Children (Scotland) Act 1995

70 Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation. E+W+S

(1) Where the children’s hearing to whom a child’s case has been referred under section 65(1) of this Act are satisfied that compulsory measures of supervision are necessary in respect of the child they may make a requirement under this section (to be known as a “supervision requirement”).

(2) A children’s hearing, where they decide to make such a requirement, shall consider whether to impose any condition such as is described in subsection (5)(b) below.

(3) A supervision requirement may require the child—

(a) to reside at any place or places specified in the requirement; and

(b) to comply with any condition contained in the requirement.

[F1 (3A) A children’s hearing may, for the purpose of enabling a child to comply with a supervision requirement, impose such duties on the relevant local authority as may be specified in the supervision requirement.

(3B) The duties imposed under subsection (3A) above may include that of securing or facilitating the provision for the child of services of a kind other than that provided by the relevant local authority.]

(4) The place or, as the case may be, places specified in a requirement under subsection (3)(a) above may, without prejudice to the generality of that subsection, be a place or places in England or Wales; and a supervision requirement shall be authority for the person in charge of such a place to restrict the child’s liberty to such extent as that person may consider appropriate, having regard to the terms of the requirement.

(5) A condition imposed under subsection (3)(b) above may, without prejudice to the generality of that subsection—

(a) subject to section 90 of this Act, require the child to submit to any medical or other examination or treatment;

(b) regulate the contact with the child of any specified person or class of persons.

(6) A children’s hearing may require, when making a supervision requirement, that any place where the child is to reside in accordance with the supervision requirement shall not be disclosed to any person specified in the requirement under this subsection or class of persons so specified.

(7) A children’s hearing who make a supervision requirement may determine that the requirement shall be reviewed at such time during the duration of the requirement as they determine.

[F2 (7A) Where, on a review under subsection (7) above, it appears to the children’s hearing that the relevant local authority are in breach of a duty imposed on them under section 71 of this Act, the hearing may direct the Principal Reporter to give the authority notice of an intended application under section 71A(2) of this Act.

(7B) The Principal Reporter shall, at the same time as giving the notice of an intended application under section 71A(2) of this Act, send a copy of the notice to—

(a) the child to whom the duty referred to in subsection (7A) above relates;

(b) any person who, in relation to the child, is a relevant person;

(c) any person appointed under section 41 of this Act to safeguard the interests of the child in any proceedings which are taking place when the notice is given.

(7C) Notice of an intended application under section 71A(2) of this Act is a written notice—

(a) setting out the respects in which the relevant local authority are in breach of the duty imposed on them under section 71 of this Act; and

(b) stating that if the authority do not comply with that duty within the period of 21 days beginning with the day on which they received the notice, the Principal Reporter may make an application under section 71A(2) of this Act.

(7D) Where a children’s hearing have made a direction under subsection (7A) above, they shall determine that a further review under subsection (7) above take place on or as soon as is reasonably practicable after the expiry of the period of 28 days beginning with the day on which notice was given in pursuance of that direction.

(7E) Where on a further review under subsection (7) above which takes place by virtue of subsection (7D) above, it appears to the children’s hearing that the relevant local authority continues to be in breach of the duty referred to in subsection (7A) above, the hearing may authorise the Principal Reporter to make an application under section 71A(2) of this Act.]

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

[F3 (9) A children’s hearing may exercise a power mentioned in subsection (9A) below in relation to a child if they are satisfied—

(a) that one of the conditions mentioned in subsection (10) below is met; and

(b) that it is necessary to exercise the power concerned.

(9A) The powers are—

(a) that the children’s hearing may specify in the supervision requirement that the child shall be liable to be placed and kept in secure accommodation in a residential establishment specified, under subsection (3)(a) above, in the requirement, during such period as the person in charge of that establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary; and

(b) that the children’s hearing may impose, under subsection (3)(b) above, a movement restriction condition.]

[F4 (10) The conditions are—

(a) that the child, having previously absconded, is likely to abscond and, if he absconds, it is likely that his physical, mental or moral welfare will be at risk; and

(b) that the child is likely to injure himself or some other person.]

[F5 (11) In this section, “movement restriction condition” means a condition—

(a) restricting the child’s movements in such way as may be specified in the supervision requirement; and

(b) requiring the child to comply with such arrangements for monitoring compliance with the restriction mentioned in paragraph (a) above as may be so specified.

(12) Where a children’s hearing impose a condition such as is mentioned in subsection (9A)(b) above, they shall also impose under subsection (3)(b) above such of the conditions prescribed by the Scottish Ministers for the purposes of this section as they consider necessary in the child’s case.

(13) The Scottish Ministers may by regulations make provision as to the arrangements mentioned in subsection (11)(b) above.

(14) Regulations under subsection (13) above may in particular include provision—

(a) prescribing what method or methods of monitoring compliance with the restriction mentioned in paragraph (a) of subsection (11) above may be specified in a supervision requirement;

(b) specifying the devices which may be used for the purpose of that monitoring;

(c) prescribing the person who may be designated by a children’s hearing to carry out that monitoring or the class or description of person from which that person may be drawn;

(d) requiring a children’s hearing who have designated a person in pursuance of paragraph (c) above who is no longer within the provision made under that paragraph to vary the designation accordingly and notify the child of the variation.

(15) The Scottish Ministers may, by contract or otherwise, secure the services of such persons as they think fit to carry out the monitoring mentioned in subsection (11)(b) above and may do so in a way in which those services are provided differently in relation to different areas or different forms of that monitoring.

(16) Nothing in any enactment or rule of law prevents the disclosure to a person providing services in pursuance of subsection (15) above of information relating to a child where the disclosure is made for the purposes only of the full and proper provision of the monitoring mentioned in subsection (11)(b) above.

(17) A children’s hearing may include in a supervision requirement a movement restriction condition only if the hearing is constituted from the children’s panel for a local government area which is prescribed for the purposes of this section by the Scottish Ministers.]

Extent Information

E1 S. 70(4) extends to England, Wales and Scotland; s. 70 otherwise extends to Scotland only, see s. 105(1) and (8)

Textual Amendments

F1 S. 70(3A)(3B) inserted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 136(1)(a), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

F2 S. 70(7A)-(7E) inserted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 136(1)(b), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

F3 S. 70(9)(9A) substituted (31.1.2005) for s. 70(9) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 135(2), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

F4 S. 70(10) substituted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 135(3), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

F5 S. 70(11)-(17) added (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 135(4), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

Modifications etc. (not altering text)

C1 S. 70 modified (1.4.1997) by S.I. 1996/3255, reg. 6(1)

Commencement Information

I1 S. 70 wholly in force at 1.4.1997; s. 70 not in force at Royal Assent see s. 105(1); s. 70 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 70 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)