Children's hearings training resource manual: volume 1
Volume 1 contains the Children's Hearings (Scotland) Act 2011 and new rules regarding legislation and procedures.
Section 11 Warrants and Urgent Necessity Decisions
A warrant is a measure which may entail removal of children from the home to a place of safety, possibly against their will, and this decision may entail pursuit by the police. The warrant can contain a secure accommodation authorisation.
Panel members should approach this decision with caution and are unlikely to use their power unless convinced that this course of action is appropriate. In reaching a decision panel members should weigh up the potential risks to the child and whether more harm will be caused by removal from home than by leaving the child in his or her current situation and whether the attendance of the child at the hearing could be affected by any other means
If a child has not been excused from attending the children's hearing and fails to attend the hearing without good reason, the hearing may consider whether to issue a warrant to secure the attendance of the child, if the reporter makes an application for this course of action. (s 123)
If the hearing considers that a warrant is necessary to secure the attendance of the child, they can ask the reporter to consider making an application for a warrant but the reporter is under no obligation to do so.
It should be noted that a children's hearing cannot issue a warrant to secure the attendance of the child without the reporter first making an application to do so.
Warrant to secure attendance at a children's hearing
A warrant to secure attendance gives a police officer authority to search for and apprehend the child and take the child to a place of safety and bring the child to a hearing. It also includes the power, if necessary, to break open lockfast places in their search for the child. (s 88)
Warrant to secure attendance at a children's hearing with secure accommodation authorisation
A warrant to secure attendance may also include a secure authorisation if:
- The warrant authorises the keeping of the child in a residential establishment. and
- One or more of the secure criteria are met. and
- Having considered all other options the children's hearing consider it is necessary to do so.
The secure criteria are:
- The child has previously absconded and is likely to do so again and if the child was to abscond, the child's physical, mental or moral welfare would be at risk.
- That the child is engaging in self harming conduct.
- The child is likely to cause injury to another person.
Where a warrant has been granted to secure the attendance of the child, wherever practicable, the reporter must arrange the children's hearing to take place on the first working day after the child has been detained. (Rule 17)
URGENT NECESSITY DECISIONS
In certain situations, a children's hearing may have to make a decision in relation to the child in urgent necessity. In these types of situations, an immediate decision needs to be made to protect the child. There are certain 'protective' procedures which can be applied but it is important to remember that there is a presumption of a one order principle throughout the legislation.
If a child is not subject to a compulsory supervision order, there is an interim measure which can be set in place for the child if it is necessary as an urgent necessity.
If the child is subject to a compulsory supervision order, there is an interim measure which varies the current compulsory supervision order which can be set in place for the child if it is an urgent necessity.
WHEN A CHILD IS NOT SUBJECT TO A COMPULSORY SUPERVISION ORDER
If it is necessary as a matter of urgency for the protection, guidance, treatment or control of the child, interim compulsory supervision order ( ICSO) may be made. This order is highly flexible and offers panel members a range of options for the child. The child can be removed from home or remain in home on an ICSO. The child can be required to reside in a named place or in a place of safety. As with a compulsory supervision order ( CSO) at least one measure must be attached to the order and the implementation authority must be named. An ICSO lasts for 22 days but can be renewed lasting up to a total of 66 before the section 67 ground is established in court. If grounds are accepted or established there are no limit to the ICSOs which may be set in place by the children's hearing.
WHEN A `CHILD IS SUBJECT TO A COMPULSORY SUPERVISION ORDER
If a child is subject to a compulsory supervision order it is necessary as a matter of urgency for the protection, guidance, control or treatment of the child, an interim variation of a compulsory supervision order may be made. This order allows the child to reside in named place (including the child's own home) or a place of safety away from the place where the child predominantly resides. As with a compulsory supervision order ( CSO) at least one measure must be attached to the order and the implementation authority must be named. The order can last for 22 days and cannot be renewed although other variations can be made.
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