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.

1 Breach of Duty by Local Authority

An implementation authority must give effect to the compulsory supervision order and comply with any requirements imposed on it in relation to the child. This includes the securing or facilitating the provision of services for a child even if the local authority does not normally provide this kind of service. (s 144)

When a children's hearing is reviewing a compulsory supervision order in respect of a child who is subject to a compulsory supervision order and it appears to them that the local authority is in breach of their duty either to

  • Give effect to the terms of the compulsory supervision order or comply with any requirements in terms of provision of services. or
  • Investigate whether any imposed conditions are being carried out where the child is placed in accommodation. (s 145)

the childrens' hearing may direct the National Convener to give the authority notice of intention to enforce the local authority's duty and if they do so they must also require a review of the compulsory supervision order to take place as soon as is practicable after 28 days from when the notice is given.

If at the following review the local authority continues to be in breach of their duty, the children's hearing may then direct the National Convener to make an application to court for an order to enforce the implementation authority to carry out their duty. (s 146)

If directed to do so by the children's hearing the National Convener must apply to the sheriff principal for an order to enforce the implementation authority's duty in relation to the child where the National Convener has:

  • Already given notice to the local authority about the breach of duty. and
  • The local authority has failed to carry out the duty specified in the period set down. (s 147)

The sheriff principal may make an order requiring the implementation authority to carry out that duty and that order is final. (s 148)


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