Social Work (Scotland) Act 1968

[F1 35 Provisions as to time, place, privacy and notification of children’s hearings. S

(1) Any children’s hearing shall be conducted in private, and, subject to the provisions of any rules made under this section, no person other than a person whose presence is necessary for the proper consideration of the case which is being heard, or whose presence is permitted by the chairman, shall be present.

(2) The chairman shall take all reasonable steps to ensure that the number of persons present at a children’s hearing at any one time is kept to a minimum.

(3) Nothing in the foregoing provisions of this section, or in any rules made thereunder, shall operate to prevent a member of the Council on Tribunals, or of the Scottish Committee of that Council, attending any children’s hearing, or shall authorise the exclusion of bona fide representatives of a newspaper or news agency.

(4) The Secretary of State may make rules for the constituting and arranging of children’s hearings and for regulating the procedure of those hearings.

(5) Without prejudice to the generality of the last foregoing subsection, rules under that subsection may make provision with respect to—

(a) notification of the time and place of a children’s hearing to the child and his parent [F2 and to such other persons as may be prescribed;]]

(b) the statement of the grounds for the referral of the case to a children’s hearing and the rights of the child and his parent to dispute the said grounds;

(c) the right to appeal to the sheriff against a decision of a children’s hearing and the notification of the procedure before him;

(d) the right of the child and his parent to be represented at the children’s hearing;

(e) the entitlement of the child and his parent to the refund of such expenses as may be prescribed in connection with the children’s hearing and any proceedings arising therefrom;

(f) persons whose presence shall be permitted at a children’s hearing;

(g) the continuation of a children’s hearing for further investigation of a case before that hearing and the number and duration of such continuations.

Textual Amendments

F1 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F2 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 55