Statutory Grounds For Referral

Question 0

What is absconding (sec 82 children (scot) act 1995)?

Answer 0

When children leave a detained place of safety and fail to return.
It is not an offence to absond
Police have power to arrest and return abscondees.
Can get a warrant to search premises for absconded person

Question 1

When do you refer a child (Sec 52 children (scot) act 1995)?

Answer 1

If the child is:

1. Beyond control of relevant person
2. Falling into bad associations/exposed to moral danger
3. Likely to suffer unnecessarily/Have impaired health due to lack of parental care
4. The child has committed any schedule 1 offences
5. Is/likely to be part of household where child or person who has committed a schedule 1 offence
6. Is/likely to be part of household where a person has committed an offence under sec 1 or 2
7. Not attended school regularly
8. Has committed an offence
9. Misused drugs/alcohol/sniffed volatile substances
10. Is being accommodated by local authority and needs special supervision measures

Question 2

What is harbouring (sec 83 children (scot) act 1995?

Answer 2

An offence for any person to knowingly:

1. Assist/induce a child to absond
2. Attempt to assist/induce a child to abscond
3. Harbour/ conceal and abscondee
4. Prevent a child from returning, or prevent a person returning then child