children’s hearings (scotland) act 2011 march 2013

17
www.scra.gov.uk CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

Upload: nonnie

Post on 21-Jan-2016

36 views

Category:

Documents


0 download

DESCRIPTION

CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013. IMPLEMENTATION PROGRESS. Date of Implementation June 24 th 2013. Modernisation Involving the Child Ensuring HR Compliance. THEMES OF ACT. GROUNDS. Number of grounds rises from 12 to 17 , some new, some changed - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

CHILDREN’S HEARINGS (SCOTLAND) ACT 2011

MARCH 2013

Page 2: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

IMPLEMENTATION PROGRESS

Date of Implementation June 24th 2013

Page 3: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

THEMES OF ACT

• Modernisation

• Involving the Child

• Ensuring HR Compliance

Page 4: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

GROUNDS

• Number of grounds rises from 12 to 17 , some new, some changed

• 2 grounds from 1995 Act go-moral danger and solvent abuse –both can be captured in new grounds

• Found in section 67(2) of the 2011 Act

Page 5: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

MODERNISATION

NEW GROUNDS – s.67

• c – Child has or is likely to have a close connection with a person who has committed a schedule 1 offence

• f – the child has or is likely to have a close connection with a person who has carried out domestic abuse

Page 6: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukNEW GROUNDS continued

• 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

Page 7: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukNEW GROUNDS continued

• (p) The child is being , or is likely to be, subject to physical, emotional or other pressure to enter into a civil partnership or

• Is or is likely to become a member of the same household as such a child

Page 8: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukNEW GROUNDS continued

• (q) the child has been , is being or is likely to be forced into a marriage, that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

• or is likely to become a member of the same household as such a child

Page 9: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

NEW POWERS

• Interim Compulsory Supervision Order

• Medical Examination Order

Page 10: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

NEW ORGANISATIONS

• Children’s Hearings Scotland (CHS)

• Safeguarders– Managed by Children 1st on behalf of Scottish Government

Page 11: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

INVOLVING THE CHILD

• s.121 – Confirming reports reflect the child’s views

• s.122 - Children’s advocacy services

• s.178 - Disclosure of information

Page 12: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukINVOLVING CHILDREN & YOUNG PEOPLE

• Culture and communication

• Participation in developing policy e.g. modern apprentices

• Effective means of communication-forms, letters and electronic

• Venues and people

Page 13: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukECHR COMPLIANCE

• Relevant person

• Legal aid

• Appeals

Page 14: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

• s.200 – Definition of relevant person

• s.81 – Pre hearing panel determination of those who have or has recently had a significant involvement in the upbringing of the child

• s.126 – Contact direction reviews

Page 15: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukLEGAL AID

• Communication by secure electronic exchange using criminal justice secure email

• Need for clarity that solicitor has been instructed

• Practice direction on disclosure

Page 16: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.ukRIGHTS OF APPEAL

• s.154 - Main rights of appeal against decision of children’s hearing

• s.160 - Right of appeal against relevant person determination

• s.161 - Right of appeal against decision on contact direction review

• s.162 - Right of appeal against decision to implement secure order authorisation

• s.166 - Right of appeal by local authority about being named as relevant

local authority

Page 17: CHILDREN’S HEARINGS (SCOTLAND) ACT 2011 MARCH 2013

www.scra.gov.uk

TRANSITIONAL ARRANGEMENTS

• Cases in process under 95 Act likely to remain under 95 Act until conclusion

• Existing SRs likely to be treated as CSOs at ‘go live’ date

• New processes starting after ‘go live’ will operate under 2011 Act