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PART 7SSpecific provision for arranging grounds hearings

Provision of information for a grounds hearing where section 69(3) (determination under section 66: referral to children's hearing) of the Act applies or following the making of a child protection order under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the ActS

29.—(1) This rule applies where—

(a)section 69(3) of the Act applies; or

(b)following receipt of a notice under section 43 (notice of child protection order) of the Act of the making of a child protection order the Reporter is required to arrange a children's hearing under section 69(2) of the Act which is to be held no later than—

(i)where the order contains an authorisation of the type mentioned in section 37(2)(b) (child protection orders) of the Act, the end of the period of 8 working days beginning on the day [F1after the day on which] the child was removed to a place of safety; or

(ii)where the order does not contain such an authorisation, the end of the period of 8 working days beginning on the day [F1after the day on which] the order was made.

(2) As soon as practicable before the beginning of the grounds hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a)the child;

(b)each relevant person;

(c)any appointed safeguarder;

[F2(ca)any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;]

(d)any [F3other individual] who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e)[F4the three members] [F4the members] of the children's hearing;

(f)the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in paragraph (5) as is available.

(5) That information is the information mentioned in rules 23, 26, 27 and where applicable rule 30.

[F5(5A) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(ca)—

(a)the information mentioned in rule 23A, and

(b)any information (including information contained in a document) that—

(i)the Reporter is required by these Rules to give to a relevant person, and

(ii)is about—

(aa)the individual,

(bb)contact between the child and the individual, or

(cc)how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.

(5B) But paragraph (5A)(b) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).]

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) the information mentioned in paragraph (7) as is available.

(7) That information is—

(a)the information mentioned in rules 26, 28 and where applicable rule 30;

(b)a copy of any relevant child protection order made in relation to the child under section 38 or 39 of the Act.

(8) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

[F6(9) Where the Reporter is required by these Rules to give a copy of a report or other document to the members of a children’s hearing before the hearing begins, the Reporter must also give a copy of the report or other document to—

(a)the chief social work officer of the relevant local authority for the child, or

(b)if the child is subject to a compulsory supervision order or an interim compulsory supervision order, the chief social work officer of the implementation authority.

(10) Paragraph (9) does not require the Reporter to give the chief social work officer of an authority a copy of a report or other document prepared, or given to the Reporter, by the authority.]

Textual Amendments

F4Words in rule 29(3)(e) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 1(9) (with ss. 11-13) (which affecting provision expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2))