Children’s Hearings (Scotland) Rules 1996

Safeguarders

14.—(1) Where a children’s hearing appoint a safeguarder under section 41(1) of the Act, the chairman shall state in writing the reasons for their decision to make that appointment.

(2) The Principal Reporter shall give the safeguarder a copy of such statement and also give notice of the date, time and place of the hearing at the same time and in the same manner as giving notice to a relevant person under rule 7.

(3) Any safeguarder appointed by a children’s hearing shall be entitled to be present throughout the duration of any hearing of the case until the disposal of that case.

(4) Where a safeguarder is appointed by a children’s hearing, he shall–

(a) prepare a report in writing on the case of the child; and

(b) prepare any further report in writing on the case as the hearing may require,

and give the report or, as the case may be, the further report to the Principal Reporter.

(5) Any information or document which the Principal Reporter makes available in compliance with rule 5 (under exception of rule (5)(1)(e)) or otherwise to the chairman and members of any children’s hearing shall also be made available to any safeguarder regardless of the date of his appointment in the proceedings.

(6) A safeguarder–

(a) shall keep securely in his custody any documents made available to him under paragraph (4);

(b) shall not cause or permit any information contained in the documents or otherwise disclosed during the hearing to be made know to any person, other than may be necessary for the performance of his own duties; and

(c) shall return to the Principal Reporter any document which has been made available to him under paragraph (4) above when he has completed the performance of all duties associated with his appointment.