The Adoption and Children (Scotland) Act 2007 (Supervision Requirement Reports in Applications for Permanence Orders) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the information which must be contained in the report prepared by the children’s hearing under section 95 of the Adoption and Children (Scotland) Act 2007. The report must be prepared where the children’s hearing proposes to make a supervision requirement or modify an existing supervision requirement in respect of a child who is the subject of an application for a permanence order or for the variation of such an order. The report by the children’s hearing is prepared for the court to which the permanence order application has been made.

Under regulation 3(1) the report must contain the terms of: the proposed new supervision requirement; any existing supervision requirement; and any proposed modification to an existing supervision requirement. The report must state the reasons for making a new supervision requirement or modifying an existing one. The report must also contain the report of the proceedings of the children’s hearing prepared by the Principal Reporter under rule 31 of the Children’s Hearings (Scotland) Rules 1996 (S.I. No. 3261). Under regulation 3(2) the terms of a supervision requirement in regulation 3(1) includes any conditions, residence requirements or duties imposed on local authorities which are contained in the supervision requirement.