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.

4 Mutual Assistance (s 183)

Children's Hearings Scotland, the National Convener, SCRA and the Principal Reporter must be mutually supportive and comply with a request for assistance in carrying out their functions.

A local authority or health board must comply with a request from any local authority for assistance in carrying out its functions under the Act. (s 183(4))

Any request must specify the assistance required. Any party need not comply with the request if it would be incompatible with their own functions (statute or otherwise) or it would prejudice the person in being able to carrying out their own functions.

If an implementation authority has made request for assistance from a health board and:

  • the request made is in connection with the implementation of a compulsory supervision order in relation to a child and
  • the implementation authority is satisfied that the health board has unreasonably failed to comply.

The implementation authority may refer the matter to Scottish Ministers who may consider the case and, if satisfied that there has been an unreasonable failure to comply with the request for assistance direct the health board to comply and the health board must comply. (s 184)


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