The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

Procedure at a children’s hearing held under section 126 (review of contact direction) of the Act

74.—(1) This rule applies where a children’s hearing is held by virtue of section 126 of the Act.

(2) Where an individual claims that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual, the children’s hearing must consider that claim before reviewing the contact direction.

(3) Each member of the children’s hearing must state whether the member considers that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual and the reasons for reaching that view.

(4) The chairing member must confirm whether the children’s hearing considers that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual and the reason for reaching that view.

(5) After considering, where applicable, whether the conditions specified for the purposes of section 126(2)(b) are satisfied the children’s hearing must, where proceeding to review a contact direction, seek views on the contact direction from—

(a) the child;

(b) each relevant person;

(c) any appointed safeguarder;

(d) any individual satisfying the conditions specified in an order under section 126(2)(b) of the Act;

(e) any individual who has a contact order regulating contact between the individual and the child;

(f) any individual who has a permanence order which specifies arrangements for contact between the individual and the child.

(6) Each member of the children’s hearings must state their decision in relation to the contact direction and their reasons for that decision.

(7) The chairing member must—

(a) confirm and explain the decision of the children’s hearing in relation to the contact direction;

(b) state the reasons for that decision; and

(c) inform any individual of any applicable right of appeal of the children’s hearing’s decision under section 126(6) of the Act which that individual has under section 161 (appeal to sheriff against decision affecting contact or permanence order) of the Act.