Children's hearings redesign - policy proposals: consultation

Footnotes

1 The-Promise.pdf (carereview.scot)

2 hearings-for-children-the-redesign-report.pdf (thepromise.scot)

3 Redesign Report - Redesign Report (thepromise.scot)

4 Hearings for Children report: response - Hearings for Children report: response - gov.scot (www.gov.scot)

5Getting it right for every child (GIRFEC) - GIRFEC - gov.scot (www.gov.scot)

6United Nations Convention on the Rights of the Child (UNCRC) - The United Nations Convention on the Rights of the Child

7 For example, Children and Young People (Scotland) Act 2014 (legislation.gov.uk) and Sentencing of young people guideline (scottishsentencingcouncil.org.uk)

8 The KILBRANDON Report - gov.scot (www.gov.scot)

9 GIRFEC Statutory Guidance - GIRFEC Statutory Guidance assessment

10 https://www.gov.scot/policies/girfec/whole-family-wellbeing-funding/

11 CHIP-Vision-and-Values-July-2016.pdf (usercontent.one)

12 Language Leaders | Children’s Hearings Improvement Partnership (chip-partnership.co.uk)

13 Children (Scotland) Act 1995 (legislation.gov.uk)

14 Section 200 of the 2011 Act and Article 3 of the Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013 sets out who are automatically considered Relevant Persons. Respondents should be aware that there is a judgement pending in a Judicial Review which will consider whether the parameters defining “automatic” Relevant Persons in the 2013 Order are compatible with ECHR rights. Revisions to these parameters may therefore be required and will be addressed as part of the outcomes of this consultation.

15 Section 81(3) Children's Hearings (Scotland) Act 2011 (legislation.gov.uk)

16 Your Rights - SCRA

17 The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (legislation.gov.uk)

18 Recommendation 5.1.1, HfC Report

19 Under Section 109 of the Children’s Hearings (Scotland) Act 2011, a Sheriff has power to make an ICSO

20 Principal Reporter’s Practice Direction 7, paragraph 2.1

21 C.f. JLM v Scottish Children’s Reporter Administration 2019 SC 600

22 See s96(2) Children and Young People (Scotland) Act 2014

23 C.f. recommendation 7.4, HfC Report

24 See s23A Children (Scotland) Act 1995

25 Paragraph 3.3, Principal Reporter’s Practice Direction 1

26 Recommendation 5.1.3, Hearings for Children

27 Recommendation 2.3, Hearings for Children

28 “Wherever possible, there must be a consistent Sheriff in the grounds and appeal processes.”

29 See sections 93(2)(a) and 94(2)(a), Children’s Hearings (Scotland) Act 2011

(^[30]) Section 94 of the 2011 Act. This also applies where a child has not understood the explanation in relation to a ground of referral.

31 “The benefit of a statutory three month set time limit for the determination of grounds, with scope for this to be extended in extreme circumstances, at the discretion of the Sheriff.”

32 Section 12 of the 2011 Act enshrines the independence of the National Convener; section 12 is subject to section 10(e) of the 2011 Act which provides that the Scottish Ministers may, by order, specify the manner in which, or period within which, any function conferred on the National Convener by virtue of this Act is to be carried out. The Scottish Ministers may also, by order, confer, remove, or transfer functions in respect of the National Convener.

33 SCRA currently apply a Red Amber Green assessment to likely case complexity in support of scheduling and time management. This could be built upon with the National Convener to assist with appropriate rota compilation and case allocation in a redesigned system.

34 Report-9-Coronavirus-Supplementary-Data-Report-CHS-SCRA-FINAL.pdf (usercontent.one)

35 See regulations 5(1), 10(5) and (6) of the Secure Accommodation (Scotland) Regulations 2003 (“the 2003 Regulations”).

36 See regulations 11, 12 and 13 of the 2003 Regulations.