Children (Scotland) Act 1995

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, a bona 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.