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Changing for Children
CHILDRENS HEARINGS (SCOTLAND )ACT 2011
Date JUNE 2011
Changing for Children
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MALCOLM SCHAFFER
HEAD OF PRACTICE AND POLICY
SCRA
Changing for Children
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AIM OF SESSION
TO DEVELOP AWARENESS ABOUT PENDING CHANGES TO THE LAW AND THEIR IMPLICATIONS FOR PRACTICE
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TIMETABLE
December 2011 likely implementation date re Children’s Hearings Scotland organisation
Practice areas –date to be finalised Current work on secondary legislation Formal Training to follow
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Objectives of the legislation
To provide greater structure and consistency to the children’s panel
To be compliant with Human Rights obligations
To modernise procedures and powersTo increase participation of child
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MOST RELEVANT ISSUESNew organisationNew powersChange to existing powersNew appeal proceduresNew grounds Child involvement Relevant person Legal representation Timetable
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Children’s hearing Scotland
National Convenor appointed –Bernadette Monaghan
Will provide national standards of recruitment , monitoring reselection , legal advice and training
S144-148 Implementation of supervision orders
S 180 feedback loop
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NEW POWERS
S 86 interim compulsory supervision orders –replacing warrants for detention
S 87 medical examination orders-only available once grounds established
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CHANGES TO EXISTING POWERSS52(3) cpo will cease to have effect at end
of 6 day period if child has not been removed to place of safety in that period
S 199 a child remains a ‘child’ within legal definition if reaches 16 after referral made but before decision taken by reporter
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NEW APPEAL PROCEDURES
S 162 appeal against decision to implement secure authorisation
S166 review of requirement imposed on local authority
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NEW GROUNDS
S 67(e)child is being or is likely to be exposed to persons whose conduct is(or has been)such that is likely that
1 the child will be abused or harmed or
2 the child’s health, safety or devlopment will be seriously adversely affected
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NEW GROUNDS
S67(f) the child has or is likely to have a close connection with a person who has carried out domestic abuse
S67(m)the child’s conduct has had or is likely to have a serious adverse effect on the health , safety or development of the child or another person
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NEW GROUNDS
s 67(p)the child is being,or is likely, to be, subjected to
physical , emotional, or other pressure to enter into a marriage or civil partnership or
Is ,or is likely to become, a member of the same household as such a child
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CHILD’S VIEWS
S 121 confirmation that child has been given opportunity to express views before hearing
S 122 children’s advocacy services S 178 non disclosure of information about
child to person if likely to cause significant harm to that child
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RELEVANT PERSON
Definition –s 200 S81 test of significant involvement and
role of prehearing panel S 126 review of contact direction Supreme Court case of K requires to be
incorporated –impact on anyone whose right to family life may be interfered with
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LEGAL REPRESENTATION
S 191 and 192 –to ensure effective participation in hearing and where threat of deprivation of liberty for the child
Role of Scottish legal Aid Board re quality assurance
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Changing for Children
