Social Work (Scotland) Act 1968

44 Disposal of case by children’s hearing other than by discharge of referral. E+W+S

(1) Subject to the provisions of this Part of this Act a children’s hearing, where, after the consideration of his case, they decide that a child is in need of compulsory measures of care, may make a requirement, in this Act referred to as a supervision requirement, requiring him—

(a) to submit to supervision in accordance with such conditions as they may impose; or

(b) to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;

and a condition imposed by virtue of head (a) of this subsection may be a condition as to the place where the child is to reside, being a place other than a residential establishment, and the place may be a place in England or Wales where arrangements have been made in that behalf.

[F1 (1A) A supervision requirement imposing a condition as to the place where a child is to reside in England or Wales shall be a like authority as in Scotland for the person in charge of the place to restrict the child’s liberty to such an extent as that person may consider appropriate having regard to the terms of the supervision requirement.]

(2) In making a supervision requirement requiring a child to reside in a residential establishment a children’s hearing shall have regard to the religious persuasion of the child.

(3) Without prejudice to the provisions of this Part of this Act relating to the review of supervision requirements, a children’s hearing may, where they are satisfied that such a course is proper, postpone the operation of a supervision requirement, but otherwise a supervision requirement shall have effect as from the date it is made.

(4) Where it appears to a children’s hearing that the functions of the education authority under section 63 of the M1 Education (Scotland) Act 1962 (ascertainment of children suffering from disability) may require to be exercised, they shall, in addition to any other course which they may take under this section, send a report to that effect to the education authority concerned.

(5) It shall be the duty of the local authority to give effect to a supervision requirement made by a children’s hearing for their area, and a child who is subject to such a supervision requirement shall, for the purposes of sections 16 to 18, 20 [F2 20A], 24 to 26, 28 and 29 of this Act [F3 and section 18 of the Adoption (Scotland) Act 1978 (which, amongst other things, provides that an application by an adoption agency to dispense with parental agreement to the freeing of a child for adoption is competent only where the child is in the care of the agency).], be in their care:

Provided that where the performance of a function under any of the said sections in relation to the child requires, or would be facilitated by, the variation or discharge of the supervision requirement, the local authority shall recommend a review of the requirement under this Part of this Act.

(6) In any case of urgent necessity in the interests of the child, or of the other children in a place, [F4 the chief social work officer] may direct that a child who is required to reside in that place under this section be transferred to another place.

(7) Any child transferred under the last foregoing subsection shall have his case reviewed by a children’s hearing within seven days of his transfer, in accordance with the following provisions of this Act.

(8) A supervision requirement shall be in such form as the Secretary of State may prescribe.

Textual Amendments

F1 S. 44(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 57

F2 Words inserted (prosp.) by Children Act 1975 (c. 72, SIF: 9, 10), s. 108(2), Sch. 3 para. 56

F3 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 28

F4 Words in s. 44(6) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(15); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C1 Reference in s. 44(4) to “section 63 of the Education (Scotland) Act 1962” to be construed as reference to Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 60: Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 1

C2 S. 44(6)(7) extended by S.I. 1983/1912, reg. 6(3)

Marginal Citations

M1 1962 c. 47.