CHILDRENS HEARINGS (SCOTLAND )ACT 2011 Date JUNE 2011

1. CHILDRENS HEARINGS (SCOTLAND )ACT 2011 Date JUNE 2011

2. MALCOLM SCHAFFER HEAD OF PRACTICE AND POLICY SCRA

3. TO DEVELOP AWARENESS ABOUT PENDING CHANGES TO THE LAW AND THEIR IMPLICATIONS FOR PRACTICE AIM OF SESSION

4. TIMETABLE • December 2011 likely implementation date re Children’s Hearings Scotland organisation • Practice areas –date to be finalised • Current work on secondary legislation • Formal Training to follow

5. Objectives of the legislation • To provide greater structure and consistency to the children’s panel • To be compliant with Human Rights obligations • To modernise procedures and powers • To increase participation of child

6. MOST RELEVANT ISSUES • New organisation • New powers • Change to existing powers • New appeal procedures • New grounds • Child involvement • Relevant person • Legal representation • Timetable

7. Children’s hearing Scotland • National Convenor appointed –Bernadette Monaghan • Will provide national standards of recruitment , monitoring reselection , legal advice and training • S144-148 Implementation of supervision orders • S 180 feedback loop

8. NEW POWERS • S 86 interim compulsory supervision orders –replacing warrants for detention • S 87 medical examination orders-only available once grounds established

9. CHANGES TO EXISTING POWERS • S52(3) cpo will cease to have effect at end of 6 day period if child has not been removed to place of safety in that period • S 199 a child remains a ‘child’ within legal definition if reaches 16 after referral made but before decision taken by reporter

10. NEW APPEAL PROCEDURES • S 162 appeal against decision to implement secure authorisation • S166 review of requirement imposed on local authority

11. NEW GROUNDS • S 67(e)child is being or is likely to be exposed to persons whose conduct is(or has been)such that is likely that 1 the child will be abused or harmed or 2 the child’s health, safety or devlopment will be seriously adversely affected

12. NEW GROUNDS • S67(f) the child has or is likely to have a close connection with a person who has carried out domestic abuse • S67(m)the child’s conduct has had or is likely to have a serious adverse effect on the health , safety or development of the child or another person

13. NEW GROUNDS • s 67(p)the child • is being,or is likely, to be, subjected to physical , emotional, or other pressure to enter into a marriage or civil partnership or • Is ,or is likely to become, a member of the same household as such a child

14. CHILD’S VIEWS • S 121 confirmation that child has been given opportunity to express views before hearing • S 122 children’s advocacy services • S 178 non disclosure of information about child to person if likely to cause significant harm to that child

15. RELEVANT PERSON • Definition –s 200 • S81 test of significant involvement and role of prehearing panel • S 126 review of contact direction • Supreme Court case of K requires to be incorporated –impact on anyone whose right to family life may be interfered with

16. LEGAL REPRESENTATION • S 191 and 192 –to ensure effective participation in hearing and where threat of deprivation of liberty for the child • Role of Scottish legal Aid Board re quality assurance