PART V Children and Young Persons

44AF2Appeal against detention in secure accommodation

1

A child, or a relevant person in relation to the child, may appeal to the sheriff against a decision by a local authority to detain the child in secure accommodation in pursuance of an order made under section 44 of this Act.

2

An appeal under subsection (1) may be made jointly by—

a

the child and one or more relevant persons in relation to the child; or

b

two or more relevant persons in relation to the child.

3

An appeal must not be held in open court.

4

The sheriff may determine an appeal by—

a

confirming the decision to detain the child in secure accommodation; or

b

quashing that decision and directing the local authority to move the child to be detained in residential accommodation which is not secure accommodation.

5

The Scottish Ministers may by regulations make further provision about appeals under subsection (1).

6

Regulations under subsection (5) may in particular—

a

specify the period within which an appeal may be made;

b

make provision about the hearing of evidence during an appeal;

c

provide for appeals to the F1Sheriff Appeal Court and Court of Session against the determination of an appeal.

7

Regulations under subsection (5) are subject to the affirmative procedure.

8

In this section—

  • “relevant person”, in relation to a child, means any person who is a relevant person in relation to the child for the purposes of the Children's Hearings (Scotland) Act 2011 (including anyone deemed to be a relevant person in relation to the child by virtue of section 81(3), 160(4)(b) or 164(6) of that Act);

  • “secure accommodation” has the same meaning as in section 44 of this Act.