Children's Hearings (Scotland) Rules 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/3261 |
| Year | 1996 |
1996 No. 3261 (S.251)
CHILDREN AND YOUNG PERSONS
Children’s Hearings (Scotland) Rules 1996
Made 18th December 1996
Laid before Parliament 31th December 1996
Coming into force 1st April 1997
The Secretary of State, in exercise of the powers conferred on him by section 42(1) of the Children (Scotland) Act 19951, and of all other powers enabling him in that behalf, hereby makes the following Rules:
PART I
INTERPRETATION, ETC
Citation and commencement
1. These Rules may be cited as the Children’s Hearings (Scotland) Rules 1996 and shall come into force on 1st April 1997.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires–
“the Act” means the Children (Scotland) Act 1995;
“the 1978 Act” means the Adoption (Scotland) Act 19782;
“the 1994 Act” means the Local Government etc. (Scotland) Act 19943;
“the 1995 Act” means the Criminal Procedure (Scotland) Act 19954;
“the 1996 Regulations” means the Secure Accommodation (Scotland) Regulations 19965;
“chairman” means the chairman of a children’s hearing;
“child” has the meaning given to that term by section 93(2)(b) of the Act;
“child protection order” has the meaning given to that term by section 57 of the Act;
“children’s hearing” means a children’s hearing as defined in section 39(3) of the Act;
“day” means a period of twenty-four hours commencing at midnight;
“enactment” includes any order, regulation or other instrument made under the Act;
“local authority” means the local authority for the area of the children’s hearing;
“relevant person” has the meaning given to that term by section 93(2)(b) of the Act;
“Principal Reporter” has the meaning given to that term by section 93(1) of the Act;
“representative” has the meaning given to that term by rule 11(3) below;
“safeguarder” means a person appointed by a children’s hearing under section 41(1) of the Act for the purpose of safeguarding the interests of the child in the proceedings;
“Scottish Children’s Reporter Administration” has the meaning given to that term by section 128 of the 1994 Act;
“secure accommodation” means accommodation provided in a residential establishment in accordance with the 1996 regulations for the purpose of restricting the liberty of children.
(2) Unless the context otherwise requires, any reference in these Rules to:
(a)
(a) a numbered rule or Form shall be construed as a reference to the rule or Form bearing that number in these Rules; and any reference to a specified paragraph or sub-paragraph shall be construed as a reference to that paragraph or sub-paragraph in the rule in which that reference occurs; and
(b)
(b) a Form includes a Form substantially to the same effect as that set out in these Rules with such variation as circumstances may require.
PART II
CONSTITUTION AND ARRANGEMENTS OF CHILDREN'S HEARINGS
Recording and transmission of information at beginning of case
3.—(1) Where the Principal Reporter receives information from any source of a case which may require a children’s hearing to be arranged, he shall keep a record of the name and address where available of the person from whom the information was received.
(2) Where the Principal Reporter decides that no further action on the case is required as mentioned in subsection (4) of section 56 of the Act, or refers the case to the local authority under subsection (4)(b) of that section, or arranges a children’s hearing under subsection (6) of that section, he shall–
(a)
(a) keep a record of that decision or, as the case may be, that course of action; and
(b)
(b) if the information was received from a local authority or an officer of a police force, give notice of that decision, or as the case may be, that course of action to that local authority or, the chief constable of that police force.
Business meeting preparatory to constitution of children’s hearing
4.—(1) Where the Principal Reporter arranges a children’s hearing, he may, for the purpose of–
(a)
(a) determining any procedural matter specified in paragraph (2), and
(b)
(b) obtaining any direction or guidance in relation to the performance of his functions in relation to the proceedings,
arrange a meeting (in this rule referred to as a “business meeting”) with members of the children’s panel from which the children’s hearing is to be constituted and with the provisions the same as in section 39(5) of the Act applying to the business meeting.
(2) A business meeting shall determine any of the following procedural matters as may be referred to the meeting by the Principal Reporter–
(a)
(a) whether notice of the children’s hearing is to be given by the Principal Reporter under rule 7 to a person as a “relevant person” in terms of paragraph (c) of the definition of that term in section 93(2)(b) of the Act (person who appears to be a person who ordinarily (and other than by reason only of his employment) has charge of, or control over, the child);
(b)
(b) where notice of the children’s hearing has been or is to be given by the Principal Reporter to the child under rule 6, whether notice is also to be given that the child is released under section 45(2)6of the Act from the obligation to attend the hearing under subsection (1)(b) of that section; and
(c)
(c) where notice has been or is to be given by the Principal Reporter to a relevant person under rule 7, whether notice is also to be given that the hearing are satisfied under section 45(8)(b) of the Act that it would be unreasonable to require his attendance or that his attendance is unnecessary for the proper consideration of the case.
(3) Where the Principal Reporter arranges a business meeting under paragraph (1), he shall, not later than 4 working days before the date of the meeting–
(a)
(a) give notice in writing to the members of the panel who will attend the meeting of the date, time and place of the meeting;
(b)
(b) give notice in writing to the child, any relevant person and any safeguarder that the meeting has been arranged and of the date on which it is to be held;
(c)
(c) give to the members of the panel and to the child, any relevant person and any safeguarder–
(i) notice of the matters referred to the business meeting for determination or for direction and guidance;
(ii) a copy of any documents or information relevant to these matters; and
(iii) a copy of the grounds of referral of the case of the child prepared in terms of section 65 of the Act.
(4) The Principal Reporter shall, when giving notice under paragraph (3), advise the child, any relevant person and any safeguarder–
(a)
(a) of their entitlement to make their views on the matters to be considered by the business meeting known to the Principal Reporter, and
(b)
(b) that any such views shall be presented by him to the meeting.
(5) The Principal Reporter shall record in writing any views given to him other than in writing under paragraph (4), for the purpose of presenting these views to the business meeting for consideration.
(6) The Principal Reporter shall as soon as reasonably practicable after receiving any views give a copy of these views in writing to the members of the children’s panel who will attend the business meeting and to the other persons who received notice of the meeting under paragraph (3).
(7) Before making a determination, or giving guidance or directions to the Principal Reporter, the business meeting shall consider any views given to them under paragraph (6).
(8) Where the business meeting has made a determination, or given guidance or directions to the Principal Reporter as to the exercise of his functions, the Principal Reporter shall as soon as reasonably practicable give notice in writing of the determination or, as the case may be, the guidance or direction, to the child, any relevant person and any safeguarder.
Notification of children’s hearings and provision of documents to chairman and members, relevant persons etc.
5.—(1) Subject to the 1996 Regulations, where the Principal Reporter arranges any children’s hearing, he shall wherever practicable at least seven days before the date of the hearing notify the chairman and members of the time and place of the hearing and, subject as aforesaid, as soon as reasonably practicable but not later than three days before the date of the hearing, he shall give to each of them a copy of any of the following documents as are relevant to the case of a child to be considered at the hearing:–
(a)
(a) a report of a local authority on the child and his social background;
(b)
(b) the statement of the grounds for the referral of the case to the children’s hearing prepared under rule 18;
(c)
(c) any judicial remit or reference or any reference by a local authority;
(d)
(d) any supervision requirement to which the child is subject;
(e)
(e) any report prepared by any safeguarder appointed in the case;
(f)
(f) any views of the child given in writing to the Principal Reporter by virtue of rule 15(4).
(2) If the Principal Reporter has obtained any information (including any views of the child given orally to the Principal Reporter by virtue of rule 15) or any document, other than a document mentioned in paragraph (1) which is material to the consideration of the case of a child at any children’s hearing, he shall make that information or copies of that document available to the chairman and members of the children’s hearing before the hearing.
(3) Where the Principal Reporter gives a copy of any document to the chairman and members of the children’s hearing under paragraph (1), or makes available to them information or any document or copy thereof under paragraph (2), he shall at the same time give...
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