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The Children’s Hearing System in Scotland
A child or young person may be reported to the Children’s Reporter if someone is concerned about their welfare or behaviour and believes they may require a Compulsory Supervision Order within the care and justice system. Typically, a teacher, police officer, or social worker will make the recommendation.
If a reference is made, the Reporter is usually required to notify the child or young person of the referral in writing. They will also write to their parents or caregivers. If the Reporter believes that the child or young person requires extra help, that such support should be in the form of a compulsory supervision order, and that there is a legal basis for organising a hearing, they will schedule a Children’s Hearing.
A compulsory supervision order requires the social worker to get involved in the child or young person’s life. It will affirm the details of what the child or young person must undertake, as well as any measures that the social work department must take.
The Hearing must be based on legal grounds. The whole reason can be found in the Children’s Hearing (Scotland) Act 2011. A few instances are shown below:
During the hearing, the Statement of Grounds will be read. The child or young person at the centre of the hearing, along with their parents or caregivers, are then allowed to accept or disagree with the grounds.
If the parent/carer or child/young person disagrees with the statement of grounds, the matter may be sent to the Sheriff Court, where a Sheriff will decide the statement of grounds.
The Sheriff will hear from the Reporter, legal representatives, and witnesses and consider the evidence presented by them. If the Sheriff agrees with the Reporter’s Statement of Grounds, the matter is returned to the Children’s Hearing. If the Sheriff disagrees with the Statement of Grounds, the issue is closed.
If the Hearing proceeds, the panel will consider how to best help the child or young person through Compulsory Supervision Orders.
We know that occasionally, the wrong decision is taken. You must understand your rights to guarantee that justice is served for your family.
A parent/carer or a child/young person has the right to appeal the decision of the panel at the Children’s Hearing.
An appeal must be made to the Sheriff Court. The Sheriff must be satisfied that the Children’s Hearing was not justified in making the Compulsory Supervision Order.
We provide experienced advice and representation in appeals to Sheriff Courts and beyond, challenging the judgments of Children’s Hearings and Pre Hearing Panels.
We frequently offer advice and counsel in appeals against judgments relating to residency, contact, and relevant person status.
Taking a child from their home and forcibly removing them from their parents without consent is an interference with one’s rights. It can cause significant harm to a child and their parents, the trauma of which can take years to remedy. If such a situation can be avoided, then it ought to be. The Glasgow Law Practice are experts in this field and can provide advice and guidance about how to proceed when faced with a Children’s Hearing Panel or Appeal.
The Glasgow Law Practice has a dedicated team of family lawyers who are experts in the field of Child Protection law, ensuring the best outcomes for children and young people and their families. It is some of the most important legal work that our Firm undertakes, particularly in the area of child law and the protection of vulnerable children and young people. You can be assured that our team of child law solicitors can represent you at all stages of the process to protect your rights.
Your compassionate and reliable family law solicitors in Glasgow. Our dedicated team of family law experts is committed to providing you with exceptional legal representation and support during challenging times. We understand that family matters can be emotionally charged and complex, and we are here to guide you through every step of the legal process with sensitivity and expertise.
Find out where you stand with a free 15 minute case evaluation. Click the button below to book a free case evaluation today from Glasgow’s trusted family law solicitors. Appointments can be by telephone, videocall or in-person appointment with a solicitor.
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We provide compassionate and personalised legal representation to clients involved in child-related cases, ensuring that the best interests of the child are at the forefront of our approach.
Whether you require assistance with children’s hearings, referrals, or navigating complex legal procedures, we are committed to providing expert guidance and support.
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63 Carlton Place , Glasgow,
G5 9TW
The Glasgow Law Practice, Grove House
1 Kilmartin Pl, Glasgow, G71 5PH
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