Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
Chapter 2 Children’s Hearings
Conduct of proceedings at and in connection with children’s hearing
43 Privacy of proceedings at and right to attend children’s hearing.
1
Subject to subsection (3) below, a children’s hearing shall be conducted in private, and, subject to any rules made under section 42 of this Act, 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
The following persons have the right to attend a children’s hearing—
a
a member of the Council on Tribunals, or of the Scottish Committee of that Council, in his capacity as such; and
b
subject to subsection (4) below, abona fide representative of a newspaper or news agency.
4
A children’s hearing may exclude a person described in subsection (3)(b) above from any part or parts of the hearing where, and for so long as, they are satisfied that—
a
it is necessary to do so, in the interests of the child, in order to obtain the child’s views in relation to the case before the hearing; or
b
the presence of that person is causing, or is likely to cause, significant distress to the child.
5
Where a children’s hearing have exercised the power conferred by subsection (4) above to exclude a person, the chairman may, after that exclusion has ended, explain to the person the substance of what has taken place in his absence.