Regard to be had to child's views
3Proceedings under Children's Hearings (Scotland) Act 2011
1
The Children's Hearings (Scotland) Act 2011 is modified as follows.
2
In section 27 (views of the child), for subsections (3) and (4) substitute—
3
The children's hearing, pre-hearing panel or the sheriff must—
a
give the child an opportunity to express the child's views in—
i
the manner that the child prefers, or
ii
a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and
b
have regard to any views expressed by the child, taking into account the child's age and maturity.
4
But the children's hearing, pre-hearing panel or the sheriff is not required to comply with subsection (3) if satisfied that—
a
the child is not capable of forming a view, or
b
the location of the child is not known.
4A
The child is to be presumed to be capable of forming a view unless the contrary is shown.