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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

Type Scottish-Statutory-Instrument

Publication 2013-05-30

Last updated 2025-04-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 30th May 2013

Coming into force in accordance with rule 1

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 177 and 195 of the Children's Hearings (Scotland) Act 2011 and all other powers enabling them to do so .

In accordance with section 177(4) and 197 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with paragraph 24(1) and (3) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 the Scottish Ministers have consulted the Administrative Justice and Tribunals Council and it has consulted its Scottish Committee.

PART 1 — Introductory and General

Citation, commencement and application

1

(1) These Rules may be cited as the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 and come into force on the same day as section 177 (children’s hearings: procedural rules) of the Act.

(2) These Rules shall only apply to proceedings commenced on or after the day on which they come into force.

Interpretation

2

(1) In these Rules—

“the Act” means the Children’s Hearings (Scotland) Act 2011;

“chairing member” means the member of the Children’s Panel selected to chair a pre-hearing panel or children’s hearing, as the case may be;

“a contact direction” has the same meaning as in section 126(1) (review of contact direction) of the Act;

“National Convener” means the National Convener of Children’s Hearings Scotland;

“member of the pre-hearing panel” and “member of the children’s hearing” means a member of the Children’s Panel selected under section 6 (selection of members of children’s hearing) of the Act, in relation to that hearing or pre-hearing, and “member” is to be construed accordingly;

“relevant person” means a relevant person in relation to a child and includes a person deemed to be a relevant person under section 81 (determination of claim that person be deemed a relevant person) or section 160(4)(b) (appeal to sheriff against relevant person determination) of the Act;

“Reporter” means the Principal Reporter or any person carrying out a function on behalf of the Principal Reporter by virtue of paragraph 10(1) (delegation of Principal Reporter’s functions) of schedule 3 to the Act;

“section 62 statement” has the same meaning as in section 62(4) (provision of information by court) of the Act.

(2) For the purposes of rule 1(2) of these Rules, proceedings are commenced on the date when any of the following occurs—

(a) a children’s hearing is arranged by the Reporter under section 69(2) of the Act;

(b) an application is made under Part 5 of the Act; or

PART 2 — Selection of children's hearings and pre-hearing panel members and duties of members

Selection of members of children's hearing and pre-hearing panel - supplementary

3

(1) Where a children’s hearing is held in relation to a child, by virtue of the Act or any other enactment, the children’s hearing may request that the National Convener select, where practicable, one of the members of that children’s hearing to be a member of the next children’s hearing to be arranged in relation to that child.

(2) In selecting members of a pre-hearing panel in terms of section 79(2)(a) (referral of certain matters for pre-hearing determination) of the Act the National Convener must ensure that the pre-hearing panel—

(a) 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 pre-hearing panel relates.

Selection of chairing member for pre-hearing panels and children's hearings

4

(1) Paragraph (2) applies where a pre-hearing panel or children’s hearing has been arranged by virtue of the Act or any other enactment and the National Convener or relevant area support team has not selected a chairing member for that pre-hearing panel or children’s hearing.

(2) Immediately before beginning the pre-hearing panel or children’s hearing, as the case may be, the members of that pre-hearing panel or children’s hearing must determine which of their number is to chair the pre-hearing panel or children’s hearing, as the case may be.

(3) A member may only be selected to chair a children’s hearing if that member has successfully completed the relevant training provided by or on behalf of the National Convener relating to chairing a children’s hearing.

Duties of members of the pre-hearing panel or children's hearing relating to documents and information

5

(1) Any documents which are given to a member of the pre-hearing panel or children’s hearing by the Reporter under, or by virtue of, the Act or these Rules must be kept securely in that member’s custody and returned to the Reporter at the conclusion of the pre-hearing panel or children’s hearing to which those documents relate.

(2) The member must not cause or permit any information which they have obtained by virtue of their involvement in a pre-hearing panel or children’s hearing to be disclosed, except as permitted by the Act or these Rules.

Duties of chairing member of a pre-hearing panel or children's hearing

6

(1) The chairing member of the children’s hearing or pre-hearing panel must—

(a) take reasonable steps to ensure that the child and each relevant person are able to—

(i) understand the proceedings; and

(ii) participate in those proceedings;

(b) where, during the proceedings, the child wishes to express a view, make reasonable arrangements to enable the child to express those views in the manner preferred by the child;

(i) the decisions or determinations made by the children’s hearing or pre-hearing panel, as the case may be; and

(ii) the reasons for those decisions or determinations; and

(d) sign and date the record of the decisions or determinations.

(2) Any requirement on the chairing member to inform those attending a children’s hearing of the substance of any report, document or information or to explain any matter is subject to any decision of the children’s hearing to withhold information under section 178 (children’s hearing: disclosure of information) of the Act or by virtue of a non-disclosure request made in accordance with Part 19 of these Rules.

Procedure at children's hearings and pre-hearing panels where not otherwise specified

7

(1) The procedure at any children’s hearing or pre-hearing panel required to be held by virtue of the Act or any other enactment, unless that procedure is provided for under the Act or these Rules, is to be determined by the chairing member.

(2) The children’s hearing or pre-hearing panel, if it considers it appropriate to do so, may adjourn the children’s hearing or pre-hearing panel, as the case may be—

(a) on the initiative of the children’s hearing or pre-hearing panel; or

(b) on the request of any person attending the hearing.

(3) Where a children’s hearing or pre-hearing panel has been adjourned it must re-convene on the same day as the adjournment was made.

PART 3 — Duties and roles of persons attending or preparing documents for children's hearings and pre-hearing panels

Requirement to include child's views in documents

8

Where any document is to be given to members of the children’s hearing or pre-hearing panel under, or by virtue of, the Act, or these Rules, the document must contain any views expressed by the child which have been given to the person who has prepared that document.

Duties of safeguarder in respect of information and documents

9

(1) Any documents which are given to a safeguarder by the Reporter under, or by virtue of, the Act or any other enactment must be kept securely in the safeguarder’s custody and returned to the Reporter on the termination of the safeguarder’s appointment.

(2) The safeguarder must not cause or permit any information which they have obtained by virtue of their appointment as a safeguarder under the Act to be disclosed, except as permitted by virtue of the Act or any other enactment.

Attendance at children's hearings by member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council or a member of an Area Support Team

10

(1) Any documents which are given to members of the children’s hearing or pre-hearing panel must be given by the Reporter to any of the following persons attending the children’s hearing or pre-hearing panel where that person so requests—

(a) a member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council (acting in that person’s capacity as such);

(b) a member of an area support team (acting in that person’s capacity as such).

(2) Where documents are given to a person under paragraph (1) those documents must be kept securely in that person’s custody and returned to the Reporter at the conclusion of the children’s hearing or pre-hearing panel to which they relate.

(3) The person to whom the documents are given under paragraph (1) must not cause or permit any information which they have obtained by virtue of their attendance at a pre-hearing panel or children’s hearing to be disclosed, except as permitted by the Act or these Rules.

Role of representative of the child, relevant person or deemed relevant person

11

(1) Where the child or relevant person, or any person who wishes to be deemed to be a relevant person (each referred to in this rule as “the accompanied person”) is accompanied at a children’s hearing or pre-hearing panel by a representative that representative may assist the accompanied person to discuss any issues arising for discussion before the children’s hearing or pre-hearing panel.

(2) The right of the accompanied person to be represented at the children’s hearing or pre-hearing panel is without prejudice to any right of the accompanied person to legal representation by a solicitor or counsel.

PART 4 — General Duties of the Reporter

Record keeping by the Reporter of investigation and determination

12

(1) This rule applies where section 66(1) (investigation and determination by Principal Reporter) of the Act applies.

(2) The Reporter must keep a record of—

(a) the name and address (if available) of any person providing the notice, information, statement or evidence;

(b) the details of any investigation carried out by the Reporter under section 66 of the Act;

(d) the details of any action taken by the Reporter under sections 68(2), 68(5) (determination under section 66: no referral to children’s hearing) or 72(2) (child in place of safety: Principal Reporter’s powers) of the Act.

(3) Where the Reporter is required to arrange a children’s hearing under section 69(2) (determination under section 66: referral to children’s hearing) of the Act the Reporter must notify—

(a) where the information was provided under section 60 (local authority’s duty to provide information to Principal Reporter) of the Act, the local authority which provided the information;

(b) where the information was provided under section 61 (constable’s duty to provide information to Principal Reporter) of the Act or section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995[^f00004], the chief constable of the Police Service of Scotland.

Record keeping duties of the Reporter in relation to children's hearings

13

(1) The Reporter must keep a record of the proceedings at each children’s hearing and pre-hearing panel held by virtue of the Act or any other enactment.

(2) The record to be kept by the Reporter must include the information mentioned in paragraph (3) and such other information about the proceedings as the Reporter considers appropriate.

(3) That information is—

(a) the particulars of the place and date of the children’s hearing or pre-hearing panel;

(b) the full name and address, date of birth and sex of the child in relation to whom the children’s hearing or pre-hearing panel is held;

(d) which of the persons mentioned in sub-paragraphs (b) and (c) attended the children’s hearing or pre-hearing panel;

(e) the full name and address of any representative attending the children’s hearing or pre-hearing panel;

(f) the full name and address of any safeguarder attending the children’s hearing or pre-hearing panel;

(g) the details of any other person attending the children’s hearing or pre-hearing panel;

(h) the details of any decision or determination made by the children’s hearing or pre-hearing panel or any other course of action taken by the children’s hearing or pre-hearing panel;

(i) where the children’s hearing to which the record relates is a grounds hearing—

(i) the details of any section 67 ground which is accepted, or not accepted, or is not understood and by whom;

(ii) the detail of any direction given by the grounds hearing under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act to the Reporter to make an application to the sheriff.

The statement of grounds

14

Where the statement of grounds prepared by the Reporter under section 89 (Principal Reporter’s duty to prepare statement of grounds) of the Act includes a ground mentioned in section 67(2)(j) (the child has committed an offence) the facts relating to that ground must have the same degree of specification as is required by section 138(4) (complaints) of, and Schedule 3 (indictments and complaints) to, the Criminal Procedure (Scotland) Act 1995 in a charge in a complaint, and the statement of grounds must also specify the nature of the offence in question.

Duties of Reporters where information to be withheld from a person

15

(1) Where information is to be withheld from a person under the Act or these Rules the Reporter must ensure that the relevant information is removed from the report or other document or information to be given under the Act, or these Rules, to the person from whom that information is to be withheld.

(2) Where information is withheld under the Act or these Rules the Reporter must inform the persons to whom the report or other document or information has been given under the Act, or these Rules, of the identity of the person from whom the information is being withheld, and what information is being withheld from that person.

Withholding of specified documents and information by the Reporter

16

(1) This rule applies where a children’s hearing or pre-hearing panel is to be held or has been held in relation to a child by virtue of the Act or these Rules and the Reporter is arranging the hearing, notifying persons of the hearing or issuing information or documents for the hearing or is taking any action required as a consequence of the hearing.

(2) Where the Reporter is carrying out the functions referred to in paragraph (1) and considers that disclosing the whereabouts of the child to whom the children’s hearing or pre-hearing panel relates, or of any relevant person, would be likely to cause significant harm to the child or any relevant person the Reporter may withhold that information.

(3) Where the address of the child or relevant person is withheld under paragraph (2) the Reporter will give the address of the child or relevant person as that of the Reporter.

Duties of the Reporter where a child is detained under a warrant to secure the attendance of the child

17

(1) This rule applies where the children’s hearing has granted a warrant to secure the attendance of the child at a children’s hearing under section 123 (general power to grant warrant to secure attendance) of the Act and the child is being kept in a place of safety under that warrant.

(2) The Reporter must, wherever practicable, arrange the children’s hearing to take place on the first working day after the child was first detained in pursuance of the warrant.

Notification and provision of information to a young child

18

(1) This rule applies where, under the Act or these Rules, the Reporter must—

(a) notify a child of the date, time and place of a children’s hearing or pre-hearing panel to be held in relation to that child; or

(b) provide a child with any information, confirmation, report or other document in relation to a children’s hearing or pre-hearing panel.

(2) The Reporter need not so notify the child or provide the information, confirmation, report or other document where, taking account of the child’s age and maturity, the child would not be capable of understanding the notification, information, confirmation, report or other document.

Part 5 — Attendance

Further provision in relation to the attendance of the child and relevant person at a children's hearing or pre-hearing panel

19

(1) Paragraph (2) applies where the Reporter has been advised that the child, or relevant person, or an individual who wants to be deemed to be a relevant person, wishes to attend a pre-hearing panel or children’s hearing or part of a children’s hearing and—

(a) the child or the relevant person, as the case may be, has been excused from attending that pre-hearing panel, children’s hearing or that part of the children’s hearing; or

(b) the child, relevant person or individual in question wishes to attend a pre-hearing panel or children’s hearing which by virtue of section 80 (determination of matter referred under section 79) of the Act is to determine a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act.

(2) The Scottish Children’s Reporter Administration must take all reasonable steps to enable the child, relevant person, or the individual in question, as the case may be, to attend the pre-hearing panel, children’s hearing or that part of the children’s hearing by way of telephone, through video link or by using any other method of communication, if requested to do so by the child, relevant person or individual in question, and if the Reporter is satisfied that the child, relevant person or individual in question has good reason for not attending in person.

Attendance at a children's hearing

20

(1) The persons mentioned in paragraph (2) are authorised to attend a pre-hearing panel and children’s hearing.

(2) Those persons are a constable, prison officer or other person who has in their lawful custody a person who has to attend a pre-hearing panel or children’s hearing.

PART 6 — Arranging children's hearings – general

Application of Part

21

This part does not apply where rule 29 or 36 applies.

Notification of children's hearings - general

22

(1) Where a children’s hearing is to be held in relation to a child by virtue of section 69(2) (determination under section 66: referral to children’s hearing) or Parts 9 to 11 (children’s hearing; proceedings before sheriff; subsequent children’s hearings) or 13 (review of compulsory supervision order) of the Act the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the children’s hearing, as soon as practicable and no later than 7 days before the intended date of the children’s hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) any appointed safeguarder;

(e) the chief social work officer of the relevant local authority for the child;

(f) the National Convener.

Other information to be given with notification of a children's hearing to the child and each relevant person

23

The Reporter must when issuing the notice under rule 22(1) to the child and each relevant person also give to the child and each relevant person—

(a) information on the availability to the child and relevant person of legal advice;

(b) confirmation of the child’s duty to attend the children’s hearing under section 73 (child’s duty to attend children’s hearing) of the Act;

(c) confirmation of the relevant person’s duty to attend the children’s hearing under section 74 (relevant person’s duty to attend children’s hearing) of the Act;

(d) confirmation of the right of the child and each relevant person to request a pre-hearing panel or children’s hearing to determine whether—

(i) a particular individual should be deemed to be a relevant person;

(ii) the child or relevant person should be excused from all or part of the children’s hearing;

(iii) 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;

(e) information on the means by which the child may express views to the children’s hearing;

(f) confirmation of the right of the child and each relevant person to give any report or other document for the consideration of the children’s hearing or pre-hearing panel.

Other information to be given with notification of a children’s hearing to individuals with an opportunity to participate

24

(1) Where rule 22 applies, when issuing the notification required under that rule the Reporter must also give to any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child the information mentioned in paragraph (2).

(2) That information is confirmation of the right of the individual to require a pre-hearing panel or a children’s hearing to determine whether the individual should be deemed to be a relevant person.

Information to be sent to the members of the children's hearing

25

Wherever practicable 7 days before, and no later than 3 days before, the intended date of the children’s hearing the Reporter must give to the three members of the children’s hearing notification of the date, time and place of the hearing.

Provision of information prior to children's hearing

26

(1) Where the child or any relevant person wish to give to a children’s hearing to be held by virtue of section 69(2) (determination under section 66: referral to children’s hearing) or Parts 9 to 11 (children’s hearing; proceedings before sheriff; subsequent children’s hearings), or 13 (review of compulsory supervision order) of the Act any report or other document for the consideration of the children’s hearing the child or relevant person, as the case may be, must give a copy of the report or other document to the Reporter, so far as practicable, no later than 4 days before the intended date of the hearing.

(2) Wherever practicable the Reporter must give a copy of any report or other document given under paragraph (1) to the persons mentioned in paragraph (4) (except where that person gave the report or other document to the Reporter) no later than 3 days before the intended date of the hearing.

(3) Where the Reporter obtains any information (including any views of the child given orally to the Reporter) or document which is material to the children’s hearing and has not previously been given to the persons mentioned in paragraph (4) the Reporter must give that information or a copy of the document to those persons as soon as possible before the beginning of the children’s hearing.

(4) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children’s hearing.

PART 7 — Specific provision for arranging grounds hearings

Additional information to be given to the child and each relevant person in relation to a grounds hearing

27

(1) Where the Reporter is required to arrange a grounds hearing, when notifying the date, time and place of the intended children’s hearing under rule 22 the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).

(2) Those persons are—

(a) the child;

(b) each relevant person; and

(3) That information is—

(a) a copy of the statement of grounds prepared under section 89 (Principal Reporter’s duty to prepare statement of grounds) of the Act in relation to the child;

(b) information relating to the retention of the child’s DNA and other records kept in connection with the acceptance by the child and relevant person, or the establishment by the sheriff, of an offence specified in an order made by the Scottish Ministers under section 113A(6)(ba) (criminal record certificates) of the Police Act 1997[^f00005];

(4) Where the Reporter is required to arrange a grounds hearing, no later than 3 days before the intended date of the hearing the Reporter must also give to the persons mentioned in paragraph (5) the information mentioned in paragraph (6).

(5) Those persons are—

(a) the child;

(b) each relevant person; and

(6) That information is—

(a) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) (functions of safeguarder) of the Act;

(b) a copy of any report or information provided by the local authority to the Reporter under section 66(4) (investigation and determination by Principal Reporter) or 69(4) (determination under section 66: referral to children’s hearing) of the Act;

(d) a copy of any other report or other document material to the children’s hearing’s consideration.

(7) This rule does not apply where rule 29 applies.

Information to be given to the members of the grounds hearing

28

(1) Wherever practicable 7 days before, and no later than 3 days before, the intended date of the grounds hearing the Reporter must give to the three members of the children’s hearing a copy of the statement of grounds.

(2) No later than 3 days before the intended date of the grounds hearing the Reporter must give to the three members of the children’s hearing—

(a) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(b) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) (functions of safeguarder) of the Act;

(c) a copy of any report or information provided by the local authority to the Reporter under section 66(4) (investigation and determination by Principal Reporter) or 69(4) (determination under section 66: referral to children’s hearing) of the Act;

(d) a copy of any views of the child given to the Reporter by the child or any other person;

(e) a copy of any other report or other document material to the children’s hearing’s consideration.

(3) This rule does not apply where rule 29 applies.

Provision of information for a grounds hearing where section 69(3) (determination under section 66: referral to children's hearing) of the Act applies or following the making of a child protection order under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act

29

(1) This rule applies where—

(a) section 69(3) of the Act applies; or

(b) following receipt of a notice under section 43 (notice of child protection order) of the Act of the making of a child protection order the Reporter is required to arrange a children’s hearing under section 69(2) of the Act which is to be held no later than—

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

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

(2) As soon as practicable before the beginning of the grounds hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children’s hearing;

(f) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in paragraph (5) as is available.

(5) That information is the information mentioned in rules 23, 26, 27 and where applicable rule 30.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) the information mentioned in paragraph (7) as is available.

(7) That information is—

(a) the information mentioned in rules 26, 28 and where applicable rule 30;

(b) a copy of any relevant child protection order made in relation to the child under section 38 or 39 of the Act.

(8) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

Arranging a grounds hearing where a compulsory supervision order is already in force in relation to the child

30

(1) This rule applies where a grounds hearing is to be arranged and a compulsory supervision order is already in force in relation to the child to whom the hearing relates.

(2) No later than 3 days before the intended date of the children’s hearing the Reporter must in addition to the information to be given under this Part give to the persons mentioned in paragraph (3) the information mentioned in paragraph (4).

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children’s hearing.

(4) That information is—

(a) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(b) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act.

(5) This rule does not apply where rule 29 applies.

PART 8 — Specific provision for arranging a children's hearing to be held under section 119 (children's hearing following deferral or proceedings under Part 10) of the Act

Provision of information to the child, relevant persons and any appointed safeguarder for a children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies

31

(1) Where the Reporter is required to arrange a children’s hearing to which section 119 of the Act applies, as soon as practicable, and at least 3 days before the intended date of the children’s hearing, the Reporter must give to the following persons the information mentioned in paragraph (2)—

(a) the child;

(b) each relevant person;

(2) That information is—

(a) any available report or interim report prepared by the safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(b) any report prepared by the local authority;

(c) a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act;

(d) a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995[^f00006];

(e) a copy of any relevant statement by a sheriff under section 12(1B) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004[^f00007];

(f) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(g) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(h) any other report, document or information relevant to the matter to be considered by the children’s hearing.

(3) This rule does not apply where rule 33 applies.

Information to be given to the members of the children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies

32

Where rule 31 applies, wherever practicable 7 days before, and no later than 3 days before, the intended date of the children’s hearing the Reporter must give to the three members of the children’s hearing—

(a) a copy of the statement of grounds;

(b) any available report or interim report prepared by the appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(d) a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act;

(e) a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995;

(f) a copy of any relevant statement by a sheriff under section 12(1B) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(g) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(h) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(i) a copy of any decision of a pre-hearing panel or children’s hearing held in relation to the child and the reasons for that decision;

(j) any other report, document or information relevant to the matter to be considered by the children’s hearing;

(k) a copy of any relevant child protection order made in relation to the child under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act.

(2) This rule does not apply where rule 33 applies.

Provision of information for children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies where section 109(7) (determination: power to make interim compulsory supervision order etc.), 115(5) (recall: power to refer other grounds) or 117(5) (new section 67 ground established: sheriff to refer to children's hearing) of the Act also applies.

33

(1) This rule applies where section 109(7), 115(5) or 117(5)[^f00008] of the Act applies.

(2) As soon as practicable before the beginning of the children’s hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children’s hearing.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 31 as is available.

(5) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 32 as is available.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

PART 9 — Specific provision for arranging a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

Provision of information to the child and relevant persons for a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

34

(1) Where the Reporter is required to arrange a children’s hearing by virtue of section 137(2) of the Act, as soon as practicable and no later than 7 days before the intended date of the children’s hearing the Reporter must also give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(3) That information is—

(a) a copy of the compulsory supervision order to be reviewed;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(c) a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995;

(d) a copy of any relevant requirement by a sheriff under section 12(1A) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(e) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(f) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act.

(4) No later than 3 days before the intended date of the hearing the Reporter must also give to the persons mentioned in paragraph (5) the information mentioned in paragraph (6).

(5) Those persons are—

(a) the child;

(b) each relevant person;

(6) That information is—

(a) a copy of any available report or interim report prepared by an appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act;

(b) a copy of any report or other information provided by the local authority under section 137(4) or (5) (duty to arrange children’s hearing) of the Act;

(d) a copy of any other report or other document material to the children’s hearing’s consideration.

(7) This rule does not apply where rule 36 applies.

Information to be given to the members of the children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

35

(1) Where rule 34 applies no later than 3 days before the intended date of the children’s hearing to which section 137 of the Act applies, the Reporter must give to the three members of that children’s hearing—

(a) a copy of the compulsory supervision order to be reviewed;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(c) a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995;

(d) a copy of any relevant requirement by a sheriff under section 12(1A) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(e) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(f) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act;

(g) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act;

(h) a copy of any report or other information provided by the local authority under section 137(4) or (5) (duty to arrange children’s hearing) of the Act;

(i) a copy of any views of the child given to the Reporter by the child or any other person;

(j) a copy of any other report or other document material to the children’s hearing’s consideration.

(2) This rule does not apply where rule 36 applies.

Provision of information for a review hearing where section 136 (duty to initiate review where child transferred) of the Act applies

36

(1) This rule applies where section 136 of the Act applies.

(2) As soon as practicable before the beginning of the children’s hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children’s hearing;

(f) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 34 as is available.

(5) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 35 as is available.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

PART 10 — Arranging a grounds hearing where grounds hearing or review hearing has deferred or application made to the sheriff

Papers to be sent when new grounds presented after grounds hearing deferred or application made to the sheriff

37

(1) This rule applies where—

(a) a grounds hearing deferred making a decision on whether to make a compulsory supervision order until a subsequent children’s hearing under section 91(2) (grounds accepted: powers of grounds hearing) of the Act or directed the Reporter under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act to make an application to the sheriff; or

(b) a children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies is to be arranged by the Reporter;

and in either case the Reporter is required by virtue of section 69(2) (determination under section 66: referral to children’s hearing) of the Act to arrange a further grounds hearing in relation to that child.

(2) In addition to complying with Part 7 of these Rules the Reporter must also comply, so far as practicable, with Part 8.

Papers to be sent when new grounds presented after review hearing deferred

38

(1) This rule applies where—

(a) the Reporter is required by virtue of section 137(2) (duty to arrange children’s hearing) of the Act to arrange a children’s hearing in relation to the child; and

(b) the Reporter is required by virtue of section 69(2) (determination under section 66: referral to children’s hearing) of the Act to arrange a grounds hearing in relation to that child.

(2) In addition to complying with Part 7 of these Rules the Reporter must also comply, so far as practicable, with Part 9.

PART 11 — Arranging other children's hearings

Arranging a children's hearing under section 45 (review by children's hearing where child in place of safety) or 46 (review by children's hearing where order prevents removal of child) of the Act – 2nd working day hearing

39

(1) This rule applies where section 45(2) or 46(2) of the Act applies.

(2) As soon as practicable before the beginning of the children’s hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the children’s hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) the person who applied for the child protection order or child assessment order, as the case may be;

(e) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;

(f) any other person prescribed by rules of court for the purposes of section 48 (application for variation or termination) or 49 (notice of application for variation or termination) of the Act;

(g) the three members of the children’s hearing;

(h) any appointed safeguarder;

(i) the chief social work officer of the relevant local authority for the child;

(j) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (i) such of the information mentioned in paragraph (5) as is available.

(5) That information is—

(a) a copy of the child protection order;

(b) a copy of the application for the child protection order, or child assessment order, as the case may be;

Arranging a children's hearing under section 50 (children's hearing to provide advice to sheriff in relation to application) of the Act

40

(1) Where a hearing is to be arranged under section 50 of the Act, as soon as practicable after determining to arrange the hearing the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the children’s hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) the person who applied for the child protection order, or child assessment order, as the case may be;

(e) the person who applied for the child protection order to be varied or terminated;

(f) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;

(g) any other person, to whom the applicant for variation or termination of a child protection order is required to give notice of the making of the application, prescribed by rules of court for the purposes of section 48 (application for variation or termination) or 49 (notice of application for variation or termination) of the Act;

(h) the three members of the children’s hearing;

(i) any appointed safeguarder;

(j) the chief social work officer of the relevant local authority for the child;

(k) the National Convener.

(3) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(a) to (j) such of the information mentioned in paragraph (4) as is available.

(4) That information is—

(a) a copy of the child protection order;

(b) a copy of the application for the child protection order or child assessment order, as the case may be;

(c) a copy of the application under section 48 of the Act for the variation or termination of the child protection order;

(d) any other relevant document or information.

Provision of information for a children's hearing under section 96(2) (children's hearing to consider need for further interim compulsory supervision order)

41

(1) This rule applies where a children’s hearing under section 96(2) of the Act is to be arranged by the Reporter.

(2) Wherever practicable when issuing notice under rule 22 and in all cases no later than 7 days before the intended date of the children’s hearing, the Reporter must give to the persons mentioned in paragraph (3) the information mentioned in paragraph (4).

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children’s hearing;

(4) That information is—

(a) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(b) a copy of any interim compulsory supervision order made in relation to the child;

Arranging a children's hearing under section 126 (review of contact direction) of the Act

42

(1) Where section 126 of the Act applies, the Reporter must, as soon as practicable and no later than 3 days after the children’s hearing mentioned in section 126(1)(a) of the Act, inform those persons mentioned in paragraph (2) of the place, date and time of any children’s hearing to be held under section 126(2)(a) or (b) of the Act and the right of those mentioned in paragraph (2)(a) to (g) to attend that hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(c) any person other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) any person who has a contact order regulating contact between the individual and the child;

(e) any person having a right of contact with the child under a permanence order;

(f) any person who requested a children’s hearing be held under section 126(2)(b) of the Act;

(g) any appointed safeguarder;

(h) the three members of the children’s hearing;

(i) the chief social work officer of the implementation authority or relevant local authority for the child as the case may be;

(j) the National Convener.

(3) Wherever possible when informing the persons mentioned in paragraph 2(a) to (h) and in all cases no later than 3 days prior to the intended date of the children’s hearing under section 126 of the Act, the Reporter must give to those persons—

(a) a copy of the contact direction in the relevant order made by the children’s hearing mentioned in section 126(1) of the Act and the reasons for that contact direction;

(b) any document or part of any document which is relevant to the children’s hearing to be held under section 126 of the Act.

(4) In this rule “relevant order” means—

(a) a compulsory supervision order;

(b) an interim compulsory supervision order;

Arranging a children's hearing under section 142 (review of determination that person be deemed a relevant person)

43

(1) This rule applies where a children’s hearing under section 142(3) of the Act deferred determining the review under section 142(2) of the Act until a subsequent children’s hearing.

(2) Wherever practicable when issuing notice under rule 22 and in all cases as soon as practicable before the beginning of the children’s hearing to be held by virtue of section 142 of the Act, the Reporter must give to the persons mentioned in paragraph (3) any relevant document or other information for the consideration of the children’s hearing.

(3) Those persons are—

(a) the child;

(b) any relevant person;

(d) the three members of the children’s hearing.

Arranging a children's hearing for the purposes of section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995

44

(1) Where a children’s hearing is required to provide a report under section 49(1)(b), (3) or (6) of the Criminal Procedure (Scotland) Act 1995[^f00009], as soon as practicable and no later than 7 days before the intended date of the hearing the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children’s hearing;

(e) the chief social work officer of the relevant local authority for the child;

(f) the National Convener.

(3) As soon as practicable and no later than 3 days before the intended date of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(a) to (c) such of the information mentioned in paragraph (4) as is available.

(4) That information is—

(a) a copy of any relevant remit by a court under section 49 of the Criminal Procedure (Scotland) Act 1995;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(c) confirmation of the child’s duty to attend the children’s hearing under section 73 (child’s duty to attend children’s hearing) of the Act;

(d) confirmation of the relevant person’s duty to attend the children’s hearing under section 74 (relevant person’s duty to attend children’s hearing) of the Act;

(e) information on the means by which the child may express views to the children’s hearing;

(f) confirmation of the right of the child and each relevant person to give any report or other document for the consideration of the children’s hearing.

(5) As soon as practicable and no later than 3 days before the intended date of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(d) such of the information mentioned in paragraph (4)(a) and (b) as is available.

PART 12 — Pre-hearing panels and determination of matters which may be referred to pre-hearing panels

Arranging pre-hearing panel - determination of relevant person status

45

(1) Where a pre-hearing panel is to be arranged by virtue of section 79(2)(a) or (b) (referral of certain matters for pre-hearing determination) of the Act (whether or not it is also to determine any matter mentioned in section 79(3)), wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) any appointed safeguarder;

(f) the three members of the pre-hearing panel;

(g) the National Convener.

(3) The notice must inform—

(a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;

(b) the persons mentioned in paragraph (2)(a) to (e) that they—

(i) have the right to attend the pre-hearing panel;

(ii) may make representations (orally or in writing) to the pre-hearing panel relating to whether the individual mentioned in paragraph (2)(c) or (d) should be deemed to be a relevant person;

(iii) may give any report or other document relevant to that matter for the consideration of the pre-hearing panel;

(iv) have the right to request that the Reporter takes all reasonable steps to enable the child, each relevant person, or the individual in question, as the case may be, to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication; and

(c) the individual mentioned in paragraph (2)(c) or (d) that the individual, if deemed a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act after that determination has been made, may request the pre-hearing panel to determine any matter mentioned in section 79(3) of the Act.

(4) Where the pre-hearing panel will also determine any other matter referred under section 79(2)(c) of the Act the notice must state that fact and—

(a) inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on that matter unless they are deemed to be a relevant person; and

(b) inform the persons mentioned in (2)(a), (b) or (e) that they may—

(i) make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel; and

(ii) give any report or other document relevant to those matters for the consideration of the pre-hearing panel.

Arranging pre-hearing panels to determine matter in section 79(3) (referral of certain matters for pre-hearing determination) of the Act

46

(1) Where a pre-hearing panel is to be arranged by virtue only of section 79(2)(c) of the Act wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the pre-hearing panel;

(e) the National Convener.

(3) The notice must inform—

(a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;

(b) the persons mentioned in paragraph (2)(a) to (d) of the matters to be determined by the pre-hearing panel; and

(i) have the right to attend the pre-hearing panel;

(ii) may make representations (orally or in writing) to the pre-hearing panel;

(iii) may give any report or other document for the consideration of the pre-hearing panel;

(iv) have the right to request that the Reporter takes all reasonable steps to enable the child and each relevant person to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.

Provision of information to pre-hearing panel

47

(1) Where any person mentioned in rule 45(2)(a) to (e) or 46(2)(a) to (c), as the case may be, wishes to make written representations or give any report or other document for the consideration of the pre-hearing panel, as soon as possible and wherever practicable no later than 4 days before the intended date of the pre-hearing panel, that person must give those representations, report or other document to the Reporter.

(2) Subject to the provisions of paragraphs (6) and (7), where the Reporter receives any representations, report or other document under paragraph (1), wherever practicable no later than 3 days before the intended date for the pre-hearing panel the Reporter must give a copy of that information to the persons mentioned in rule 45(2)(a) to (f) or 46(2)(a) to (d), as the case may be, (unless that person gave the information in question to the Reporter).

(3) Where any person mentioned in rule 45(2)(a) to (e) or 46(2)(a) to (c), as the case may be, is unable to attend the pre-hearing panel and wishes to make oral representations for the consideration of the pre-hearing panel that person may make those representations to the Reporter.

(4) The Reporter must make a record of any representations given under paragraph (3) and give a copy of that record to those persons mentioned in rule 45(2)(a) to (f) or 46(2)(a) to (d), as the case may be, as soon as possible before the beginning of the pre-hearing panel.

(5) As soon as possible before the beginning of the pre-hearing panel the Reporter must also give the persons mentioned in rule 45(2)(a) to (f) or 46(2)(a) to (d), as the case may be, any other document, or part of a document, that is relevant to the issues to be determined by the pre-hearing panel and is in the possession of the Reporter.

(6) Where the matter referred to a pre-hearing panel concerns the question of whether a particular person should be deemed to be a relevant person, the obligation under paragraph (2) shall only apply to such material as the Reporter considers relevant to the question of whether that person should be deemed to be a relevant person.

(7) The provisions of Part 19 of these Rules apply to any representations, report or other document received by the Reporter under paragraph (1) as they apply to any document relating to a children’s hearing.

Procedure at pre-hearing panel determination of whether to deem an individual to be a relevant person

48

(1) At the beginning of the pre-hearing panel the chairing member must explain the purpose of the pre-hearing panel.

(2) The pre-hearing panel, despite a referral not having been made under section 79(2) (referral of certain matters for pre-hearing determination) of the Act, must consider whether to deem an individual, who is present at the pre-hearing panel, to be a relevant person on the request of—

(a) the child;

(b) any relevant person;

(3) Where the pre-hearing panel is to consider whether to deem an individual to be a relevant person under paragraph (2) the provisions of the Act (other than section 81(2) (determination of claim that person be deemed a relevant person)) and these Rules apply as if the matter had been referred under section 79 of the Act.

(4) Where the pre-hearing panel is to determine the matter of whether any individual should be deemed to be a relevant person, the chairing member—

(a) must invite any of the persons mentioned in paragraph (5), who is in attendance, to give to the pre-hearing panel any representations (orally or in writing) or any other document or information in addition to any given under these Rules that the person wishes to give for the consideration of the pre-hearing panel; and

(b) may invite any other person that the pre-hearing panel consider appropriate to do so.

(5) Those persons are—

(a) the child;

(b) any relevant person;

(6) Each member of the pre-hearing panel must state their determination on that matter under paragraph (2) and the reasons for that determination.

(7) Once each member of the pre-hearing panel has stated their determination on that matter the chairing member must confirm the determination of the pre-hearing panel in respect of the matter and the reasons for that determination.

(8) Where the pre-hearing panel has made a determination under section 81(3) of the Act the chairing member must inform the persons mentioned in paragraph (9) of their right to appeal that determination under section 160 of the Act.

(9) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual in respect of whom the pre-hearing panel determined that the individual is not to be deemed a relevant person.

Procedure at pre-hearing panel determination of whether to deem an individual to be a relevant person

49

(1) Where the pre-hearing panel is to determine any matter of a type mentioned in section 79(3) (referral of certain matters for pre-hearing determination) of the Act, the chairing member—

(a) must invite any of the persons mentioned in rule 48(4)(a) and (b), who is in attendance, to give to the pre-hearing panel any representations (orally or in writing) or any other document or information in addition to any given under these Rules that the person wishes to give for the consideration of the pre-hearing panel; and

(b) may invite any other person that the pre-hearing panel consider appropriate to do so.

(2) Each member of the pre-hearing panel must state their determination on each matter and the reasons for that determination.

(3) Once each member of the pre-hearing panel has stated their determination on each matter the chairing member must confirm the determination of the pre-hearing panel in respect of each matter and the reasons for that determination.

Notice of pre-hearing panel determination

50

(1) As soon as practicable after the pre-hearing panel the Reporter must give notice of any determination of the pre-hearing panel and the reasons for that determination to the persons mentioned in paragraph (2) as regards—

(a) whether any individual should or should not be deemed to be a relevant person; and

(b) any other matter referred to the pre-hearing panel.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the chief social work officer of the relevant local authority for the child.

(3) Where a pre-hearing panel determined that an individual is not to be deemed a relevant person, as soon as practicable after the pre-hearing panel the Reporter must give notice of that determination to the individual in question and the reasons for that determination.

(4) When issuing the notice under paragraph (1) or (3) the Reporter must also give notice of any relevant right of appeal of the recipient of the notice under section 160 (appeal to sheriff against relevant person determination) of the Act.

(5) Where the pre-hearing panel has determined that a child or relevant person is to be excused from attending all or part of the children’s hearing, the Reporter must inform the child and relevant person as the case may be, that—

(a) the child or relevant person has been excused;

(b) the child or relevant person has the right to attend the hearing; and

(c) they have the right to request that the Reporter make arrangements to enable the child, or the relevant person, as the case may be, to attend the children’s hearing or part of the children’s hearing by way of telephone, video link or any other method of communication.

(6) Where the pre-hearing panel has determined that it is likely that a children’s hearing will consider making a compulsory supervision order or an interim compulsory supervision order including a secure accommodation authorisation in relation to the child, the Reporter must, as soon as possible after that determination, notify the Scottish Legal Aid Board of that fact and the name and address of the child.

(7) Where the pre-hearing panel has determined that—

(a) for the purpose of enabling a child or any relevant person to participate effectively in the proceedings before the children’s hearing it may be necessary that the child or relevant person be represented by a solicitor or counsel; and

(b) it is unlikely that the child or relevant person will arrange to be represented by a solicitor or counsel,

the Reporter must, as soon as possible after that determination, notify the Scottish Legal Aid Board of that determination and the reasons for it and the name and address of the child or relevant person.

Provision of information to persons deemed to be relevant persons

51

Where the pre-hearing panel deems a person to be a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act, as soon as practicable after that determination, the Reporter must give to that person all information given under these Rules which is to be given to each relevant person.

Notification of matter to be determined under section 79 (referral of certain matters for pre-hearing determination) where not practicable to arrange a pre-hearing panel before the date fixed for the children's hearing

52

(1) Where section 80(3) (determination of matter referred under section 79) of the Act applies, as soon as practicable, the Reporter must give notice to the persons mentioned in paragraph (2) that the matter to be referred to a pre-hearing panel under section 79(2) of the Act will be referred to the children’s hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) any appointed safeguarder;

(f) the three members of the children’s hearing.

(3) The notice under paragraph (1) must inform—

(a) the persons mentioned in paragraph (2)(a) to (e)—

(i) of the date, time and place of the children’s hearing;

(ii) of the matters to be determined by the children’s hearing by virtue of section 80(3) of the Act;

(iii) that they have the right to attend that part of the children’s hearing;

(iv) that they have the right to request that the Reporter takes all reasonable steps to enable the child, relevant person, or the person mentioned in paragraph (2)(c) or (d), as the case may be, to attend the children’s hearing by way of telephone, through video link or by using any other method of communication;

(v) that they may make representations (orally or in writing) to the children’s hearing relating to any matter referred under section 79 of the Act, except where paragraph (4) applies;

(vi) that they may give any report or other document relevant to that matter for the consideration of the children’s hearing; and

(b) the individual mentioned in paragraph (2)(c) or (d), that the individual, where deemed to be a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act, may request the children’s hearing to determine any matter mentioned in section 79(3) of the Act.

(4) Where the children’s hearing will also determine any matter referred under section 79(2)(c) of the Act the notice must inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on that matter unless they are deemed to be a relevant person.

Provision of information relating to matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act to the children's hearing

53

(1) Where any person mentioned in rule 52(2)(a) to (e) wishes to make written representations or give any report or other document for the consideration of the children’s hearing, as soon as practicable, and wherever practicable no later than 4 days before the date fixed for the children’s hearing that person must give those representations, report or other document to the Reporter.

(2) Where the Reporter receives any representations, reports or other document under paragraph (1), as soon as practicable before the beginning of the children’s hearing, the Reporter must give a copy of that information to the persons mentioned in rule 52(2) (unless that person gave the information in question to the Reporter).

(3) Where any person mentioned in rule 52(2)(a) to (e) is unable to attend the children’s hearing and wishes to make oral representations for the consideration of the children’s hearing that person may make those representations to the Reporter.

(4) The Reporter must make a record of any representations given under paragraph (3) and give a copy of that record to those persons mentioned in rule 52(2) as soon as practicable before the beginning of the children’s hearing.

(5) As soon as practicable before the beginning of the children’s hearing the Reporter must also give the persons mentioned in rule 52(2) any other document or part of a document that is relevant to the issues under section 79 of the Act to be determined by the children’s hearing and is in the possession of the Reporter.

Children's hearing determining a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act

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Where by virtue of section 80(3) (determination of matter referred under section 79) of the Act the children’s hearing is to determine a matter referred under section 79 of the Act—

(a) rules 48(2) to (9) and 49 apply; and

(b) references in those rules to the pre-hearing panel are to be read as references to the children’s hearing.

Children's hearings' power to determine whether a person should be deemed to be a relevant person where no referral made under section 79 (referral of certain matters for pre-hearing determination) of the Act

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(1) A children’s hearing held in relation to a child by virtue of section 69(2) (determination under section 66: referral to children’s hearing) or Part 9 to 11 (children’s hearing; proceedings before sheriff; subsequent children’s hearings) or 13 (review of compulsory supervision order) of the Act, despite a referral not having been made under section 79 of the Act, must consider whether to deem an individual who is present at the hearing to be a relevant person on the request of—

(a) the child;

(b) any relevant person;

(2) Where the children’s hearing is to consider whether to deem an individual to be a relevant person under paragraph (1) the provisions of the Act (other than section 80 (determination of matter referred under section 79) and these Rules apply as if the matter had been referred under section 79 of the Act.

PART 13 — Appointment of safeguarder and safeguarders' reports

Appointment of safeguarder by pre-hearing panel or children's hearing

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(1) Where the pre-hearing panel appoint a safeguarder for the child the Reporter must—

(a) inform the safeguarder of the date, time and place (if known) of the next children’s hearing to be held in relation to the child; and

(b) give to the safeguarder the information mentioned in paragraph (3), as soon as practicable before the intended date of the hearing.

(2) Where the children’s hearing appoint a safeguarder for the child the Reporter must—

(a) inform the safeguarder of the date, time and place (if known) of the next children’s hearing to be held in relation to the child, or the hearing to take place under Part 10 (proceedings before sheriff) of the Act, as the case may be; and

(b) give to the safeguarder the information mentioned in paragraph (3) as soon as practicable and no later than 7 days before the intended date of the hearing.

(3) That information is—

(a) any information given to the three members of the children’s hearing under these Rules;

(b) a copy of the pre-hearing panel’s or the children’s hearing’s decision and the reasons for that decision; and

(4) Where the safeguarder is required to prepare a report under section 33(1)(a) (functions of safeguarder) of the Act, within 35 days of being appointed the safeguarder must prepare and give a report or interim report to the Reporter.

(5) Where an interim report is given to the Reporter under paragraph (4) the safeguarder must also give to the Reporter—

(a) a statement explaining the reasons for the production of an interim report;

(b) details of further investigations or information to be sought by the safeguarder; and

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