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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

(i) the individual so deemed,

(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.

(6) A member of the Children's Panel selected for a pre-hearing panel may (but need not) be a member of the children's hearing.

Determination of matter referred under section 79

80

(1) This section applies where the Principal Reporter refers a matter to a pre-hearing panel under section 79(2) or (5A).

(2) The Principal Reporter must arrange a meeting of the pre-hearing panel for a date before the date fixed for the children's hearing.

(3) If it is not practicable for the Principal Reporter to comply with subsection (2), the children's hearing must determine the matter referred at the beginning of the children's hearing.

Determination of claim that person be deemed a relevant person

81

(1) This section applies where a matter mentioned in section 79(2)(a) (a “relevant person claim”) is referred to a meeting of a pre-hearing panel.

(2) Where the relevant person claim is referred along with any other matter, the pre-hearing panel must , unless that other matter is a matter mentioned in section 79(5A)(a) determine the relevant person claim before determining the other matter.

(3) The pre-hearing panel must deem the individual to be a relevant person if it considers that the individual has (or has recently had) a significant involvement in the upbringing of the child.

(4) Where the pre-hearing panel deems the individual to be a relevant person, the individual is to be treated as a relevant person for the purposes of Parts 7 to 15, 17 and 18 in so far as they relate to—

(a) the children's hearing,

(b) any subsequent children's hearing under Part 11,

(d) any compulsory supervision order, interim compulsory supervision order, medical examination order, or warrant to secure attendance made by—

(i) a hearing mentioned in paragraph (a) or (b),

(ii) the sheriff in any court proceedings falling within paragraph (f),

(e) any children's hearing held for the purposes of reviewing a compulsory supervision order falling within paragraph (d),

(f) any court proceedings held in connection with a hearing mentioned in paragraph (a), (b) or (e),

(g) any court proceedings held in connection with an order or warrant falling within paragraph (d),

(h) the implementation of an order or warrant falling within paragraph (d).

(5) The Scottish Ministers may by order—

(a) amend subsection (3),

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

(i) section 43,

(ii) section 48,

(iii) section 51,

(iv) this section,

(iva) section 81A,

(v) section 142.

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

(7) Where, by virtue of section 80(3), the children's hearing is to determine the relevant person claim, references in subsections (2) to (4) (other than paragraph (c) of subsection (4)) to the pre-hearing panel are to be read as references to the children's hearing.

Appointment of safeguarder

82

(1) A pre-hearing panel may appoint a safeguarder for the child to whom the children's hearing relates.

(2) A pre-hearing panel must record an appointment made under subsection (1).

(3) If a pre-hearing panel appoints a safeguarder, it must give reasons for the decision.

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

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

Part 9 — Children's hearing

Key definitions

Meaning of “compulsory supervision order”

83

(1) In this Act, “compulsory supervision order”, in relation to a child, means an order—

(a) including any of the measures mentioned in subsection (2),

(b) specifying a local authority which is to be responsible for giving effect to the measures included in the order (the “implementation authority”), and

(2) The measures are—

(a) a requirement that the child reside at a specified place,

(b) a direction authorising the person who is in charge of a place specified under paragraph (a) to restrict the child's liberty to the extent that the person considers appropriate having regard to the measures included in the order,

(d) a movement restriction condition,

(e) a secure accommodation authorisation,

(f) subject to section 186, a requirement that the implementation authority arrange—

(i) a specified medical or other examination of the child, or

(ii) specified medical or other treatment for the child,

(g) a direction regulating contact between the child and a specified person or class of person,

(h) a requirement that the child comply with any other specified condition,

(i) a requirement that the implementation authority carry out specified duties in relation to the child.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A compulsory supervision order may include a movement restriction condition only if—

(a) one or more of the conditions mentioned in subsection (6) applies, and

(b) the children's hearing or, as the case may be, the sheriff is satisfied that it is necessary to include a movement restriction condition in the order.

(5) A compulsory supervision order may include a secure accommodation authorisation only if—

(a) the order contains a requirement of the type mentioned in subsection (2)(a) which requires the child to reside at—

(i) a residential establishment which contains both secure accommodation and accommodation which is not secure accommodation, or

(ii) two or more residential establishments, one of which contains accommodation which is not secure accommodation,

(b) one or more of the conditions mentioned in subsection (6) applies, and

(c) having considered the other options available (including a movement restriction condition) the children's hearing or, as the case may be, the sheriff is satisfied that it is necessary to include a secure accommodation authorisation in the order.

(6) The conditions are—

(a) that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child's physical, mental or moral welfare would be at risk,

(b) that the child is likely to engage in self-harming conduct,

(7) In subsection (1), “relevant period” means the period beginning with the making of the order and ending with—

(a) where the order has not been continued, whichever of the following first occurs—

(i) the day one year after the day on which the order is made,

(ii) the day on which the child attains the age of 18 years,

(b) where the order has been continued, whichever of the following first occurs—

(i) the end of the period for which the order was last continued,

(ii) the day on which the child attains the age of 18 years.

(8) In subsection (2)—

“medical” includes psychological,

“specified” means specified in the order.

Meaning of “movement restriction condition”

84

In this Act, “movement restriction condition”, in relation to a child, means—

(a) a restriction on the child's movements in a way specified in the movement restriction condition, and

(b) a requirement that the child comply with arrangements specified in the movement restriction condition for monitoring compliance with the restriction.

Meaning of “secure accommodation authorisation”

85

In this Act, “secure accommodation authorisation”, in relation to a child, means an authorisation enabling the child to be placed and kept in secure accommodation within a residential establishment.

Meaning of “interim compulsory supervision order”

86

(1) In this Act “interim compulsory supervision order”, in relation to a child, means an order—

(a) including any of the measures mentioned in section 83(2),

(b) specifying a local authority which is to be responsible for giving effect to the measures included in the order (“the implementation authority”), and

(2) An interim compulsory supervision order may, instead of specifying a place or places at which the child is to reside under section 83(2)(a), specify that the child is to reside at any place of safety away from the place where the child predominantly resides.

(3) In subsection (1), “relevant period” means the period beginning with the making of the order and ending with whichever of the following first occurs—

(a) the next children's hearing arranged in relation to the child,

(b) the disposal by the sheriff of an application made by virtue of section 93(2)(a) or 94(2)(a) in relation to the child,

(d) where the order has not been extended under section 98 or 99, the expiry of the period of 22 days beginning on the day on which the order is made,

(e) where the order has been extended (or extended and varied) under section 98 or 99, the expiry of the period of 22 days beginning on the day on which the order is extended.

(4) Subsections (3) to (6) (except subsection (5)(a)) of section 83 apply to an interim compulsory supervision order as they apply to a compulsory supervision order.

Meaning of “medical examination order”

87

(1) In this Act “medical examination order”, in relation to a child, means an order authorising for the relevant period any of the measures mentioned in subsection (2).

(2) The measures are—

(a) a requirement that the child attend or reside at a specified clinic, hospital or other establishment,

(b) subject to section 186, a requirement that a specified local authority arrange a specified medical examination of the child,

(d) a secure accommodation authorisation,

(e) a direction regulating contact between the child and a specified person or class of person,

(f) any other specified condition appearing to the children's hearing to be appropriate for the purposes of ensuring that the child complies with the order.

(3) A medical examination order may include a secure accommodation authorisation only if—

(a) the order authorises the keeping of the child in a residential establishment,

(b) one of the conditions mentioned in subsection (4) applies, and

(4) The conditions are—

(a) that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child's physical, mental or moral welfare would be at risk,

(b) that the child is likely to engage in self-harming conduct,

(5) In this section—

“medical” includes psychological,

“relevant period”, in relation to a medical examination order, means the period beginning with the making of the order and ending with whichever of the following first occurs—the beginning of the next children's hearing arranged in relation to the child,a day specified in the order,the expiry of the period of 22 days beginning on the day on which the order is made,

“specified” means specified in the order.

Meaning of “warrant to secure attendance”

88

(1) In this Act, “warrant to secure attendance”, in relation to a child, means a warrant effective for the relevant period—

(a) authorising an officer of law—

(i) to search for and apprehend the child,

(ii) to take the child to, and detain the child in, a place of safety,

(iii) to bring the child before the relevant proceedings, and

(iv) so far as is necessary for the execution of the warrant, to break open shut and lockfast places,

(b) prohibiting disclosure (whether directly or indirectly) to any person specified in the warrant of the place of safety.

(2) A warrant to secure attendance may include a secure accommodation authorisation but only if—

(a) the warrant authorises the keeping of the child in a residential establishment,

(b) one or more of the conditions mentioned in subsection (3) applies, and

(c) having considered the other options available the children's hearing or sheriff is satisfied that it is necessary to do so.

(3) The conditions are—

(a) that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child's physical, mental or moral welfare would be at risk,

(b) that the child is likely to engage in self-harming conduct,

(4) In this section—

“relevant period”, in relation to a warrant to secure attendance, means—where the warrant is granted by a children's hearing, the period beginning with the granting of the warrant and ending with the earlier of—the beginning of the relevant proceedings, orthe expiry of the period of 7 days beginning with the day on which the child is first detained in pursuance of the warrant,where the warrant is granted by the sheriff under section 103(7), the period beginning with the granting of the warrant and ending with the earlier of—the beginning of the continued hearing, orthe expiry of the period of 14 days beginning with the day on which the child is first detained in pursuance of the warrant,where the warrant is granted by the sheriff under any other provision in respect of attendance at proceedings under Part 10, the period beginning with the granting of the warrant and ending with the earlier of—the beginning of the relevant proceedings, orthe expiry of the period of 14 days beginning with the day on which the child is first detained in pursuance of the warrant,where the warrant is granted by the sheriff in respect of attendance at a children's hearing arranged by virtue of section 108, 115, 117(2)(b) or 156(3)(a), the period beginning with the granting of the warrant and ending with the earlier of—the beginning of the relevant proceedings, orthe expiry of the period of 7 days beginning with the day on which the child is first detained in pursuance of the warrant,

“relevant proceedings”, in relation to a warrant to secure attendance, means the children's hearing or, as the case may be, proceedings before the sheriff in respect of which it is granted.

Statement of grounds

Principal Reporter’s duty to prepare statement of grounds

89

(1) This section applies where the Principal Reporter is required by virtue of section 69(2) to arrange a children's hearing in relation to a child.

(2) The Principal Reporter must prepare the statement of grounds.

(3) In this Act “statement of grounds”, in relation to a child, means a statement setting out—

(a) which of the section 67 grounds the Principal Reporter believes applies in relation to the child, and

(b) the facts on which that belief is based.

Grounds hearing

Grounds to be put to child and relevant person

90

(1) At the opening of a children's hearing arranged by virtue of section 69(2) or 95(2) (the “grounds hearing”) the chairing member must—

(a) explain to the child and each relevant person in relation to the child—

(i) each section 67 ground specified in the statement of grounds, and

(ii) the supporting facts in relation to that ground,

(b) ask them whether they accept that each ground applies in relation to the child.

(1A) In relation to each ground that a person accepts applies in relation to the child, the chairing member must ask the person whether the person accepts each of the supporting facts.

(1B) Where under subsection (1A) any person does not accept all of the supporting facts in relation to a ground, the ground is taken for the purposes of this Act to be accepted at the grounds hearing only if the grounds hearing considers that—

(a) the person has accepted sufficient of the supporting facts to support the conclusion that the ground applies in relation to the child, and

(b) it is appropriate to proceed in relation to the ground on the basis of only those supporting facts which are accepted by the child and each relevant person.

(1C) Where a ground is taken to be accepted for the purposes of this Act by virtue of subsection (1B), the grounds hearing must amend the statement of grounds to delete any supporting facts in relation to the ground which are not accepted by the child and each relevant person.

(1D) In this section, “supporting facts”, in relation to a section 67 ground, means facts set out in relation to the ground by virtue of section 89(3)(b).

(2) This section is subject to section 94.

Grounds accepted: powers of grounds hearing

91

(1) This section applies where—

(a) each ground specified in the statement of grounds is accepted, or

(b) at least one of the grounds specified in the statement of grounds is accepted and the grounds hearing considers that it is appropriate to make a decision on whether to make a compulsory supervision order on the basis of the ground or grounds that have been accepted.

(2) If the grounds hearing considers that it is appropriate to do so, the grounds hearing may defer making a decision on whether to make a compulsory supervision order until a subsequent children's hearing.

(3) If the grounds hearing does not exercise the power conferred by subsection (2) the grounds hearing must—

(a) if satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child, make a compulsory supervision order, or

(b) if not so satisfied, discharge the referral.

(3A) In deciding whether to exercise the power conferred by subsection (2), the grounds hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the grounds hearing considers relevant to any matter to be determined by the subsequent children's hearing.

(4) In subsection (1), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.

Powers of grounds hearing on deferral

92

(1) This section applies where under section 91(2) the grounds hearing defers making a decision in relation to a child until a subsequent children's hearing.

(2) If the grounds hearing considers that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the grounds hearing may make an interim compulsory supervision order in relation to the child.

(3) If the grounds hearing considers that it is necessary to do so for the purpose of obtaining any further information, or carrying out any further investigation, that is needed before the subsequent children's hearing, the hearing may make a medical examination order.

Grounds not accepted: application to sheriff or discharge

93

(1) This section applies where—

(a) at least one of the grounds specified in the statement of grounds is accepted but the grounds hearing does not consider that it is appropriate to make a decision on whether to make a compulsory supervision order on the basis of the ground or grounds that have been accepted, or

(b) none of the grounds specified in the statement of grounds is accepted.

(2) The grounds hearing must—

(a) direct the Principal Reporter to make an application to the sheriff for a determination on whether each ground that is not accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child is established, or

(b) discharge the referral.

(3) Subsections (4) and (5) apply if the grounds hearing gives a direction under subsection (2)(a).

(4) The chairing member must—

(a) explain the purpose of the application to the child and (subject to sections 74 and 75) each relevant person in relation to the child, and

(b) inform the child that the child is obliged to attend the hearing before the sheriff unless excused by the sheriff.

(5) If the grounds hearing considers that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the grounds hearing may make an interim compulsory supervision order in relation to the child.

(6) An interim compulsory supervision order made under subsection (5) may not include a measure of the kind mentioned in section 83(2)(f)(i).

(7) In subsection (1), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.

Child or relevant person unable to understand grounds

94

(1) Subsection (2) applies where the grounds hearing is satisfied that the child or a relevant person in relation to the child—

(a) would not be capable of understanding an explanation given in compliance with section 90(1) in relation to a ground, or

(b) has not understood the explanation given in compliance with section 90(1) in relation to a ground.

(2) The grounds hearing must—

(a) direct the Principal Reporter to make an application to the sheriff to determine whether the ground is established, or

(b) discharge the referral in relation to the ground.

(3) In the case mentioned in subsection (1)(a), the chairing member need not comply with section 90(1) in relation to that ground as respects the person who would not be capable of understanding an explanation given in compliance with section 90(1) in relation to the ground.

(4) If the grounds hearing gives a direction under subsection (2)(a), the chairing member must—

(a) in so far as is reasonably practicable comply with the requirement in paragraph (a) of section 93(4), and

(b) comply with the requirement in paragraph (b) of that section.

(5) If the grounds hearing gives a direction under subsection (2)(a), section 93(5) applies.

Child fails to attend grounds hearing

95

(1) This section applies where—

(a) a child fails to attend a grounds hearing arranged by virtue of section 69(2) or subsection (2), and

(b) the child was not excused from attending the grounds hearing.

(2) The grounds hearing may require the Principal Reporter to arrange another grounds hearing.

(3) Subsection (4) applies where under subsection (2) the grounds hearing requires the Principal Reporter to arrange another grounds hearing.

(4) If the grounds hearing considers that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the grounds hearing may make an interim compulsory supervision order in relation to the child.

(5) An interim compulsory supervision order made under subsection (4) may not include a measure of the kind mentioned in section 83(2)(f)(i).

Children's hearing to consider need for further interim order

Children’s hearing to consider need for further interim compulsory supervision order

96

(1) This section applies where—

(a) under section 93(5) a grounds hearing makes an interim compulsory supervision order in relation to a child, and

(b) the order will cease to have effect before the disposal of the application to the sheriff to which it relates.

(2) The Principal Reporter may arrange a children's hearing for the purpose of considering whether a further interim compulsory supervision order should be made in relation to the child.

(3) If the children's hearing is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the children's hearing may make a further interim compulsory supervision order in relation to the child.

(4) The children's hearing may not make a further interim compulsory supervision order in relation to the child if it would be the third such order made under subsection (3) in consequence of the same interim compulsory supervision order made under section 93(5).

Application of Part where compulsory supervision order in force

97

(1) This Part has effect in relation to a child mentioned in subsection (2) with the modifications set out in subsections (3) to (6).

(2) The child is a child in relation to whom a compulsory supervision order is in force.

(3) References to a decision on whether to make a compulsory supervision order are to be read as references to a decision on whether to review the compulsory supervision order.

(4) Section 91 applies as if for subsections (2) and (3) there were substituted—

(2) The grounds hearing is to be treated as if it were a hearing to review the compulsory supervision order (and sections 138, 139 and 142 apply accordingly).

(5) References to an interim compulsory supervision order are to be read as references to an interim variation of the compulsory supervision order.

(6) Section 96(4) does not apply.

Part 10 — Proceedings before sheriff

Application for extension or variation of interim compulsory supervision order

98

(1) This section applies where—

(a) a child is subject to an interim compulsory supervision order (“the current order”), and

(b) either—

(i) the current order is made under section 93(5) and by virtue of section 96(4) a children's hearing would be unable to make a further interim compulsory supervision order, or

(ii) the current order is made under section 100(2).

(2) The Principal Reporter may, before the expiry of the current order, apply to the sheriff for an extension of the order.

(3) The Principal Reporter may, at the same time as applying for an extension of the current order, apply to the sheriff for the order to be varied.

(4) The current order may be extended, or extended and varied, only if the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that the current order be extended or extended and varied.

Further extension or variation of interim compulsory supervision order

99

(1) This section applies where an interim compulsory supervision order is—

(a) extended, or extended and varied, under section 98(4), or

(b) further extended, or further extended and varied, under subsection (4).

(2) The Principal Reporter may, before the expiry of the order, apply to the sheriff for a further extension of the order.

(3) The Principal Reporter may, at the same time as applying for a further extension of the order, apply to the sheriff for the order to be varied.

(4) The sheriff may further extend, or further extend and vary, the order if the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that the order be further extended or, as the case may be, further extended and varied.

Power to make interim compulsory supervision order

Sheriff’s power to make interim compulsory supervision order

100

(1) This section applies where—

(a) a child is not subject to an interim compulsory supervision order, and

(b) an application to the sheriff by virtue of section 93(2)(a) or 94(2)(a) in relation to the child has been made but not determined.

(2) If the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

Application to establish grounds

Hearing of application

101

(1) This section applies where an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a).

(2) The application must be heard not later than 28 days after the day on which the application is lodged.

(3) The application must not be heard in open court.

Jurisdiction and standard of proof: offence ground

102

(1) This section applies where an application is to be made to the sheriff to determine whether the ground mentioned in section 67(2)(j) is established in relation to a child.

(2) The application must be made to the sheriff who would have jurisdiction if the child were being prosecuted for the offence or offences.

(3) The standard of proof in relation to the ground is that which applies in criminal proceedings.

(4) It is immaterial whether the application also relates to other section 67 grounds.

Child’s duty to attend hearing unless excused

103

(1) This section applies where an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a).

(2) The child to whom the application relates must attend the hearing of the application unless the child is excused from doing so under subsection (3).

(3) The sheriff may excuse the child from attending all or part of the hearing of the application where—

(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) The child may attend the hearing of the application even if the child is excused from doing so under subsection (3).

(5) If the child is not excused from attending the hearing but the child does not attend the sheriff may grant a warrant to secure attendance in relation to the child.

(6) Subsection (7) applies if—

(a) the hearing of the application is to be continued to another day, and

(b) the sheriff is satisfied that there is reason to believe that the child will not attend on that day.

(7) The sheriff may grant a warrant to secure attendance in relation to the child.

Child and relevant person: representation at hearing

104

(1) This section applies where an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a).

(2) The child may be represented at the hearing of the application by another person.

(3) A relevant person in relation to the child may be represented at the hearing of the application by another person.

(4) A person representing the child or relevant person at the hearing need not be a solicitor or advocate.

Ground accepted before application determined

Application by virtue of section 93: ground accepted before determination

105

(1) This section applies where—

(a) an application is made to the sheriff by virtue of section 93(2)(a) in relation to a ground, and

(b) before the application is determined, the ground is accepted by the child and each relevant person in relation to the child who is present at the hearing before the sheriff.

(1A) The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.

(2) Unless the sheriff is satisfied in all the circumstances that evidence in relation to the ground should be heard, the sheriff must—

(a) dispense with hearing such evidence, and

(b) determine that the ground is established.

Application by virtue of section 94: ground accepted by relevant person before determination

106

(1) This section applies where—

(a) an application to the sheriff is made by virtue of section 94(2)(a) in relation to a ground on the basis that the child would not understand, or has not understood, an explanation given in compliance with section 90(1)(a), and

(b) before the application is determined the ground is accepted by each relevant person in relation to the child who is present at the hearing before the sheriff.

(1A) The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.

(2) The sheriff may determine the application without a hearing unless—

(a) a person mentioned in subsection (3) requests that a hearing be held, or

(b) the sheriff considers that it would not be appropriate to determine the application without a hearing.

(3) The persons are—

(a) the child,

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

(d) the Principal Reporter.

(4) If the sheriff determines the application without a hearing, the sheriff must do so before the expiry of the period of 7 days beginning with the day on which the application is made.

Withdrawal of application: termination of orders etc.

Withdrawal of application: termination of orders etc. by Principal Reporter

107

(1) This section applies where—

(a) an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a), and

(b) before the application is determined, due to a change of circumstances or information becoming available to the Principal Reporter, the Principal Reporter no longer considers that any ground to which the application relates applies in relation to the child.

(2) The Principal Reporter must withdraw the application.

(3) If one or more grounds were accepted at the grounds hearing which directed the Principal Reporter to make the application, the Principal Reporter must arrange a children's hearing to decide whether to make a compulsory supervision order in relation to the child.

(4) If none of the grounds was accepted at the grounds hearing, any interim compulsory supervision order or warrant to secure attendance which is in force in relation to the child ceases to have effect on the withdrawal of the application.

Determination of application

Determination: ground established

108

(1) This section applies where the sheriff determines an application made by virtue of section 93(2)(a) or 94(2)(a).

(2) If subsection (4) applies, the sheriff must direct the Principal Reporter to arrange a children's hearing to decide whether to make a compulsory supervision order in relation to the child.

(3) In any other case, the sheriff must—

(a) dismiss the application, and

(b) discharge the referral to the children's hearing.

(4) This subsection applies if—

(a) the sheriff determines that one or more grounds to which the application relates are established, or

(b) one or more other grounds were accepted at the grounds hearing which directed the Principal Reporter to make the application.

(5) In subsection (4)(b), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.

Determination: power to make interim compulsory supervision order etc.

109

(1) This section applies where the sheriff directs the Principal Reporter to arrange a children's hearing to decide whether to make a compulsory supervision order in relation to the child.

(2) Subsection (3) applies if immediately before the hearing at which the sheriff determined the application made by virtue of section 93(2)(a) or 94(2)(a) an interim compulsory supervision order was not in force in relation to the child.

(3) If the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

(4) Subsection (5) applies if immediately before the hearing at which the sheriff determined the application made by virtue of section 93(2)(a) or 94(2)(a) an interim compulsory supervision order was in force in relation to the child.

(5) If the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the sheriff may make a further interim compulsory supervision order in relation to the child.

(6) If the sheriff is satisfied that there is reason to believe that the child would not otherwise attend the children's hearing, the sheriff may grant a warrant to secure attendance.

(7) If the sheriff makes an interim compulsory supervision order under subsection (3) or (5) specifying that the child is to reside at a place of safety, the children's hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.

Review of sheriff's determination

Application for review of grounds determination

110

(1) This section applies where the sheriff makes a determination under section 108 that a section 67 ground (other than the ground mentioned in section 67(2)(j) if the case was remitted to the Principal Reporter under section 49 of the Criminal Procedure (Scotland) Act 1995) is established in relation to a child (a “grounds determination”).

(2) A person mentioned in subsection (3) may apply to the sheriff for a review of the grounds determination.

(3) The persons are—

(a) the person who is the subject of the grounds determination (even if that person is no longer a child),

(b) a person who is, or was at the time the grounds determination was made, a relevant person in relation to the child.

Sheriff: review or dismissal of application

111

(1) This section applies where an application is made under section 110.

(2) If subsection (3) applies the sheriff must review the grounds determination.

(3) This subsection applies if—

(a) there is evidence in relation to the ground that was not considered by the sheriff when making the grounds determination,

(b) the evidence would have been admissible,

(c) there is a reasonable explanation for the failure to lead that evidence before the grounds determination was made, and

(d) the evidence is significant and relevant to the question of whether the grounds determination should have been made.

(4) If subsection (3) does not apply, the sheriff must dismiss the application.

Child’s duty to attend review hearing unless excused

112

(1) This section applies where—

(a) a hearing is to be held by virtue of section 111(2) for the purpose of reviewing a grounds determination, and

(b) the person who is the subject of the grounds determination is still a child.

(2) The child must attend the hearing unless the child is excused by the sheriff on a ground mentioned in section 103(3).

(3) The child may attend the hearing even if the child is excused under subsection (2).

(4) If the sheriff is satisfied that there is reason to believe that the child would not otherwise attend the hearing, the sheriff may grant a warrant to secure attendance.

Child and relevant person: representation at review hearing

113

(1) This section applies where a hearing is to be held by virtue of section 111(2) for the purpose of reviewing a grounds determination.

(2) The person who is the subject of the grounds determination (“P”) may be represented at the hearing by another person.

(3) A relevant person in relation to P (or, where P is no longer a child, a person who was a relevant person in relation to P at the time the grounds determination was made) may be represented at the hearing by another person.

(4) A person representing P or the relevant person (or person who was a relevant person) at the hearing need not be a solicitor or advocate.

Sheriff’s powers on review of grounds determination

114

(1) This section applies where the sheriff reviews a grounds determination by virtue of section 111(2).

(2) If the sheriff is satisfied that the section 67 ground to which the application relates is established, the sheriff must refuse the application.

(3) If the sheriff determines that the ground to which the application relates is not established, the sheriff must—

(a) recall the grounds determination, and

(b) make an order discharging (wholly or to the extent that it relates to the ground) the referral of the child to the children's hearing.

Recall: power to refer other grounds

115

(1) This section applies where—

(a) the sheriff makes an order under section 114(3), but

(b) another section 67 ground specified in the same statement of grounds that gave rise to the grounds determination is accepted or established.

(2) If the person to whom the grounds determination relates is still a child, the sheriff must direct the Principal Reporter to arrange a children's hearing for the purpose of considering whether a compulsory supervision order should be made in relation to the child.

(3) If the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

(4) If the sheriff is satisfied that there is reason to believe that the child would not otherwise attend the children's hearing, the sheriff may grant a warrant to secure attendance.

(5) If the sheriff makes an interim compulsory supervision order under subsection (3) specifying that the child is to reside at a place of safety, the children’s hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.

Recall: powers where no grounds accepted or established

116

(1) This section applies where—

(a) the sheriff makes an order under section 114(3), and

(b) none of the other section 67 grounds specified in the statement of grounds that gave rise to the grounds determination is accepted or established.

(2) If a compulsory supervision order that is in force in relation to the person who is the subject of the grounds determination was in force at the time of the grounds determination, the sheriff must require a review of the compulsory supervision order.

(3) In any other case, the sheriff must—

(a) terminate any compulsory supervision order that is in force in relation to the person who is the subject of the grounds determination, and

(b) if that person is still a child, consider whether the child will require supervision or guidance.

(4) Where that person is still a child and the sheriff considers that the child will require supervision or guidance, the sheriff must order the relevant local authority for the child to provide it.

(5) Where the sheriff makes such an order, the relevant local authority for the child must give such supervision or guidance as the child will accept.

New section 67 ground established: sheriff to refer to children’s hearing

117

(1) This section applies where—

(a) by virtue of section 110 the sheriff is reviewing a grounds determination, and

(b) the sheriff is satisfied that there is sufficient evidence to establish a section 67 ground that is not specified in the statement of grounds that gave rise to the grounds determination.

(2) The sheriff must—

(a) determine that the ground is established, and

(b) if the person to whom the grounds determination relates is still a child, direct the Principal Reporter to arrange a children's hearing for the purpose of considering whether a compulsory supervision order should be made in relation to the child.

(3) If the sheriff is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

(4) If the sheriff is satisfied that there is reason to believe that the child would not otherwise attend the children's hearing, the sheriff may grant a warrant to secure attendance.

(5) If the sheriff makes an interim compulsory supervision order under subsection (3) specifying that the child is to reside at a place of safety, the children’s hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.

Application of Part where compulsory supervision order in force

118

(1) This Part has effect in relation to a child mentioned in subsection (2) with the modifications set out in subsections (3) to (5).

(2) The child is a child in relation to whom a compulsory supervision order is in force.

(3) References to an interim compulsory supervision order are to be read as references to an interim variation of the compulsory supervision order.

(4) References to the sheriff directing the Principal Reporter to arrange a children's hearing to decide whether to make a compulsory supervision order in relation to the child are to be read as references to the sheriff requiring a review of the compulsory supervision order.

(5) Sections 98 and 99 do not apply.

Part 11 — Subsequent children's hearings

Children’s hearing following deferral or proceedings under Part 10

119

(1) This section applies where a children's hearing is arranged by the Principal Reporter by virtue of section 91(2), 107(3), 108, 115(2) or 117(2)(b) or subsection (2).

(2) If the children's hearing considers that it is appropriate to do so, the children's hearing may defer making a decision on whether to make a compulsory supervision order until a subsequent children's hearing.

(3) If the children's hearing does not exercise the power conferred by subsection (2) the children's hearing must—

(a) if satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child, make a compulsory supervision order, or

(b) if not so satisfied, discharge the referral.

(3A) In deciding whether to exercise the power conferred by subsection (2), the children's hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the children's hearing considers relevant to any matter to be determined by the subsequent children's hearing.

(4) Subsection (5) applies where—

(a) the child is excused by virtue of section 73(3) or 79(3)(a) or rules under section 177, or

(b) a relevant person in relation to the child is excused by virtue of section 74(3) or 79(3)(b) or rules under section 177.

(5) The children's hearing may, despite the excusal, defer its decision to a subsequent children's hearing under this section without further excusing the person.

Powers of children’s hearing on deferral under section 119

120

(1) This section applies where under subsection (2) of section 119 a children's hearing defers making a decision in relation to a child until a subsequent children's hearing under that section.

(2) Subsection (3) applies if immediately before the children's hearing which takes place under section 119 an interim compulsory supervision order was not in force in relation to the child.

(3) If the children's hearing considers that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency to make an interim compulsory supervision order, the children's hearing may make an interim compulsory supervision order in relation to the child.

(4) Subsection (5) applies if immediately before the children's hearing which takes place under section 119 an interim compulsory supervision order was in force in relation to the child.

(5) If the children's hearing is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the children's hearing may make a further interim compulsory supervision order in relation to the child.

(6) If the children's hearing considers that it is necessary to do so for the purpose of obtaining any further information, or carrying out any further investigation, that is needed before the subsequent children's hearing, the hearing may make a medical examination order.

Part 12 — Children's hearings: general

Views of child

Confirmation that child given opportunity to express views before hearing

121

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

(2) The chairing member of the children's hearing must ask the child whether the documents provided to the child by virtue of rules made under section 177 accurately reflect any views expressed by the child.

(3) The chairing member need not comply with subsection (2) if, taking account of the age and maturity of the child, the chairing member considers that it would not be appropriate to do so.

Children's advocacy services

Children’s advocacy services

122

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

(2) The chairing member of the children's hearing must inform the child of the availability of children's advocacy services.

(3) The chairing member need not comply with subsection (2) if, taking account of the age and maturity of the child, the chairing member considers that it would not be appropriate to do so.

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

(a) the provision of children's advocacy services,

(b) qualifications to be held by persons providing children's advocacy services,

(d) the payment of expenses, fees and allowances by the Scottish Ministers to persons providing children's advocacy services.

(5) The Scottish Ministers may enter into arrangements (contractual or otherwise) with any person other than a local authority, CHS or SCRA for the provision of children's advocacy services.

(6) Regulations under this section are subject to the affirmative procedure.

(7) In this section, “children's advocacy services” means services of support and representation provided for the purposes of assisting a child in relation to the child's involvement in a children's hearing.

Warrants to secure attendance

General power to grant warrant to secure attendance

123

(1) This section applies where in relation to a child—

(a) a children's hearing has been or is to be arranged, or

(b) a hearing is to take place under Part 10.

(2) On the application of the Principal Reporter, any children's hearing may on cause shown grant a warrant to secure the attendance of the child at the children's hearing or, as the case may be, the hearing under Part 10.

Child's age

Requirement to establish child’s age

124

(1) This section applies where a children's hearing is held by virtue of this Act.

(2) The chairing member of the children's hearing must ask the person in respect of whom the hearing has been arranged to declare the person's age.

(3) The person may make another declaration as to the person's age at any time.

(4) The chairing member need not comply with the requirement in subsection (2) if the chairing member considers that the person would not be capable of understanding the question.

(5) Any children's hearing may make a determination of the age of a person who is the subject of the hearing.

(6) A person is taken for the purposes of this Act to be of the age—

(a) worked out on the basis of the person's most recent declaration, or

(b) if a determination of age by a children's hearing is in effect, worked out in accordance with that determination.

(7) Nothing done by a children's hearing in relation to a person is invalidated if it is subsequently proved that the age of the person is not that worked out under subsection (6).

Compulsory supervision orders: review

Compulsory supervision order: requirement to review

125

(1) This section applies where a children's hearing is making, varying or continuing a compulsory supervision order.

(2) Where the order being made contains a movement restriction condition (or the order is being varied so as to include such a condition), the children's hearing must require the order to be reviewed by a children's hearing on a day or within a period specified in the order.

(3) In any other case, the children's hearing may require the order to be so reviewed.

Contact orders and permanence orders

Review of contact direction

126

(1) This section applies where, in relation to a child—

(a) a children's hearing—

(i) makes a compulsory supervision order,

(ii) makes an interim compulsory supervision order, an interim variation of a compulsory supervision order or a medical examination order which is to have effect for more than 5 working days, or

(iii) continues or varies a compulsory supervision order under section 138, and

(b) the order contains (or is varied so as to contain) a measure of the type mentioned in section 83(2)(g) or 87(2)(e) (“a contact direction”).

(2) The Principal Reporter must arrange a children's hearing for the purposes of reviewing the contact direction—

(a) if an order mentioned in subsection (3) is in force, or

(b) if requested to do so by an individual who claims that the conditions specified for the purposes of this paragraph in an order made by the Scottish Ministers are satisfied in relation to the individual.

(3) The orders are—

(a) a contact order regulating contact between an individual (other than a relevant person in relation to the child) and the child, or

(b) a permanence order which specifies arrangements for contact between such an individual and the child.

(4) The children's hearing is to take place no later than 5 working days after the children's hearing mentioned in subsection (1)(a).

(5) If a children's hearing arranged by virtue of paragraph (b) of subsection (2) considers that the conditions specified for the purposes of that paragraph are not satisfied in relation to the individual, the children's hearing must take no further action.

(6) In any other case, the children's hearing may—

(a) confirm the decision of the children's hearing mentioned in subsection (1)(a), or

(b) vary the compulsory supervision order, interim compulsory supervision order or medical examination order (but only by varying or removing the contact direction).

(7) Sections 73 and 74 do not apply in relation to a children's hearing arranged by virtue of subsection (2).

Referral where failure to provide education for excluded pupil

127

(1) This section applies where it appears to a children's hearing that—

(a) an education authority has a duty under section 14(3) of the Education (Scotland) Act 1980 (c.44) (education authority's duty to provide education for child excluded from school) in relation to the child to whom the children's hearing relates, and

(b) the authority is failing to comply with the duty.

(2) The children's hearing may require the National Convener to refer the matter to the Scottish Ministers.

(3) If a requirement is made under subsection (2), the National Convener must—

(a) make a referral to the Scottish Ministers, and

(b) give a copy of it to the education authority to which it relates and the Principal Reporter.

Parenting order

Duty to consider applying for parenting order

128

(1) This section applies where a children's hearing constituted for any purpose in respect of a child is satisfied that it might be appropriate for a parenting order to be made in respect of a parent of the child under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (the “2004 Act”).

(2) The children's hearing may require the Principal Reporter to consider whether to apply under section 102(3) of the 2004 Act for such an order.

(3) The children's hearing must specify in the requirement—

(a) the parent in respect of whom it might be appropriate for the order to be made, and

(b) by reference to section 102(4) to (6) of the 2004 Act, the condition in respect of which the application might be made.

(4) In this section, “parent” and “child” have the meanings given by section 117 of the 2004 Act.

Part 13 — Review of compulsory supervision order

Requirement for review

Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

129

(1) Subsection (2) 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 in force in relation to the child.

(2) The Principal Reporter must initiate a review of the compulsory supervision order.

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

130

(1) This section applies where, in relation to a child—

(a) a court remits a case under section 49 of the Criminal Procedure (Scotland) Act 1995 to the Principal Reporter to arrange for the disposal of the case by a children's hearing, and

(b) a compulsory supervision order is in force in relation to the child.

(2) The Principal Reporter must initiate a review of the compulsory supervision order.

(3) A certificate signed by the clerk of the court stating that the child 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 held for the purposes of reviewing the order that the offence was committed by the child.

(4) This Act applies as if 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.

Duty of implementation authority to require review

131

(1) The implementation authority must, by notice to the Principal Reporter, require a review of a compulsory supervision order in relation to a child where the authority is satisfied that one or more of the circumstances set out in subsection (2) exist.

(2) Those circumstances are—

(a) the compulsory supervision order ought to be terminated or varied,

(b) the compulsory supervision order is not being complied with,

(c) the best interests of the child would be served by the authority making one of the following applications, and the authority intends to make such an application—

(i) an application under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (the “2007 Act”) for a permanence order,

(ii) an application under section 92 of the 2007 Act for variation of such an order,

(iii) an application under section 93 of the 2007 Act for amendment of such an order,

(iv) an application under section 98 of the 2007 Act for revocation of such an order,

(d) the best interests of the child would be served by the authority placing the child for adoption and the authority intends to place the child for adoption,

(e) the authority is aware that an application has been made and is pending, or is about to be made, under section 29 or 30 of the 2007 Act for an adoption order in respect of the child.

(3) The Scottish Ministers may by regulations specify the period within which a requirement under subsection (1) must be made where the implementation authority is satisfied as to the existence of the circumstances mentioned in subsection (2)(a) to (d).

(4) Different periods may be specified for different circumstances, or classes of circumstances.

(5) Where an implementation authority is under a duty to require a review under subsection (1) by virtue of being satisfied as to the existence of the circumstances mentioned in subsection (2)(e), the authority must do so as soon as practicable after the authority becomes aware of the application.

Right of child or relevant person to require review

132

(1) This section applies where a compulsory supervision order is in force in relation to a child.

(2) The child may by giving notice to the Principal Reporter require a review of the order.

(3) A relevant person in relation to the child may by giving notice to the Principal Reporter require a review of the order.

(3A) An individual who is entitled to do so by subsection (6) may by giving notice to the Principal Reporter require a review of the order.

(4) The order may not be reviewed—

(a) during the period of 3 months beginning with the day on which the order is made,

(b) if the order is continued or varied, during the period of 3 months beginning with the day on which it is continued or varied.

(5) The Scottish Ministers may by regulations provide that, despite subsection (4), where the order includes a secure accommodation authorisation, the order may be reviewed during a period specified in the regulations.

(6) An individual is entitled to require a review under subsection (3A) if—

(a) the Principal Reporter was satisfied at the relevant time, or

(b) a pre-hearing panel or children's hearing determined,

that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it).

(7) Where a children's hearing is arranged as a result (solely or partly) of an individual requiring a review under subsection (3A), the individual is to be treated as an individual whom a pre-hearing panel has determined meets the criteria to be afforded an opportunity to participate in relation to the children's hearing.

(8) For the purposes of subsections (6) and (7)—

(a) “the criteria to be afforded an opportunity to participate” means the criteria specified in rules under section 177 to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,

(b) “the relevant time” means—

(i) the time when the children's hearing referred to in subsection (6) began, or

(ii) if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (c), the time when any one of them began,

(c) if the children's hearing that most recently made a decision in respect of the order was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.

Principal Reporter’s duty to initiate review

133

The Principal Reporter must initiate a review of a compulsory supervision order in relation to a child if—

(a) the order will expire within 3 months, and

(b) the order would not otherwise be reviewed before it expires.

Duty to initiate review if child to be taken out of Scotland

134

(1) This section applies where—

(a) a child is subject to a compulsory supervision order,

(b) a relevant person in relation to the child proposes to take the child to live outwith Scotland, and

(2) The relevant person must give notice of the proposal to the Principal Reporter and the implementation authority at least 28 days before the day on which the relevant person proposes to take the child to live outwith Scotland.

(3) If the Principal Reporter receives notice under subsection (2), the Principal Reporter must initiate a review of the compulsory supervision order.

Duty to initiate review: secure accommodation authorisation

135

(1) Subsection (2) applies where a compulsory supervision order includes a secure accommodation authorisation (which has not ceased to have effect by virtue of section 151(5)).

(2) The Principal Reporter must initiate a review of the order—

(a) before the end of the period of 3 months beginning with the day on which the order is made, and

(b) if the order is varied or continued, before the end of the period of 3 months beginning with the day on which it is varied or continued.

Duty to initiate review where child transferred

136

The Principal Reporter must initiate a review of a compulsory supervision order in relation to a child where the child is transferred under section 143(2).

Functions of Principal Reporter and children's hearing

Duty to arrange children’s hearing

137

(1) This section applies where a compulsory supervision order is in force in relation to a child and—

(a) a review of the order is required or initiated by virtue of any of—

(i) sections 107, 108, 115 and 117 (all as modified by section 118),

(ii) sections 116, 125, 129 to 136 and 146, or

(b) the child's case is referred to the Principal Reporter under section 96(3) or 106 of the Adoption and Children (Scotland) Act 2007 (asp 4).

(2) The Principal Reporter must arrange a children's hearing to review the compulsory supervision order.

(3) If the review is initiated under section 136, the children's hearing must be arranged to take place before the expiry of the period of 3 working days beginning with the day on which the child is transferred.

(4) The Principal Reporter must require the implementation authority to give the Principal Reporter any reports that the authority has prepared in relation to the child and any other information which the authority may wish to give to assist the children's hearing.

(5) The Principal Reporter may require the implementation 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.

(6) The implementation authority may include in a report given to the Principal Reporter under subsection (4) or (5) information given to the authority by another person.

Powers of children’s hearing on review

138

(1) This section applies where a children's hearing is carrying out a review of a compulsory supervision order in relation to a child.

(2) If the children's hearing considers that it is appropriate to do so, the children's hearing may defer making a decision about the compulsory supervision order until a subsequent children's hearing under this section.

(3) Otherwise, the children's hearing may—

(a) terminate the compulsory supervision order,

(b) vary the compulsory supervision order,

(3A) In deciding whether to exercise the power conferred by subsection (2), the children's hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the children's hearing considers relevant to any matter to be determined by the subsequent children's hearing.

(4) The children's hearing may vary or continue a compulsory supervision order only if the children's hearing is satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the children's hearing terminates the compulsory supervision order, the children's hearing must—

(a) consider whether supervision or guidance is needed by the child, and

(b) if so, make a statement to that effect.

(7) If the children's hearing states that supervision or guidance is needed by the child, it is the duty of the relevant local authority for the child to give such supervision or guidance as the child will accept.

(8) Subsection (9) applies where—

(a) a child or relevant person in relation to the child is excused under section 73(2), 74(2) or 79 from attending the children's hearing, and

(b) the hearing defers its decision until a subsequent children's hearing.

(9) The children's hearing need not excuse the child or relevant person in relation to the child from attending the subsequent children's hearing.

Powers of children’s hearing on deferral under section 138

139

(1) This section applies where under subsection (2) of section 138 a children's hearing defers making a decision about the compulsory supervision order in relation to a child until a subsequent children's hearing under that section.

(2) The children's hearing may continue the compulsory supervision order until the subsequent children's hearing.

(3) If the children's hearing considers that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that the compulsory supervision order be varied, the children's hearing may make an interim variation of the compulsory supervision order.

Interim variation of compulsory supervision order

140

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