing additional requirements on safeguarders,

(b) conferring additional powers (including rights of appeal) on safeguarders,

Part 5 — Child assessment and child protection orders

Child assessment orders

35

(1) A local authority may apply to the sheriff for a child assessment order in respect of a child.

(2) A child assessment order is an order authorising an officer of a local authority or a person authorised by that officer to carry out (subject to section 186) an assessment of—

(a) the child's health or development, or

(b) the way in which the child has been or is being treated or neglected.

(3) An order may—

(a) require any person in a position to do so to produce the child to the officer,

(b) for the purpose of carrying out the assessment, authorise the taking of the child to any place and the keeping of the child at that place or any other place for a period specified in the order,

(c) where it contains an authorisation of the type mentioned in paragraph (b), include directions about contact between the child and any other person.

(4) A child assessment order must specify the period during which it has effect.

(5) That period must—

(a) begin no later than 24 hours after the order is granted, and

(b) not exceed 3 days.

Consideration by sheriff

36

(1) This section applies where an application for a child assessment order in respect of a child is made by a local authority.

(2) The sheriff may make the order if the sheriff is satisfied that—

(a) the local authority has reasonable cause to suspect—

(i) that the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm, or

(ii) that the child has been or is being neglected and as a result of the neglect the child is suffering or is likely to suffer significant harm,

(b) an assessment of the kind mentioned in section 35(2) is necessary in order to establish whether there is reasonable cause to believe that the child has been or is being so treated or neglected, and

(3) The sheriff may, instead of making a child assessment order, make a child protection order if the sheriff considers the conditions in section 38(2) are satisfied.

Child protection orders

37

(1) A person may apply to the sheriff for a child protection order in respect of a child.

(2) A child protection order is an order doing one or more of the following—

(a) requiring any person in a position to do so to produce the child to a specified person,

(b) authorising the removal of the child by the specified person to a place of safety and the keeping of the child in that place,

(c) authorising the prevention of the removal of the child from any place where the child is staying (whether or not the child is resident there),

(d) authorising the carrying out (subject to section 186) of an assessment of—

(i) the child's health or development, or

(ii) the way in which the child has been or is being treated or neglected.

(3) A child protection order may also include any other authorisation or requirement necessary to safeguard or promote the welfare of the child.

(4) A child protection order may include an authorisation of the type mentioned in paragraph (d) of subsection (2) only if it also includes an authorisation of a type mentioned in paragraph (b) or (c) of that subsection.

(5) An application for a child protection order must—

(a) identify the applicant,

(b) in so far as is practicable, identify the child in respect of whom the order is sought,

(d) be accompanied by supporting evidence, whether documentary or otherwise, sufficient to enable the sheriff to determine the application.

(6) In subsection (2), “specified” means specified in the order.

Consideration of application by sheriff

Consideration by sheriff: application by local authority only

38

(1) This section applies where an application for a child protection order in respect of a child is made by a local authority.

(2) The sheriff may make the order if the sheriff is satisfied that—

(a) the local authority has reasonable grounds to suspect that—

(i) the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm,

(ii) the child has been or is being neglected and as a result of the neglect the child is suffering or is likely to suffer significant harm, or

(iii) the child will be treated or neglected in such a way that is likely to cause significant harm to the child,

(b) the local authority is making enquiries to allow it to decide whether to take action to safeguard the welfare of the child, or is causing those enquiries to be made,

(d) the local authority has reasonable cause to believe that access is required as a matter of urgency.

Consideration by sheriff: application by local authority or other person

39

(1) This section applies where an application for a child protection order in respect of a child is made by a local authority or other person.

(2) The sheriff may make the order if the sheriff is satisfied that—

(a) there are reasonable grounds to believe that—

(i) the child has been or is being treated in such a way that the child is suffering or is likely to suffer significant harm,

(ii) the child has been or is being neglected and as a result of the neglect the child is suffering or is likely to suffer significant harm,

(iii) the child is likely to suffer significant harm if the child is not removed to and kept in a place of safety, or

(iv) the child is likely to suffer significant harm if the child does not remain in the place at which the child is staying (whether or not the child is resident there), and

(b) the order is necessary to protect the child from that harm or from further harm.

Ancillary measures

Information non-disclosure directions

40

(1) This section applies where the sheriff makes a child protection order in respect of a child.

(2) The sheriff must consider whether to include an information non-disclosure direction in the order.

(3) An information non-disclosure direction is a direction that—

(a) the location of any place of safety at which the child is being kept, and

(b) any other information specified in the direction relating to the child,

must not be disclosed (directly or indirectly) to any person or class of person specified in the direction.

(4) An information non-disclosure direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Contact directions

41

(1) This section applies where the sheriff makes a child protection order in respect of a child.

(2) The sheriff must consider whether to include a contact direction in the order.

(3) A contact direction is a direction—

(a) prohibiting contact between the child and a person mentioned in subsection (4),

(b) making contact between the child and such a person subject to any conditions which the sheriff considers appropriate to safeguard and promote the welfare of the child,

(4) The persons are—

(a) a parent of the child, person with parental responsibilities for the child or other person specified in the direction,

(b) a person falling within a class of person specified in the direction.

(5) A contact direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Parental responsibilities and rights directions

42

(1) A person applying to the sheriff for a child protection order in respect of a child may, at the same time, apply to the sheriff for a parental responsibilities and rights direction.

(2) A parental responsibilities and rights direction is a direction about the fulfilment of parental responsibilities or exercise of parental rights in relation to—

(a) the treatment of the child arising out of any assessment authorised by the child protection order, or

(b) any other matter that the sheriff considers appropriate.

(3) A parental responsibilities and rights direction ceases to have effect when—

(a) it is terminated by a children's hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

(b) the child protection order in which it is included ceases to have effect.

Notice of order

Notice of child protection order

43

(1) As soon as practicable after the making of a child protection order, the applicant must give notice to—

(a) the person specified in the order under section 37(2)(a) (unless the person is the applicant),

(b) the child in respect of whom it is made,

(d) the relevant local authority for the child (unless the local authority is the applicant),

(e) the Principal Reporter,

(f) any other person to whom the applicant is required to give notice under rules of court.

(2) Where the Principal Reporter receives notice under subsection (1)(e), the Principal Reporter must give notice of the making of the order to any person (other than a relevant person in relation to the child) who the Principal Reporter considers to have (or to recently have had) a significant involvement in the upbringing of the child.

Obligations of local authority

44

(1) This section applies where, by virtue of a child protection order, a child is removed to a place of safety provided by a local authority.

(2) Subject to the child protection order, the local authority has the same duties towards the child as the local authority would have by virtue of section 17 of the 1995 Act if the child were looked after by the local authority.

Review by children's hearing of certain orders

Review by children’s hearing where child in place of safety

45

(1) This section applies where—

(a) a child protection order is in force in respect of a child,

(b) the child has been taken to a place of safety by virtue of the order, and

(c) the Principal Reporter has not received notice under section 49 of an application to the sheriff to terminate or vary the order.

(2) The Principal Reporter must arrange a children's hearing.

(3) The Principal Reporter must arrange for the children's hearing to take place on the second working day after the day on which the child is taken to the place of safety.

Review by children’s hearing where order prevents removal of child

46

(1) This section applies where—

(a) a child protection order is in force in respect of a child,

(b) the order authorises the prevention of the removal of the child from a place, and

(c) the Principal Reporter has not received notice under section 49 of an application to the sheriff to terminate or vary the order.

(2) The Principal Reporter must arrange a children's hearing.

(3) The Principal Reporter must arrange for the children's hearing to take place on the second working day after the day on which the child protection order is made.

Decision of children's hearing

Decision of children’s hearing

47

(1) A children's hearing arranged under section 45 or 46 may—

(a) if it is satisfied that the conditions for making the order are met—

(i) continue the order, or

(ii) continue and vary the order (including by terminating, varying or including an information non-disclosure direction, a contact direction or a parental responsibilities and rights direction), or

(b) if it is not satisfied that those conditions are met, terminate the order.

(2) In subsection (1), the “conditions for making the order” are—

(a) where the order was made under section 38, the matters mentioned in subsection (2)(a) to (d) of that section,

(b) where the order was made under section 39, the matters mentioned in subsection (2)(a) and (b) of that section.

Variation or termination of order by sheriff

Application for variation or termination

48

(1) An application may be made by any of the following persons to the sheriff to vary a child protection order—

(a) the child in respect of whom the order is made,

(b) a relevant person in relation to the child,

(c) a person not falling within paragraph (b) who has (or recently had) a significant involvement in the upbringing of the child,

(d) the person who applied for the child protection order,

(e) the person specified in the child protection order under section 37(2)(a),

(f) the Principal Reporter,

(g) any other person prescribed by rules of court.

(2) An application may be made by any of the persons mentioned in subsection (1)(a) to (g) (other than the Principal Reporter) to the sheriff to terminate a child protection order.

(3) An application under this section may be made only—

(a) before the commencement of a children's hearing arranged under section 45 or 46, or

(b) if the children's hearing arranged under section 45 or 46 continues the child protection order (with or without variation), within 2 working days after the day on which the child protection order is continued.

Notice of application for variation or termination

49

A person applying under section 48 for variation or termination must, as soon as practicable after making the application, give notice of it to—

(a) the person who applied for the child protection order (unless the person is the applicant),

(b) the person specified in the child protection order under section 37(2)(a) (unless the person is the applicant),

(d) each relevant person in relation to the child (unless the relevant person is the applicant),

(e) the relevant local authority for the child (unless the local authority is the applicant),

(f) the Principal Reporter (unless the Principal Reporter is the applicant), and

(g) any other person to whom the applicant is required to give notice under rules of court.

Children’s hearing to provide advice to sheriff in relation to application

50

The Principal Reporter may arrange a children's hearing for the purpose of providing any advice the children's hearing may consider appropriate to assist the sheriff in the determination of an application under section 48.

Determination by sheriff

51

(1) This section applies where an application is made under section 48 in relation to a child protection order.

(2) The sheriff must, before determining the application, give the following persons an opportunity to make representations—

(a) the applicant,

(b) the child in respect of whom the child protection order is made,

(d) any person not falling within paragraph (c) who the sheriff considers to have (or to recently have had) a significant involvement in the upbringing of the child,

(e) the applicant for the child protection order,

(f) the relevant local authority for the child (if the authority did not apply for the child protection order),

(g) the Principal Reporter.

(3) The application must be determined within 3 working days after the day on which it is made.

(4) The child protection order ceases to have effect at the end of that period if the application is not determined within that period.

(5) The sheriff may—

(a) terminate the child protection order if the sheriff is not satisfied of—

(i) where the order was made under section 38, the matters mentioned in subsection (2)(a) to (d) of that section, or

(ii) where the order was made under section 39, the matters mentioned in subsection (2)(a) and (b) of that section,

(b) vary the child protection order (including by terminating, varying or including an information non-disclosure direction, a contact direction or a parental responsibilities and rights direction), or

(6) If the sheriff orders that the child protection order is to be terminated, the order ceases to have effect at the end of the hearing before the sheriff.

Termination of order

Automatic termination of order

52

(1) This section applies where a child protection order contains an authorisation of the type mentioned in section 37(2)(b).

(2) The order ceases to have effect at the end of the period of 24 hours beginning with the making of the order if the person specified in the order under section 37(2)(a) has not attempted to implement it within that period.

(3) The order ceases to have effect at the end of the period of 6 days beginning with the making of the order if the child to whom the order relates has not been removed to a place of safety within that period.

Power of Principal Reporter to terminate order

53

(1) If the Principal Reporter is satisfied that the conditions for the making of a child protection order in respect of a child are no longer satisfied, the Principal Reporter may terminate the order by giving notice to—

(a) the person specified in the order under section 37(2)(a), or

(b) where there is no such person specified, the applicant for the order.

(2) If the Principal Reporter is satisfied that the conditions for including a relevant direction in a child protection order in respect of a child are no longer satisfied, the Principal Reporter may vary the child protection order so as to terminate the direction by giving notice to—

(a) the person specified in the order under section 37(2)(a), or

(b) where there is no such person specified, the applicant for the order.

(3) A relevant direction is—

(a) an information non-disclosure direction,

(b) a contact direction,

(4) The Principal Reporter may not terminate or vary the order if—

(a) a children's hearing arranged under section 45 or 46 has commenced, or

(b) proceedings before the sheriff in relation to an application under section 48 have commenced.

(5) Where the Principal Reporter terminates or varies a child protection order under subsection (1), the Principal Reporter must notify the sheriff who granted the order.

Termination of order after maximum of 8 working days

54

A child protection order in respect of a child ceases to have effect on the earliest of—

(a) the beginning of a children's hearing arranged under section 69 in relation to the child,

(b) the person specified in the order under section 37(2)(a) or, where there is no such person specified, the applicant for the order receiving notice under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the child will not be referred to a children's hearing,

(c) where the order contains an authorisation of the type mentioned in section 37(2)(b), the end of the period of 8 working days beginning on the day after the day on which the child was removed to a place of safety, or

(d) where the order does not contain such an authorisation, the end of the period of 8 working days beginning on the day after the day on which the order was made.

Other emergency measures

Application to justice of the peace

55

(1) A person may apply to a justice of the peace for an order in respect of a child—

(a) requiring any person in a position to do so to produce the child to a specified person,

(b) authorising the removal of the child by the specified person to a place of safety and the keeping of the child in that place,

(2) A justice of the peace may make an order under this section if—

(a) the justice of the peace is satisfied of—

(i) in a case where the applicant for the order is a local authority, the matters mentioned in section 38(2)(a) to (d), or

(ii) in a case where the applicant for the order is a local authority or any other person, the matters mentioned in section 39(2)(a) and (b), and

(b) the justice of the peace is satisfied that it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.

(3) As soon as practicable after the making of the order, the applicant must inform—

(a) the Principal Reporter,

(b) the person specified in the order under subsection (1)(a) (unless the person is the applicant).

(4) The order ceases to have effect at the end of the period of 12 hours beginning with the making of the order if—

(a) where the order authorises the removal of the child to a place of safety, the child has not been taken, or is not being taken, to that place within that period,

(b) where the order authorises the prevention of the removal of the child from a place where the child is staying, arrangements have not been made within that period to prevent that removal.

(5) Otherwise, the order ceases to have effect on the earlier of—

(a) the end of the period of 24 hours beginning with the making of the order, or

(b) the determination by the sheriff of an application to the sheriff for a child protection order in respect of the child.

(6) The Principal Reporter may, by giving notice to the applicant, terminate the order if—

(a) the Principal Reporter is satisfied that the conditions for the making of an order under this section are no longer satisfied, or

(b) the Principal Reporter is satisfied that it is no longer in the best interests of the child for the order to continue to have effect.

(7) In subsection (1), “specified” means specified in the order.

Constable’s power to remove child to place of safety

56

(1) A constable may remove a child to a place of safety and keep the child there if—

(a) the constable is satisfied—

(i) of the matters mentioned in section 39(2)(a), and

(ii) that the removal of the child is necessary to protect the child from the harm mentioned there or from further harm, and

(b) it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.

(2) As soon as practicable after a constable removes a child under this section, the constable must inform the Principal Reporter.

(3) The child may not be kept in a place of safety under this section for a period of more than 24 hours.

(4) The child may not be kept in a place of safety under this section if—

(a) a child protection order is in force in respect of the child, or

(b) an application has been made to the sheriff for a child protection order or to a justice of the peace for an order under section 55 on the basis of the facts before the constable and that application has been refused.

(5) The Principal Reporter may, by giving notice to the constable, require the constable to release the child if—

(a) the Principal Reporter is satisfied that the conditions for placing the child in a place of safety under this section are no longer satisfied, or

(b) the Principal Reporter is satisfied that it is no longer in the best interests of the child to be kept in a place of safety.

Sections 55 and 56: regulations

57

(1) The Scottish Ministers may by regulations make further provision in respect of a child removed to or kept in a place of safety—

(a) under an order under section 55,

(b) under section 56.

(2) In particular, the regulations may require notice to be given to a person specified in the regulations of—

(a) the removal of the child to the place of safety,

(b) the location of the place of safety,

Implementation of orders: welfare of child

58

(1) An applicant for (and any other person specified in) an order mentioned in subsection (2) may only take such steps to implement the order as the applicant (or other person) reasonably believes are necessary to safeguard or promote the welfare of the child.

(2) The orders are—

(a) a child assessment order,

(b) a child protection order,

Offences

59

(1) A person who intentionally obstructs—

(a) a person acting under a child assessment order,

(b) a person acting under a child protection order,

(d) a constable acting under section 56(1),

commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 6 — Investigation and referral to children's hearing

Provision of information to Principal Reporter

Local authority’s duty to provide information to Principal Reporter

60

(1) If a local authority considers that it is likely that subsection (2) applies in relation to a child in its area, it must make all necessary inquiries into the child's circumstances.

(2) This subsection applies where the local authority considers—

(a) that the child is in need of protection, guidance, treatment or control, and

(b) that it might be necessary for a compulsory supervision order to be made in relation to the child.

(3) Where subsection (2) applies in relation to a child the local authority must give any information that it has about the child to the Principal Reporter.

Constable’s duty to provide information to Principal Reporter

61

(1) This section applies where a constable considers—

(a) that a child is in need of protection, guidance, treatment or control, and

(b) that it might be necessary for a compulsory supervision order to be made in relation to the child.

(2) The constable must give the Principal Reporter all relevant information which the constable has been able to discover in relation to the child.

(3) If the constable makes a report under section 20(1)(d) of the Police and Fire Reform (Scotland) Act 2012 (asp 8) in relation to the child, the constable must also make the report to the Principal Reporter.

Provision of information by court

62

(1) This section applies where, in the course of relevant proceedings, a court considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) might apply in relation to a child.

(2) The court may refer the matter to the Principal Reporter.

(3) If the court refers the matter under subsection (2) it must give the Principal Reporter a section 62 statement.

(4) A section 62 statement is a statement—

(a) specifying which of the section 67 grounds the court considers might apply in relation to the child,

(b) setting out the reasons why the court considers that the ground might apply, and

(5) In this section “relevant proceedings” means—

(a) an action for divorce,

(b) an action for separation,

(d) an action for declarator of nullity of marriage,

(e) an action for dissolution of a civil partnership,

(f) an action for separation of civil partners,

(g) an action for declarator of nullity of a civil partnership,

(h) an action for declarator of parentage,

(i) an action for declarator of non-parentage,

(j) proceedings relating to parental responsibilities or parental rights,

(k) an application for an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)),

(l) an application for the making, variation or revocation of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007) in respect of a child who is not subject to a compulsory supervision order, ...

(m) proceedings relating to an offence under any of the following sections of the Education (Scotland) Act 1980 (c.44)—

(i) section 35 (failure by parent to secure regular attendance by child at a public school),

(ii) section 41 (failure to comply with attendance order),

(iii) section 42(3) (failure to permit examination of child).

(n) an application for the making, variation, recall or extension of—

(i) a forced marriage protection order (as defined in section 1(6) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)), or

(ii) an interim forced marriage protection order (as defined in section 5(2) of that Act),

(o) civil proceedings in which a court makes an order such as is mentioned in sub-paragraph (i) or (ii) of paragraph (n) by virtue of section 4(1) of that Act (power to make order without application), or

(p) proceedings relating to an offence under section 9(1) of that Act (offence of breaching order).

Provision of evidence from certain criminal cases

63

(1) The Lord Advocate may direct that in any specified case or class of case evidence lawfully obtained in the investigation of a crime or suspected crime must be given to the Principal Reporter.

(2) The evidence must in that case, or in a case of that class, be given to the Principal Reporter even if the Principal Reporter has not made a request under section 172.

Provision of information by other persons

64

(1) This section applies where a person considers—

(a) that a child is in need of protection, guidance, treatment or control, and

(b) that it might be necessary for a compulsory supervision order to be made in relation to the child.

(2) The person may give the Principal Reporter all relevant information which the person has in relation to the child.

Provision of information by constable: child in place of safety

65

(1) Subsection (2) applies where the Principal Reporter is informed under subsection (2) of section 53 of the Criminal Justice (Scotland) Act 2016 that a child is being kept in a place of safety under subsection (3) of that section.

(2) The Principal Reporter may direct—

(a) that the child be released from the place of safety, or

(b) that the child continue to be kept in a place of safety until the Principal Reporter makes a determination under section 66(2).

Investigation and determination by Principal Reporter

66

(1) This section applies where—

(a) the Principal Reporter receives in relation to a child—

(i) notice under section 43 of the making of a child protection order,

(ii) information from a local authority under section 60,

(iii) information or a report from a constable under section 61,

(iv) a section 62 statement,

(v) evidence under section 63,

(vi) information from a person under section 64,

(vii) information under section 53 of the Criminal Justice (Scotland) Act 2016, or

(viii) a reference from a court under section 48(1) of the Criminal Procedure (Scotland) Act 1995 (c.46)

(b) it appears to the Principal Reporter that a child might be in need of protection, guidance, treatment or control.

(2) The Principal Reporter must determine—

(a) whether the Principal Reporter considers that a section 67 ground applies in relation to the child, and

(b) if so, whether the Principal Reporter considers that it is necessary for a compulsory supervision order to be made in respect of the child.

(2A) In a case where a certificate is supplied under section 48(1) of the Criminal Procedure (Scotland) Act 1995, the Principal Reporter is deemed to have determined under subsection (2)(a) that the Principal Reporter considers that a section 67 ground applies in relation to the child.

(3) The Principal Reporter may make any further investigations relating to the child that the Principal Reporter considers necessary.

(4) The Principal Reporter may require a local authority to give the Principal Reporter a report on—

(a) the child generally,

(b) any particular matter relating to the child specified by the Principal Reporter.

(5) A local authority may include in a report given to the Principal Reporter under subsection (4) information given to the local authority by another person.

(6) The report may contain information in addition to any information given to the Principal Reporter under section 60.

Meaning of “section 67 ground”

67

(1) In this Act “section 67 ground”, in relation to a child, means any of the grounds mentioned in subsection (2).

(2) The grounds are that—

(a) the child is likely to suffer unnecessarily, or the health or development of the child is likely to be seriously impaired, due to a lack of parental care,

(b) a schedule 1 offence has been committed in respect of the child,

(d) the child is, or is likely to become, a member of the same household as a child in respect of whom a schedule 1 offence has been committed,

(e) the child is being, or is likely to be, exposed to persons whose conduct is (or has been) such that it is likely that—

(i) the child will be abused or harmed, or

(ii) the child's health, safety or development will be seriously adversely affected,

(f) the child has, or is likely to have, a close connection with a person who has carried out domestic abuse,

(g) the child has, or is likely to have, a close connection with a person who has committed an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009 (asp 9),

(h) the child is being provided with accommodation by a local authority under section 25 of the 1995 Act and special measures are needed to support the child,

(i) a permanence order is in force in respect of the child and special measures are needed to support the child,

(j) the child has committed an offence,

(k) the child has misused alcohol,

(l) the child has misused a drug (whether or not a controlled drug),

(m) the child's conduct has had, or is likely to have, a serious adverse effect on the health, safety or development of the child or another person,

(n) the child is beyond the control of a relevant person,

(o) the child has failed without reasonable excuse to attend regularly at school,

(p) the child—

(i) has been, is being, or is likely to be, subjected to physical, emotional or other pressure to enter into a ... civil partnership, or

(ii) is, or is likely to become, a member of the same household as such a child.

(q) the child—

(i) has been, is being or is likely to be forced into a marriage (that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)) or,

(ii) is, or is likely to become, a member of the same household as such a child.

(3) For the purposes of paragraphs (c), (f) and (g) of subsection (2), a child is to be taken to have a close connection with a person if—

(a) the child is a member of the same household as the person, or

(b) the child is not a member of the same household as the person but the child has significant contact with the person.

(4) The Scottish Ministers may by order—

(a) amend subsection (2) by—

(i) adding a ground,

(ii) removing a ground for the time being mentioned in it, or

(iii) amending a ground for the time being mentioned in it, and

(b) make such other amendments of this section as appear to the Scottish Ministers to be necessary or expedient in consequence of provision made under paragraph (a).

(5) An order under subsection (4) is subject to the affirmative procedure.

(6) In this section—

“controlled drug” means a controlled drug as defined in section 2(1)(a) of the Misuse of Drugs Act 1971 (c.38),

“permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

“schedule 1 offence” means an offence mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (c.46) (offences against children under 17 years of age to which special provisions apply).

Determination under section 66: no referral to children’s hearing

68

(1) This section applies where, having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that—

(a) none of the section 67 grounds applies in relation to the child, or

(b) it is not necessary for a compulsory supervision order to be made in respect of the child.

(2) If the child is being kept in a place of safety under section 65(2)(b) the Principal Reporter must direct that the child be released from the place of safety.

(3) The Principal Reporter—

(a) must inform the persons mentioned in subsection (4) of the determination and the fact that the question of whether a compulsory supervision order should be made in respect of the child will not be referred to a children's hearing, and

(b) may, if the Principal Reporter considers it appropriate, inform any other person of the determination and that fact.

(3A) The Principal Reporter may not, under subsection (3)(b), provide information to a person who is entitled to request that information under section 179A(3).

(4) Those persons are—

(a) the child,

(b) each relevant person in relation to the child,

(d) any person specified in a child protection order in force in relation to the child under section 37(2)(a),

(e) any person who has given the Principal Reporter—

(i) notice under section 43 of a child protection order,

(ii) information under section 60, 61, 64 or 66,

(iii) a report under section 61 or 66,

(iv) a section 62 statement,

(v) evidence under section 63, or

(vi) information under section 53 of the Criminal Justice (Scotland) Act 2016 .

(5) The Principal Reporter may refer the child to—

(a) the relevant local authority for the child with a view to the authority providing (or making arrangements for the provision by another person or body of) advice, guidance and assistance to the child and the child's family in accordance with Chapter 1 of Part 2 of the 1995 Act (support for children and their families),

(b) such other person or body as may be specified by the Scottish Ministers by order for the purposes of this subsection, with a view to that person or body providing advice, guidance and assistance to the child and the child's family.

(6) After complying with the requirements imposed by subsection (3)(a), the Principal Reporter must not refer the question of whether a compulsory supervision order should be made in respect of the child to a children's hearing unless the Principal Reporter receives new information about the child.

Determination under section 66: referral to children’s hearing

69

(1) This section applies where, having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that it is necessary for a compulsory supervision order to be made in respect of the child.

(2) The Principal Reporter must arrange a children's hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

(3) If—

(a) the determination under section 66(2) is made following the Principal Reporter receiving information under section 53 of the Criminal Justice (Scotland) Act 2016, and

(b) at the time the determination is made the child is being kept in a place of safety,

the children's hearing must be arranged to take place no later than the third day after the Principal Reporter receives the information mentioned in paragraph (a).

(4) If the Principal Reporter has required a local authority to give the Principal Reporter a report under section 66(4), the Principal Reporter may request additional information from the local authority.

(5) If the Principal Reporter has not required a local authority to give the Principal Reporter a report under section 66(4), the Principal Reporter must require a local authority to give the Principal Reporter a report under that section.

Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

70

(1) This section applies where—

(a) under section 12(1A) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) the sheriff requires the Principal Reporter to arrange a children's hearing in respect of a child, and

(b) a compulsory supervision order is not in force in relation to the child.

(2) This Act applies as if—

(a) the requirement of the sheriff were a determination of the sheriff under section 108 that the section 67 ground specified in the statement given to the Principal Reporter under section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004 was established in relation to the child, and

(b) the sheriff had directed the Principal Reporter under section 108(2) to arrange a children's hearing.

Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

71

(1) This section applies where under section 49 of the Criminal Procedure (Scotland) Act 1995 (c.46)—

(a) a court remits a case to the Principal Reporter to arrange for the disposal of the case by a children's hearing, and

(b) a compulsory supervision order is not in force in relation to the child or person whose case is remitted.

(2) A certificate signed by the clerk of the court stating that the child or person whose case is remitted has pled guilty to, or been found guilty of, the offence to which the case relates is conclusive evidence for the purposes of the children's hearing that the offence was committed by the child or person.

(3) This Act applies as if—

(a) the plea of guilty, or the finding of guilt, were a determination of the sheriff under section 108 that the ground in section 67(2)(j) was established in relation to the child, and

(b) the sheriff had directed the Principal Reporter under section 108(2) to arrange a children's hearing.

Child in place of safety: Principal Reporter’s powers

72

(1) Subsection (2) applies where—

(a) the Principal Reporter is required by section 69(2) to arrange a children's hearing in relation to a child, and

(b) the child is being kept in a place of safety under section 65(2)(b).

(2) The Principal Reporter may direct—

(a) that the child be released from the place of safety, or

(b) that the child continue to be kept in a place of safety until the children's hearing.

Part 7 — Attendance at children's hearing

Child’s duty to attend children’s hearing

73

(1) This section applies where by virtue of this Act a children's hearing is, or is to be, arranged in relation to a child.

(2) The child must attend the children's hearing unless the child is excused under subsection (3) or rules under section 177.

(3) A children's hearing may excuse the child from attending all or part of the children's hearing if the children's hearing is satisfied that—

(a) the hearing relates to the ground mentioned in section 67(2)(b), (c), (d) or (g) and the attendance of the child at the hearing, or that part of the hearing, is not necessary for a fair hearing,

(b) the attendance of the child at the hearing, or that part of the hearing, would place the child's physical, mental or moral welfare at risk, or

(c) taking account of the child's age and maturity, the child would not be capable of understanding what happens at the hearing or that part of the hearing.

(4) Where the children's hearing is a grounds hearing, the children's hearing may excuse the child from attending during an explanation given in compliance with section 90(1) only if it is satisfied that, taking account of the child's age and maturity, the child would not be capable of understanding the explanation.

Relevant person’s duty to attend children’s hearing

74

(1) This section applies where by virtue of this Act a children's hearing is, or is to be, arranged in relation to a child.

(2) Each relevant person in relation to the child who is notified of the children's hearing by virtue of rules under section 177 must attend the children's hearing unless the relevant person is—

(a) excused under subsection (3) or rules under section 177, or

(b) excluded from the children's hearing under section 76(2).

(3) A children's hearing may excuse a relevant person from attending all or part of the children's hearing if the children's hearing is satisfied that—

(a) it would be unreasonable to require the relevant person's attendance at the hearing or that part of the hearing, or

(b) the attendance of the relevant person at the hearing, or that part of the hearing, is unnecessary for the proper consideration of the matter before the hearing.

(4) A relevant person who is required to attend a children's hearing under subsection (2) and fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Power to proceed in absence of relevant person

75

(1) This section applies where a relevant person in relation to a child is required by section 74(2) to attend a children's hearing and fails to do so.

(2) The children's hearing may, if it considers it appropriate to do so, proceed with the children's hearing in the relevant person's absence.

Power to exclude relevant person from children’s hearing

76

(1) This section applies where a children's hearing is satisfied that the presence at the hearing of a relevant person in relation to the child—

(a) is preventing the hearing from obtaining the views of the child, or

(b) is causing, or is likely to cause, significant distress to the child.

(2) The children's hearing may exclude the relevant person from the children's hearing for as long as is necessary.

(3) After the exclusion has ended, the chairing member of the children's hearing must explain to the relevant person what has taken place in the relevant person's absence.

Power to exclude relevant person’s representative from children’s hearing

77

(1) This section applies where a children's hearing is satisfied that the presence at the hearing of a representative of a relevant person in relation to the child—

(a) is preventing the hearing from obtaining the views of the child, or

(b) is causing, or is likely to cause, significant distress to the child.

(2) The children's hearing may exclude the representative from the children's hearing for as long as is necessary.

(3) After the exclusion has ended, the chairing member of the children's hearing must explain to the representative what has taken place in the representative's absence.

Rights of certain persons to attend children’s hearing

78

(1) The following persons have a right to attend a children's hearing—

(a) the child (whether or not the child has been excused from attending),

(b) a person representing the child,

(d) a person representing a relevant person in relation to the child (unless that person is excluded under section 77(2)),

(e) the Principal Reporter,

(f) if a safeguarder is appointed under this Act in relation to the child, the safeguarder,

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) a member of an area support team (acting in that person's capacity as such),

(i) subject to subsection (5), a representative of a newspaper or news agency.

(2) No other person may attend a children's hearing unless—

(a) the person's attendance at the hearing is considered by the chairing member of the children's hearing to be necessary for the proper consideration of the matter before the children's hearing,

(b) the person is otherwise granted permission to attend by the chairing member of the children's hearing, or

(3) The chairing member may not grant permission to a person under subsection (2)(b) if the child or a relevant person in relation to the child objects to the person attending the children's hearing.

(4) The chairing member must take all reasonable steps to ensure that the number of persons present at a children's hearing at the same time is kept to a minimum.

(5) The children's hearing may exclude a representative of a newspaper or news agency from any part of the hearing where it is satisfied that—

(a) it is necessary to do so to obtain the views of the child, or

(b) the presence of that person is causing, or is likely to cause, significant distress to the child.

(6) Where a person is excluded under subsection (5), after the exclusion has ended, the chairing member may explain to the person, where appropriate to do so, the substance of what has taken place in the person's absence.

(7) In this section “children’s hearing” includes a pre-hearing panel.

Part 8 — Pre-hearing panel

Referral of certain matters for pre-hearing determination

79

(1) Subsections (2) to (5) apply where a children's hearing is to be held in relation to a child by virtue of section 69(2) or Part 9 to 11 or 13.

(1A) Subsection (5A) applies (in addition to subsections (2) to (5)) where the children's hearing is—

(a) a subsequent children's hearing under Part 11, or

(b) held for the purposes of reviewing a compulsory supervision order.

(2) The Principal Reporter—

(a) must refer the matter of whether a particular individual should be deemed to be a relevant person in relation to the child for determination by three members of the Children's Panel selected by the National Convener (a “pre-hearing panel”) if requested to do so by—

(i) the individual in question,

(ii) the child, or

(iii) a relevant person in relation to the child,

(b) may refer that matter for determination by a pre-hearing panel on the Principal Reporter's own initiative,

(ba) must, if requested to do so by an individual, refer for determination by a pre-hearing panel the matter of whether the individual meets the criteria specified in rules under section 177 to be afforded the rights mentioned in subsection (5ZA) in relation to the children's hearing,

(bb) must refer for determination by a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual if—

(i) the individual has requested a review of a compulsory supervision order under that section, and

(ii) the Principal Reporter is not satisfied that the subsection applies to the individual.

(i) on the Principal Reporter's own initiative, or

(ii) following a request to the Principal Reporter from the child, a relevant person in relation to the child, or if a safeguarder has been appointed for the child, the safeguarder.

(3) Those matters are—

(a) whether the child should be excused from attending the children's hearing,

(b) whether a relevant person in relation to the child should be excused from attending the children's hearing,

(c) whether it is likely that the children's hearing will consider making a compulsory supervision order including a secure accommodation authorisation in relation to the child,

(d) a matter specified in rules under section 177(2)(a).

(4) For the purposes of subsection (3)(a), the pre-hearing panel may excuse the child from attending the children's hearing only if—

(a) the pre-hearing panel is satisfied that any of paragraphs (a) to (c) of section 73(3) applies, or

(b) the child may be excused under rules under section 177.

(5ZA) The rights referred to in subsection (2)(ba) are the following rights, as provided for in rules under section 177 and subject to such conditions and limitations as the rules specify—

(a) the right to be notified of the hearing,

(b) the right to provide a report or other document to the hearing,

(d) authorisation to attend the hearing,

(e) the right to be represented at the hearing.

(5) For the purposes of subsection (3)(b), the pre-hearing panel may excuse a relevant person in relation to the child from attending the children's hearing only if—

(a) the pre-hearing panel is satisfied that section 74(3)(a) or (b) applies, or

(b) the relevant person may be excused under rules under section 177.

(5A) The Principal Reporter—

(a) must refer the matter of whether an individual deemed to be a relevant person by virtue of section 81 should continue to be deemed to be a relevant person in relation to the child for determination by a pre-hearing panel if requested to do so by—

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