Children's Hearings (Scotland) Act 2011

155 Procedure S

(1) This section applies where an appeal under section 154 is made.

(2) The Principal Reporter must lodge with the sheriff clerk a copy of—

(a) the decision, and the reasons for the decision, of the children's hearing,

(b) all information provided by virtue of rules under section 177 to the children's hearing, and

(c) the report of the children's hearing.

(3) The appeal must not be heard in open court.

(4) The sheriff may (but need not) hear evidence before determining the appeal.

(5) The sheriff may hear evidence from—

(a) the child,

(b) a relevant person in relation to the child,

(c) an author or compiler of a report or statement provided to the children's hearing that made the decision,

(d) the Principal Reporter,

(e) where the appeal is against a decision to make, grant, vary or continue an order or warrant including a secure accommodation authorisation in respect of the child—

(i) the person in charge of the secure accommodation specified in the secure accommodation authorisation, and

(ii) the chief social work officer, and

(f) any other person who the sheriff considers may give material additional evidence.

(6) The sheriff may require any person to give a report to the sheriff for the purpose of assisting the sheriff in determining the appeal.

(7) Subsection (6) applies in relation to a safeguarder only if regulations under [F1 section 34] so provide.

Textual Amendments

F1 Words in s. 155(7) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(14)

Commencement Information

I1 S. 155 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3