8. Children's Hearing System Flashcards
What act covers children’s hearings
Children’s Hearing Act 2011
What are the two principles?
Needs not deeds and welfare at not punitive
Where are the 3 overarching principles
S25, s27, s28
Who has the legal duty to provide information to the children’s reporter?
S.60-64
Why might a child be reported?
S.66
Reporter investigated and determines the facts. Speaks to schools and so on
What is 67?
Whether facts meet conditions to be taken further
What does 68 do?
Hold off and wait and see if anything else happens
What happens if satisfied something needs done?
S69 means can arrange a hearing
Send information to those invited and child if deemed mature enough
Who has the legal right to attend hearing?
3 panel members, the child, relevant persons, unmarried fathers
Can a child be excused?
Yes s73 suspends duty and s.78 the right if it might be overwhelming. However, child has right to attend if they want
What else to people that go have the right to?
Rights to see all parts that go on in the hearing
What is DRP?
Definition of relevant person, someone had significant involvement in the upbringing of the child
Can a sibling attend?
Uncertain
ABC v Principal Reporter going to UKSC
What happens at the hearing?
S90- grounds for referral, parents and child decide if they accept grounds
S91- grounds accepted and hearing goes on
S93- if not accepted, hearing stops and goes to sheriff court. If sheriff agrees grounds are established then hearing continues as if grounds accepted
What happens if hearing is difficult?
Safeguard-er appointed and meet everyone and write a report then hearing continues
