The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

[^key-dbdfde73a11be88545a1d23b93b5fe97]: Rule 88A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(28)

[^key-e378c338209ae09bbf022ca88f603100]: Pt. 5 substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(4)

[^key-aa9af56653b2a2601d522dda5fff1b7e]: Rule 98(1) expiry of earlier affecting provision 2020 asp 7, sch. 3 para. 9(2) (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2)

[^key-1d063435a7429864ad026d2ffd0bff06]: Rule 3(2) omitted (1.11.2022) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2022 (S.S.I. 2022/264), rules 1, 2

[^key-b4d57ad22218720f4a39511b5db28344]: Word in reg. 90(6)(a) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 17(a) (S.S.I. 2025/27, reg. 3, sch.)

[^key-add6b0810c387827d700b06fdb88935a]: Words in reg. 90(6)(a) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 17(b) (S.S.I. 2025/27, reg. 3, sch.)

Arranging pre-hearing panels to determinate opportunity to participate - notice to persons other than person seeking opportunity

46A

• (1) Where a pre-hearing panel is to be arranged by virtue of section 79(5A), but not by virtue of section 79(2)(a) or (b), of the Act (whether or not it is also to determine any matter mentioned in section 79(2)(ba) or (bb) or (3)), wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

• (2) Those persons are—

• (a) the child;

• (b) each relevant person;

• (c) any appointed safeguarder;

• (d) the three members of the pre-hearing panel;

• (e) the National Convener.

• (3) The notice must inform—

• (a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;

• (b) the persons mentioned in paragraph (2)(a) to (d) that the pre-hearing panel is to determine whether an individual deemed to be a relevant person by virtue of section 81 of the Act should continue to be deemed to be a relevant person in relation to the child and the name of that individual; and

• (c) the persons mentioned in paragraph (2)(a) to (c) that they—

• (i) have the right to attend the pre-hearing panel;

• (ii) may make representations (orally or in writing) to the pre-hearing panel relating to whether the individual whose status as a relevant person has been referred under section 79(5A) should continue to be deemed to be a relevant person;

• (iii) may give any report or other document relevant to that matter for the consideration of the pre-hearing panel;

• (iv) have the right to request that the Reporter takes all reasonable steps to enable the child and each relevant person to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.

• (4) Where the pre-hearing panel will also determine any matter referred under section 79(2)(c) the notice must state that fact and—

• (a) inform the individual whose status as a relevant person has been referred under section 79(5A) that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(c) unless that individual continues to be deemed a relevant person; and

• (b) inform the persons mentioned in paragraph (2)(a) to (c) that, subject to sub-paragraph (a), they may—

• (i) make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel; and

• (ii) give any report or other document relevant to those matters for the consideration of the pre-hearing panel.

• (5) Where the pre-hearing panel will also determine in respect of a person a matter referred under section 79(2)(ba) or (bb) of the Act, the notice must—

• (a) state that fact and the name of the person,

• (b) inform the individual whose status as a relevant person has been referred under section 79(5A) of the Act that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(ba) or (bb) of the Act unless the individual continues to be deemed a relevant person,

• (c) inform the persons mentioned in paragraph (2)(a) to (c) that, subject to sub-paragraph (b), they may—

• (i) make representations (orally or in writing) to the pre-hearing panel in relation to the matter referred under section 79(2)(ba) or (bb) of the Act, and

• (ii) give any report or other document relevant to that matter for the consideration of the pre-hearing panel.

• (6) Paragraph (7) applies where an individual is both—

• (a) a person in respect of whom a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act, and

• (b) a person whose status as a relevant person has been referred to the pre-hearing panel under section 79(5A) of the Act.

• (7) The notice—

• (a) is not to inform the individual referred to in paragraph (6) of the thing that it would otherwise be required to by virtue of paragraph (5)(b), and

• (b) is instead to inform the individual that—

• (i) the individual may make representations (orally or in writing) to the pre-hearing panel relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act,

• (ii) the individual may give any report or other document relevant to that matter for the consideration of the pre-hearing panel,

• (iii) if a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act in respect of another person too, notwithstanding paragraph (5)(c)(i), the individual will not be entitled to take part in any discussion on that matter unless the individual continues to be deemed a relevant person.

Provision of information to pre-hearing panel

Procedure at pre-hearing panel determination of matters not relating to relevant person status

Procedure at pre-hearing panel determination of whether to end deemed relevant person status

49A

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Notice of pre-hearing panel determination

Provision of information to persons deemed to be relevant persons

Notification of matter to be determined under section 79 (referral of certain matters for pre-hearing determination) where not practicable to arrange a pre-hearing panel before the date fixed for the children's hearing

Provision of information relating to matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act to the children's hearing

Children's hearing determining a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act

Children's hearings' power to determine whether a person should be deemed to be a relevant person where no referral made under section 79 (referral of certain matters for pre-hearing determination) of the Act

Individuals to be afforded opportunity to participate

2A

• (1) This rule applies only in respect of children’s hearings held, or to be held, by virtue of—

• (a) section 69(2) of the Act (determination under section 66: referral to children’s hearing),

• (b) Parts 9 to 11 of the Act (children’s hearing; proceedings before sheriff; subsequent children’s hearings), or

• (c) Part 13 of the Act (review of compulsory supervision order).

• (2) An individual is to be afforded an opportunity to participate in relation to a children’s hearing if the Reporter is satisfied, or a pre-hearing panel or children’s hearing has determined—

• (a) that the criteria in paragraph (3) are met by the individual in relation to the children’s hearing, or

• (b) in the case of a children’s hearing arranged (wholly or partly) in consequence of a request being made under section 132A of the Act (right of person not afforded opportunity to participate to require review), that subsection (2) of that section applies to the individual.

• (3) The criteria referred to in paragraph (2) are—

• (a) the individual is living or has lived with the child,

• (b) the individual and the child have an ongoing relationship with the character of a relationship between siblings (whether or not they have a parent in common),

• (c) the children’s hearing is likely to make a decision significantly affecting contact or the possibility of contact between the individual and the child, and

• (d) the individual is capable of forming a view on the matter of contact between the individual and the child.

• (4) In considering whether the criteria in paragraph (3) are met, regard is to be had to the views of the child and any relevant person.

• (5) These Rules give an individual who is to be afforded an opportunity to participate the rights mentioned in section 79(5ZA) of the Act (referral of certain matters for pre-hearing determination).

Role of representatives

Authorisation to attend

Attendance by individual afforded opportunity to participate at children’s hearing

Attendance by representative of individual afforded opportunity to participate at children’s hearing

Attendance by custody officer, etc. at pre-hearing panel or children’s hearing

20A

An individual is authorised to attend a pre-hearing panel or children’s hearing if—

• (a) another person is in the individual’s lawful custody, and

• (b) that other person is attending the panel or hearing.

Attendance by electronic means

Request to attend pre-hearing panel or hearing by electronic means

20B

• (1) The Scottish Children’s Reporter Administration must take all reasonable steps to enable an individual to attend a pre-hearing panel or children’s hearing by electronic means if the conditions in paragraph (2) are met.

• (2) The conditions referred to in paragraph (1) are—

• (a) the individual—

• (i) has a right to attend the pre-hearing panel or children’s hearing under section 78(1) of the Act (rights of certain persons to attend children’s hearing), or

• (ii) is otherwise entitled to attend by virtue of section 78(2) of the Act,

• (b) the individual has made a request to the Reporter to be allowed to attend the panel or hearing by electronic means, and

• (c) the Reporter is satisfied that either—

• (i) the individual has a good reason for not physically attending the panel or hearing, or

• (ii) the individual would be better able to effectively participate in the panel or hearing by attending by electronic means rather than by physically attending it.

• (3) In this rule—

• “children’s hearing” includes part of a children’s hearing,

• “electronic means” includes telephone and video link.

Requirement that person attend children’s hearing only by electronic means

20C

• (1) Where a pre-hearing panel has determined in accordance with paragraph (2) or (4) that a person, or category of persons, should be allowed to attend a children’s hearing only by electronic means—

• (a) the person, or persons, may attend the hearing by electronic means only, and

• (b) the Scottish Children’s Reporter Administration must take all reasonable steps to enable the person, or persons, to attend the hearing by electronic means.

• (2) A pre-hearing panel may determine that a person mentioned in paragraph (3) should be allowed to attend a children’s hearing only by electronic means if satisfied that the person’s physical presence at the hearing, or any part of it, is likely to—

• (a) prevent the hearing from obtaining the views of the child or a relevant person, or

• (b) cause significant distress to the child or a relevant person.

• (3) The persons referred to in paragraph (2) are—

• (a) a relevant person,

• (b) a person representing a relevant person,

• (c) a person who is to authorised to attend the hearing by virtue of rule 19,

• (d) a person representing a person who is authorised to attend the hearing by virtue of rule 19,

• (e) a particular representative of a newspaper or news agency.

• (4) A pre-hearing panel may determine that all representatives of newspapers and news agencies should be allowed to attend a children’s hearing only by electronic means if satisfied that the physical presence at the hearing, or any part of it, of any person in that category of persons is likely to—

• (a) prevent the hearing from obtaining the views of the child or a relevant person, or

• (b) cause significant to distress to the child or a relevant person.

• (5) In this rule, “electronic means” is to be construed in accordance with rule 20B.

Exclusion

Exclusion from children’s hearing or pre-hearing panel

20D

• (1) The chairing member may exclude from a pre-hearing panel or children’s hearing, for as long as is necessary—

• (a) any person whose conduct at the panel or hearing is—

• (i) violent or abusive, or

• (ii) otherwise so disruptive that, unless the person is excluded, the chairing member would consider it necessary to end or adjourn the panel or hearing,

• (b) any person mentioned in paragraph (3) if, in the chairing member’s opinion, the person’s presence—

• (i) is preventing, or likely to prevent, the panel or hearing from obtaining the views of a relevant person, or

• (ii) is causing, or likely to cause, significant distress to a relevant person attending the hearing.

• (2) After the exclusion has ended, the chairing member must explain to the person what has taken place in the person’s absence.

• (3) The persons referred to in paragraph (1) are—

• (a) a relevant person,

• (b) a person representing a relevant person,

• (c) a representative of a newspaper or news agency.

23A

The Reporter must when issuing the notice under rule 22(1) to an individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A also give to the individual—

• (a) confirmation of the individual’s right to attend the hearing in accordance with rule 19,

• (b) information on the means by which the individual may express views to the hearing,

• (c) confirmation of the individual’s right to give any report or other document for the consideration of the hearing or pre-hearing panel.

Other information to be given with notification of a children's hearing to certain other persons

Information to be sent to the members of the children's hearing

Provision of information prior to children's hearing

Specification of matters that may be determined by pre-hearing panel

44A

Whether a person should be allowed to attend a children’s hearing only by electronic means (see rule 20C) is specified for the purpose of these Rules as a matter that may be determined by pre-hearing panels.

Arranging pre-hearing panel - determination of relevant person status

45A

• (1) Where a pre-hearing panel is to be arranged by virtue of section 79(2)(ba) or (bb), but not by virtue of section 79(2)(a), (b) or (5A), of the Act (whether or not it is also to determine any matter mentioned in section 79(3) of the Act), wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

• (2) Those persons are—

• (a) the child,

• (b) each relevant person,

• (c) any appointed safeguarder,

• (d) the members of the pre-hearing panel,

• (e) the National Convener.

• (3) The notice must inform—

• (a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel,

• (b) the persons mentioned in paragraph (2)(a) to (d)—

• (i) that the pre-hearing panel is to determine in respect of an individual a matter referred under section 79(2)(ba) or (bb) of the Act,

• (ii) of the name of the individual,

• (c) the persons mentioned in paragraph (2)(a) to (c) that they—

• (i) have the right to attend the pre-hearing panel,

• (ii) may make representations (orally or in writing) to the pre-hearing panel relating to the matter referred under section 79(2)(ba) or (bb) of the Act,

• (iii) may give any report or document relevant to that matter for the consideration of the pre-hearing panel,

• (iv) have the right to request that the Reporter takes all reasonable steps to enable the individual in question to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.

• (4) Where the pre-hearing panel will also determine a matter referred under section 79(2)(c) of the Act, the notice must—

• (a) state that fact,

• (b) inform the persons mentioned in paragraph (2)(a) to (c) that they may—

• (i) make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel, and

• (ii) give any report or other document relevant to those matters for the consideration of the panel.

Arranging pre-hearing panels to determine opportunity to participate - notice to person seeking opportunity

45B

• (1) Where a pre-hearing panel is to be arranged to determine in respect of an individual a matter referred under section 79(2)(ba) or (bb) of the Act (whether or not the panel is to be arranged for another purpose too), the Reporter must give the individual notice of the pre-hearing panel.

• (2) The notice must inform the individual that the individual—

• (a) has the right to attend the pre-hearing panel,

• (b) may make representations (orally or in writing) to the pre-hearing panel relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act,

• (c) may give any report or document relevant to that matter for the consideration of the pre-hearing panel,

• (d) has the right to request that the Reporter takes all reasonable steps to enable the individual to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.

• (3) Notice of a pre-hearing panel is not to be given to an individual under this rule if the individual is to be given notice of the pre-hearing panel—

• (a) under rule 45, on account of being a person mentioned in paragraph (2)(b) to (d) of that rule, or

• (b) under rule 45A or 46A, on account of being a relevant person.

Arranging pre-hearing panels to determine matter in section 79(3) (referral of certain matters for pre-hearing determination) of the Act

Arranging pre-hearing panels to determine whether deeming of relevant person to end

Provision of information to pre-hearing panel

Procedure at pre-hearing panel - general

47A

• (1) At the beginning of a pre-hearing panel, the chairing member must explain the purpose of the pre-hearing panel.

• (2) In relation to each matter that is to be determined by a pre-hearing panel, the chairing member must invite each of the following individuals who is in attendance to make representations—

• (a) the child,

• (b) any relevant person.

• (3) Where a pre-hearing panel is determining whether to deem an individual who is in attendance to be a relevant person, the chairing member must invite the individual to make representations in relation to that matter.

• (4) Where a pre-hearing panel is determining whether an individual should be afforded an opportunity to participate in relation to a children’s hearing by virtue of rule 2A, the chairing member must invite the individual who is in attendance to make representations in relation to that matter.

• (5) The chairing member of a pre-hearing panel may invite any person who is in attendance to make representations in relation to any matter that is to be determined by the panel if the panel considers it appropriate to do so.

• (6) A person invited by the chairing member to make representations to a pre-hearing panel may—

• (a) do so orally or in writing,

• (b) submit any document to the panel that the person wishes.

• (7) Each member of a pre-hearing panel must state, in relation to each matter that the panel is to determine—

• (a) the member’s determination on the matter, and

• (b) the reasons for it.

• (8) Once the members of a pre-hearing panel have stated their individual determinations on each matter in accordance with paragraph (7), the chairing member must confirm—

• (a) the panel’s determination on each matter, and

• (b) the reasons for each determination.

• (9) Where a pre-hearing panel has made a determination about whether an individual should be, or should continue to be, deemed to be a relevant person, the chairing member must inform the following persons of their right to appeal that determination under section 160 of the Act—

• (a) the individual in question,

• (b) the child,

• (c) each relevant person.

Procedure at pre-hearing panel determination of whether to deem an individual to be a relevant person

Procedure at pre-hearing panel - determination of whether individual to be afforded opportunity to participate

48A

• (1) This rule applies only in relation to a pre-hearing panel that is arranged in connection with a children’s hearing that is to be held by virtue of an enactment mentioned in rule 2A(1).

• (2) The pre-hearing panel, despite a referral not having been made under section 79(2) of the Act (referral of certain matters for pre-hearing determination), must determine whether an individual, who is present at the pre-hearing panel, meets the criteria in rule 2A(3) to be afforded an opportunity to participate in relation to the children’s hearing on the request of—

• (a) the child,

• (b) any relevant person,

• (c) the individual in question.

• (3) Where the pre-hearing panel is to make a determination by virtue of paragraph (2), the provisions of the Act (other than section 80 (determination of matter referred under section 79)) and these Rules apply as if the matter had been referred under section 79(2)(ba) of the Act.

Procedure at pre-hearing panel determination of matters not relating to relevant person status

Procedure at pre-hearing panel determination of whether to end deemed relevant person status

Notice of pre-hearing panel determination

Provision of information to persons deemed to be relevant persons

Notification of matter to be determined under section 79 (referral of certain matters for pre-hearing determination) where not practicable to arrange a pre-hearing panel before the date fixed for the children's hearing

Notification of matter to be determined under section 79 person seeking opportunity to participate

52A

• (1) Where—

• (a) section 80(3) of the Act (determination of matter under section 79) applies,

• (b) the matter being referred to the children’s hearing (or one of them) is a matter mentioned in section 79(2)(ba) or (bb) of the Act, and

• (c) the individual in respect of whom the matter has been referred is not a person to whom notice must be given under rule 52,

the Reporter must give notice of the hearing to the individual.

• (2) The notice must inform the individual—

• (a) of the date, time and place of the hearing,

• (b) that the individual—

• (i) has the right to attend that part of the children’s hearing,

• (ii) has the right to request that the Reporter takes all reasonable steps to enable the individual to attend the children’s hearing by way of telephone, through video link or by using any other method of communication,

• (iii) may make representations (orally or in writing) to the hearing relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act,

• (iv) may give any report or other document relevant to that matter for the consideration of the hearing.

Provision of information relating to matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act to the children's hearing

Children's hearing determining a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act

Children's hearings' power to determine whether a person should be deemed to be a relevant person where no referral made under section 79 (referral of certain matters for pre-hearing determination) of the Act

Children’s hearings’ power to determine whether person to be afforded opportunity to participate where no referral made under section 79 of the Act

55A

• (1) A children’s hearing held in relation to a child by virtue of an enactment mentioned in paragraph (1) of rule 2A must determine whether an individual who is present at the hearing meets the criteria in paragraph (3) of that rule to be afforded an opportunity to participate in relation to the hearing on the request of—

• (a) the child,

• (b) any relevant person,

• (c) the individual in question.

• (2) Where the children’s hearing is to make a determination under paragraph (1), the provisions of the Act (other than section 80) and these Rules apply as if the matter had been referred under section 79(2)(ba) of the Act.

Notifying decision of a children’s hearing to an individual afforded an opportunity to participate

88A

Where a children’s hearing makes a direction which regulates contact between the child and an individual afforded an opportunity to participate in relation to the hearing by virtue of rule 2A, the Reporter must give to the individual—

• (a) a copy of the direction, and

• (b) the reasons for the direction.

Information to be given to the implementation authority and others

Information to be given to the chief constable and use of that information

Notifying decision of section 45 or 46 (review of children's hearing where child in place of safety or order prevents removal of child) hearing

Notifying decision of section 126 (review of contact direction) hearing

Notifying decision of section 158 (compulsory supervision order: suspension pending appeal) hearing