Children's hearings training resource manual: volume 1

Section 16 Step by Step Procedures - Pre-hearing Panel

These procedures are a combination of legislation and best practice.

Rule 7(1) of the Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

states:

"The procedure at any children's hearing or pre-hearing panel required to be held by virtue of the Act or any other enactment unless provided for under the Act or Rules, is to be determined by the chairing member"

The Children's Hearings (Scotland) Act 2011 requires that the welfare of the child must be the paramount consideration of a children's hearing or pre-hearing panel, unless members of the public are to be protected from serious harm and then the welfare of the child is the primary consideration rather than the paramount one.

BEFORE THE PRE-HEARING PANEL

Checklist

• Check list of those who are present and their entitlement to attend.
• Check what the pre-hearing panel is being asked to consider and the possible options.
• Check papers - do you all have the same information?

AT THE BEGINNING OF THE PRE-HEARING PANEL

The Chairing Member

1. Welcomes everyone; introduces him/herself and the other two panel members; explains their role within the pre-hearing panel; asks people present to introduce themselves and checks the status of those attending.

N.B. The child/relevant person has a right but not a duty to attend and so there is no need to excuse the child/relevant person if they are not present but the chairing member should check that notification has been sent.

2. Explains the purpose(s) of the pre-hearing panel.

3. Checks with the child/relevant person if they have any objection to an observer coming in to the pre-hearing panel.

4. Ascertains that people attending the pre-hearing panel have received the papers.

APPLICATION FOR DEEMED RELEVANT PERSON STATUS

The Panel Members

5. Where there is an application for someone to be deemed a relevant person this mater must be considered at the start of the pre-hearing panel.

The Chairing Member

6. When determining if an individual has a significant involvement in the upbringing of the child: invites the child, any relevant person and any individual about whom the deemed relevant person determination is being considered, if present, to give any representations (orally or in writing) or any other document or information for the consideration of the pre-hearing panel.

The Panel Members

7. Each panel member gives their determination on the matter of deemed relevant person status and the reasons for the determination.

The Chairing Member

8. Confirms the determination and the reasons for the determination.

9. Informs the child, each relevant person, any individual the pre-hearing panel has decided is or is not a relevant person that they all have a right to appeal the determination.

10. Ensures that where an individual has not been deemed to be a relevant person and there are other matters to consider, that individual should leave the pre- hearing panel.

PRE-HEARING PANEL DEALING WITH OTHER MATTERS

(Excusing the child, excusing any relevant person or deciding if the subsequent hearing is likely to be considering secure accommodation).

The Chairing Member

11. When considering any other matter, invites the child or any relevant person, if present, to give any representations (orally or in writing) or any other document or information for the consideration of the pre-hearing panel.

The Panel Members

12. Each panel member gives their determination on the matter and their reasons for the determination.

The Chairing Member

13. Confirms the determination and the reasons for the determination.

14. Advises the child and any relevant person that they will get a copy of the determination and the reasons for the determination in writing.

15. Closes the pre- hearing in an appropriate way.

N.B. The pre-hearing panel can appoint a safeguarder if one is not already in place (but there is no obligation to consider the appointment in every case). Panel members should raise the issue when appropriate.

The Panel Members

16. Where a pre-hearing panel has decided that it is likely that a children's hearing will consider making a compulsory supervision order or an interim compulsory supervision order including secure accommodation authorisation in relation to the child, the reporter must, as soon as possible notify the Scottish Legal Aid Board and give them the name and address of the child.

17. Where a pre-hearing panel recommends that:

• In order for the child or any relevant person to participate effectively in the children's hearing, it is necessary that the child or relevant person be represented by a solicitor or counsel.

and

• It is unlikely that the child or relevant person will arrange to be represented by a solicitor or counsel.
• The reporter must, as soon as possible, notify the Scottish Legal Aid Board of the pre- hearing panel's decision and reasons and give them the name and address of the child or relevant person.