Children's Hearings and Deemed Relevant Persons: T v Locality Reporter
Author | Alyson Evans |
Date | 01 May 2015 |
Pages | 244-248 |
Published date | 01 May 2015 |
DOI | 10.3366/elr.2015.0275 |
The question of who is a “relevant person” for the purposes of the children's hearings system is one which has attracted much litigation The issue has occupied both the Supreme Court ( Children's Hearings (Scotland) Act 2011 ss 74(2) and 78(1)(c). The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013, SSI 2013/194, rules 27, 30, 31, 34, 39–44. Children's Hearings (Scotland) Act 2011 ss 154, 160–162. [2014] CSIH 108, 2015 GWD 1–23. 2011 Act s 81(3).
If a person holds parental responsibilities and rights, or parental responsibility for the child, or is the child's parent, then the person is a relevant person by definition.
S 200(1).
In addition, and this is the provision with which the Inner House inAn appeal about a deemed relevant person decision can be made to the sheriff,
S 160.
and if the sheriff is satisfied that the decision is justified he must confirm the decision.S 160(3).
S 160(4).
The appeal to the Inner House was brought by the parents of two children against the determination of Sheriff McCulloch at Kirkcaldy Sheriff Court that a decision of a pre-hearing panel to deem the children's foster carers, Mr and Mrs R, as relevant persons was justified.
The sheriff's decision is reported as
In July 2013 the children's father requested a review hearing
S 132(3).
and this was arranged to take place in August 2013 under the 2011 Act, which had only just entered into force. Mr and Mrs R had cared for the children since February 2012, and had been relevant persons under the 1995To continue reading
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