Children's Hearings

This is a legal tribunal which consists of 3 lay members of the public who have been trained to become Children’s Hearing Panel Members. Their job is to decide what they think is best for the child that is the subject of the Hearing. There will be a number of people in attendance at the Hearing including the child (if not excused), the Children’s Reporter, the child’s parents, any “relevant persons” and or other family members (if permitted to attend), social work and other services such as health or education. The panel will listen to what each person has to say and make a decision about whether the child requires to be made subject to a Compulsory Supervision Order on an interim or longer term basis.

These are the reasons why the child has been referred to the Children’s Reporter and why a Children’s Hearing has been arranged. They are contained within Section 67 of the Children’s Hearing (Scotland) Act 2011. If the child and “relevant persons” accept the grounds of referral, a full Hearing will take place and decision will be made about whether the child is made subject to a Compulsory Supervision Order. If grounds are not accepted, the panel may refer the grounds to the Sheriff Court and ask the Sheriff to decide whether the grounds apply in this case. The Panel does have the option to discharge the referral instead of sending to the Sheriff Court.

It is a legal document which regulates the relationship that the Local Authority will have with a child and can impose certain conditions such as where that child will live and what support the Local Authority must provide them with. The order can also regulate what contact a person has with a child and other important matters relating to their care. It is expected that the Local Authority will implement the order. It lasts for a year but can be reviewed after a period of 3 months if requested by a child or Relevant Person or by the Local Authority at any time.

A Relevant Person is a person who is either a parent of a child, a person who holds parental rights and responsibilities or someone who has been “deemed” a Relevant Person by the Children’s Hearing. Relevant Persons do not need to be parents of the child. In order to be deemed a Relevant Person, someone must have or have recently had “significant involvement in the upbringing of the child.” It is possible to ask a Children’s Hearing to consider deeming someone a Relevant Person. Relevant Persons are provided with a full set of papers for the hearing, have a right and duty to attend and can also to bring a solicitor with them.

The child, a Safeguarder who has been appointed for them or any Relevant Person is able to appeal various decisions of a Children’s Hearing to the Sheriff Court. An appeal to the Sheriff Court will be upheld if the Court considers that the decision and reasons of the Panel were not justified. There are tight timescales in appealing decisions and so it is important that you take legal advice as soon as you can after the Hearing takes place. 

Yes. We can provide advice in relation to Children’s Hearings on a legally aided basis if you qualify.