Children’s hearings and child protection
Clear advice when social work is involved with your family
Finding out that your child has been referred to the Children’s Reporter, or that social work wants to remove your child from your care, is frightening. The language is unfamiliar, the timescales are short and the decisions matter enormously. Our children’s hearing solicitors in Glasgow guide parents, carers and young people through the process and make sure their voice is heard.
Our team of child law solicitors gives practical, expert advice from the first contact with social work, prepares you for each hearing and represents you at children’s hearings and in court proceedings in the sheriff court, including child protection order hearings, proofs on grounds of referral and appeals.
What is a children’s hearing?
The children’s hearings system is Scotland’s way of making decisions for children and young people who may need help, protection or supervision. It is set out in the Children’s Hearings (Scotland) Act 2011. A hearing is not a court. Decisions are made by a panel of three trained volunteers from Children’s Hearings Scotland, who sit around a table with the child, the family and the professionals involved.
Cases reach a hearing through the Children’s Reporter, who works for the Scottish Children’s Reporter Administration (SCRA). Social work, the police, schools, health professionals or anyone else can refer a child to the Reporter. The Reporter investigates, then decides whether there is enough evidence of a ground of referral and whether compulsory measures may be needed. If so, the Reporter arranges a hearing.
Grounds of referral
A child can only be brought to a hearing if at least one ground of referral applies. The grounds include that the child:
- is likely to suffer unnecessarily, or have their health or development seriously impaired, because of a lack of parental care
- has been, or is likely to be, the victim of certain offences, or has a close connection with a person who has committed such an offence
- is being, or is likely to be, exposed to people whose conduct is likely to be harmful to them
- is beyond the control of a relevant person
- is misusing alcohol or drugs
- has failed to attend school without reasonable excuse
- has committed an offence
At the start of the hearing the panel asks the child and the relevant persons whether they accept the grounds. If the grounds are accepted, the hearing can go on to make a decision. If they are not accepted, or the child is too young to understand them, the panel can discharge the referral or direct the Reporter to apply to the sheriff to decide whether the grounds are established. That sheriff court hearing is called a proof, and having a solicitor at that stage is particularly important.
Compulsory supervision orders
If the panel decides that compulsory measures are needed, it can make a compulsory supervision order (CSO). A CSO places a duty on the local authority to support and supervise the child, and it can include measures such as:
- a requirement that the child lives at a particular place, which may be with a relative, with foster carers or in residential care
- directions about contact between the child and their parents, brothers and sisters or other people
- other conditions, such as attending particular appointments or services
Where a decision is needed urgently, the hearing can make an interim compulsory supervision order while more information is gathered. A CSO must be reviewed by a hearing before it expires, and relevant persons can ask for a review once three months have passed since the order was made or last reviewed. A review is the chance to show that things have changed and that the order should be varied or ended.
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Child protection orders
If there are serious concerns that a child is at risk of significant harm, the local authority (or another person) can apply to the sheriff for a child protection order (CPO). A CPO can authorise the removal of a child to a place of safety, or prevent a child from being taken away from somewhere such as a hospital. Orders are often granted on the same day, usually without the parents being present.
Because so much is at stake, the law builds in quick checks. A children’s hearing must normally take place on the second working day after the child is taken to a place of safety, to decide whether the order should continue. Parents and other relevant persons can also ask the sheriff to recall or vary the order. If the order continues, a further hearing follows within a few days, at which the grounds of referral are put. Contact us as early as possible if a child protection order has been made.
Relevant persons and your right to take part
Parents with parental rights and responsibilities are automatically relevant persons. Relevant persons are entitled to attend the hearing, receive the reports and papers, bring a representative and appeal decisions. Other family members who have had a significant involvement in a child’s upbringing, such as grandparents, step-parents or other relatives, can ask a pre-hearing panel to deem them a relevant person. We can help you make that request. Grandparents can find more information on our grandparents’ rights page.
Appealing a hearing’s decision
If you disagree with a decision of a children’s hearing, you can appeal to the sheriff. An appeal must be lodged within 21 days of the decision, so it is important to take advice straight away. The sheriff can confirm the decision, send the case back to a hearing or, in some cases, make a different decision.
How our child law solicitors can help
Our family law team has extensive experience of the children’s hearings procedure, which can be complex and fast moving. We always keep the best interests of the child, and the child’s welfare, at the centre of our legal advice.
- Explaining the grounds of referral, the reports and what the panel is likely to consider
- Preparing you for the hearing so that you know what to expect
- Representing parents, carers and young people at children’s hearings
- Acting in sheriff court proofs on grounds of referral
- Challenging child protection orders and lodging appeals within the time limit
- Applying for relevant person status for grandparents and other relatives
- Advising on contact with looked after children, permanence orders and adoption
Children’s hearings: frequently asked questions
Do I need a solicitor at a children’s hearing?
You do not have to have one, and a hearing is designed to be less formal than a court. However, an experienced family lawyer can help you understand the reports, put your views across clearly and protect your rights, particularly if you do not accept the grounds or the panel is considering moving your child away from home.
Will my child have to attend the hearing?
Children have a right to attend and are usually expected to. The panel can excuse a child from attending, for example if attending would cause them distress or they are too young to take part in a meaningful way.
What is a safeguarder?
A safeguarder is an independent person the panel or the sheriff can appoint to look into the child’s circumstances and make recommendations in the child’s interests. The safeguarder’s report is shared with the relevant persons.
Can a children’s hearing stop me seeing my child?
A compulsory supervision order can include directions about contact, which may limit contact or set conditions on it. If you are unhappy with a contact direction, you can ask for a review or appeal the decision.
How long does a compulsory supervision order last?
A CSO lasts for the period set by the hearing, up to a maximum of one year, unless it is continued at a review. Orders are often reviewed and varied as circumstances change.
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