The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Amendment Rules 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/68 |
| Year | 2021 |
2021 No. 68
Children And Young Persons
The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021
Made 8th February 2021
Coming into force 26th July 2021
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 20111and all other powers enabling them to do so.
In accordance with sections 177(4) and 197 of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Rules may be cited as the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 and come into force on 26 July 2021.
Modification of the rules of procedure in children’s hearings
2.—(1) The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 20133are modified as follows.
(2) After rule 2 (interpretation) insert—
“Individuals to be afforded opportunity to participate
2A.—(1) This rule applies only in respect of children’s hearings held, or to be held, by virtue of—
(a)
(a) section 69(2) of the Act (determination under section 66: referral to children’s hearing),
(b)
(b) Parts 9 to 11 of the Act (children’s hearing; proceedings before sheriff; subsequent children’s hearings), or
(c)
(c) Part 13 of the Act (review of compulsory supervision order).
(2) An individual is to be afforded an opportunity to participate in relation to a children’s hearing if the Reporter is satisfied, or a pre-hearing panel or children’s hearing has determined—
(a)
(a) that the criteria in paragraph (3) are met by the individual in relation to the children’s hearing, or
(b)
(b) in the case of a children’s hearing arranged (wholly or partly) in consequence of a request being made under section 132A of the Act4(right of person not afforded opportunity to participate to require review), that subsection (2) of that section applies to the individual.
(3) The criteria referred to in paragraph (2) are—
(a)
(a) the individual is living or has lived with the child,
(b)
(b) the individual and the child have an ongoing relationship with the character of a relationship between siblings (whether or not they have a parent in common),
(c)
(c) the children’s hearing is likely to make a decision significantly affecting contact or the possibility of contact between the individual and the child, and
(d)
(d) the individual is capable of forming a view on the matter of contact between the individual and the child.
(4) In considering whether the criteria in paragraph (3) are met, regard is to be had to the views of the child and any relevant person.
(5) These Rules give an individual who is to be afforded an opportunity to participate the rights mentioned in section 79(5ZA) of the Act5(referral of certain matters for pre-hearing determination).”.
(3) In rule 11 (role of representative of the child, relevant person or deemed relevant person)—
(a)
(a) in paragraph (1), for the words from “the child” to “referred” substitute “a person mentioned in paragraph (3) (referred”,
(b)
(b) after paragraph (2) insert—
“3 The persons referred to in paragraph (1) are—
(a) the child,
(b) any relevant person,
(c) any person who wants to be deemed to be a relevant person,
(d) any person who is or wants to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A.”.
(c)
(c) the title of the rule becomes “Role of representatives”.
(4) For Part 5 substitute—
“Part 5
Attendance
Authorisation to attend
(19) Attendance by individual afforded opportunity to participate at children’s hearing
(1)
(1) An individual who is to be afforded an opportunity to participate in relation to a children’s hearing by virtue of rule 2A is authorised to attend the hearing for a period (or periods) beginning and ending in accordance with paragraph (2).
(2)
(2) A period—
(a) begins at such time as the chairing member considers appropriate, and
(b) ends when the chairing member decides that the individual’s attendance is no longer necessary for the proper consideration of how a decision of the hearing may affect contact or the possibility of contact between the individual and the child.
(20) Attendance by representative of individual afforded opportunity to participate at children’s hearing
(1)
(1) An individual who is authorised to attend a children’s hearing by virtue of rule 19 may appoint another person to be the individual’s representative.
(2)
(2) The individual’s representative is authorised to attend the children’s hearing as a person accompanying the individual (see rule 11).
(20A) Attendance by custody officer, etc. at pre-hearing panel or children’s hearing
An individual is authorised to attend a pre-hearing panel or children’s hearing if—
(a)
(a) another person is in the individual’s lawful custody, and
(b)
(b) that other person is attending the panel or hearing.
Attendance by electronic means
(20B) Request to attend pre-hearing panel or hearing by electronic means
(1)
(1) The Scottish Children’s Reporter Administration must take all reasonable steps to enable an individual to attend a pre-hearing panel or children’s hearing by electronic means if the conditions in paragraph (2) are met.
(2)
(2) The conditions referred to in paragraph (1) are—
(a) the individual—
(i) has a right to attend the pre-hearing panel or children’s hearing under section 78(1) of the Act (rights of certain persons to attend children’s hearing), or
(ii) is otherwise entitled to attend by virtue of section 78(2) of the Act,
(b) the individual has made a request to the Reporter to be allowed to attend the panel or hearing by electronic means, and
(c) the Reporter is satisfied that either—
(i) the individual has a good reason for not physically attending the panel or hearing, or
(ii) the individual would be better able to effectively participate in the panel or hearing by attending by electronic means rather than by physically attending it.
(3)
(3) In this rule—
“children’s hearing” includes part of a children’s hearing,
“electronic means” includes telephone and video link.
(20C) Requirement that person attend children’s hearing only by electronic means
(1)
(1) Where a pre-hearing panel has determined in accordance with paragraph (2) or (4) that a person, or category of persons, should be allowed to attend a children’s hearing only by electronic means—
(a) the person, or persons, may attend the hearing by electronic means only, and
(b) the Scottish Children’s Reporter Administration must take all reasonable steps to enable the person, or persons, to attend the hearing by electronic means.
(2)
(2) A pre-hearing panel may determine that a person mentioned in paragraph (3) should be allowed to attend a children’s hearing only by electronic means if satisfied that the person’s physical presence at the hearing, or any part of it, is likely to—
(a) prevent the hearing from obtaining the views of the child or a relevant person, or
(b) cause significant distress to the child or a relevant person.
(3)
(3) The persons referred to in paragraph (2) are—
(a) a relevant person,
(b) a person representing a relevant person,
(c) a person who is to authorised to attend the hearing by virtue of rule 19,
(d) a person representing a person who is authorised to attend the hearing by virtue of rule 19,
(e) a particular representative of a newspaper or news agency.
(4)
(4) A pre-hearing panel may determine that all representatives of newspapers and news agencies should be allowed to attend a children’s hearing only by electronic means if satisfied that the physical presence at the hearing, or any part of it, of any person in that category of persons is likely to—
(a) prevent the hearing from obtaining the views of the child or a relevant person, or
(b) cause significant to distress to the child or a relevant person.
(5)
(5) In this rule, “electronic means” is to be construed in accordance with rule 20B.
Exclusion
(20D) Exclusion from children’s hearing or pre-hearing panel
(1)
(1) The chairing member may exclude from a pre-hearing panel or children’s hearing, for as long as is necessary—
(a) any person whose conduct at the panel or hearing is—
(i) violent or abusive, or
(ii) otherwise so disruptive that, unless the person is excluded, the chairing member would consider it necessary to end or adjourn the panel or hearing,
(b) any person mentioned in paragraph (3) if, in the chairing member’s opinion, the person’s presence—
(i) is preventing, or likely to prevent, the panel or hearing from obtaining the views of a relevant person, or
(ii) is causing, or likely to cause, significant distress to a relevant person attending the hearing.
(2)
(2) After the exclusion has ended, the chairing member must explain to the person what has taken place in the person’s absence.
(3)
(3) The persons referred to in paragraph (1) are—
(a) a relevant person,
(b) a person representing a relevant person,
(c) a representative of a newspaper or news agency.”.
(5) In rule 22 (notification of children’s hearings - general), in paragraph (2)—
(a)
(a) after sub-paragraph (b) insert—
“(ba)
“(ba) any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;”,
(b)
(b) in sub-paragraph (c), for “individual other than a relevant person” substitute “other individual”.
(6) In rule 23 (other information to be given with notification of a children’s hearing to the child and each relevant person), in paragraph (e) after “the child” insert “and each relevant person”.
(7) After rule 23 insert—
“Other information to be given with notification of a children’s hearing to individuals with an opportunity to participate
23A. The Reporter must when issuing the notice under rule...
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