Appendix 1: Glossary, Further Reading
Provided by the local authority for a period of more than 24 hours for a child where:
- no-one has parental responsibilities for the child;
- the child is lost or abandoned; or
- the person who has been caring for the child is prevented from providing the child with suitable accommodation or care.
ADOPTION AND CHILDREN (SCOTLAND) ACT 2007
- Legislation which supports applications for Permanence Orders
The local authority has a general duty to help prepare a child to leave their care, in particular they must:
- advise, guide and assist any child under 19 who was looked after by the local authority at any time after he or she reached the school leaving age
- young people between 19 and 21 can ask for advice, guidance and assistance and the local authority can agree if this is in the young person's best interests.
ANTISOCIAL BEHAVIOUR etc (SCOTLAND) ACT 2008
- Legislation which deals with Antisocial Behaviour Orders, Intensive Monitoring and Support, Parenting Orders
ANTISOCIAL BEHAVIOUR ORDER
A civil order that exists to protect the public from behaviour that causes, or is likely to cause distress.
AREA SUPPORT TEAM
Area Support Teams are there to provide standardised local support for panel members and maintain appropriate links with local authorities.
ART AND PART
Active participation of an indirect nature before or during the commission of a crime. Presence alone is not enough, active involvement is required.
Any deliberate / unjustifiable attack upon another.
This can be in the community or in a residential setting and include information from psychologists (educational and/or clinical); psychiatrists; and any specialist services. Continuation for an assessment is made when additional information is required, more detailed explanations are needed, or information from additional sources is requested. Careful thought should be given regarding assessment in a residential setting. This process should not be confused with a Child Assessment Order, which can only be issued by a sheriff.
The hearings system is governed by the Act and Rules and Best Practice Guidance helps make the legal process 'user friendly'. The Guidance is issued by the Scottish Executive and is used by panel members throughout Scotland. Issues from the Guidance are incorporated into the Training Resource Manual.
Each looked after child is required to have a care plan which details the immediate and longer term plans for the child, details of services to be provided and the responsibilities of the local authority to the child and parents.
Local authorities are required to review cases of all children who are looked after by them at certain specified intervals.
The member of the hearing with specific responsibility for chairing the hearing.
Under the Children's Hearings (Scotland) Act 2011 usually a child is either under 16 or under 18. A local authority 's duties relate to children under 18. For hearings it means:
- a child is a person who is not yet 16 years of age
- a child over 16 years of age but is subject of a compulsory supervision order
- a child over the age of 16 years of age but not yet reached school leaving age.
CHILD ASSESSMENT ORDER
An order granted by the court on application of a local authority which enables social workers to gain access to any child whose safety they are concerned about and whose parents are refusing to co-operate. The order, which is time limited to a maximum of 7 days, allows for assessment of a child's health and/or development or to investigate how a child has been treated. The sheriff must be satisfied that there is reasonable cause to suspect that child is suffering or is likely to suffer significant harm and that an assessment of the child is necessary to resolve these concerns. The child may be removed from home to allow the assessment to take place.
CHILD PROTECTION ORDER
An order granted by the court where the sheriff is satisfied that there is reasonable cause to believe that a child is suffering or is likely to suffer significant harm and cannot be protected other than by removal from home. If no application is made to set the order aside it will be reviewed by a hearing on the second working day. A Child Protection Order lasts for a maximum of eight working days after it has been implemented.
CHILD PROTECTION COMMITTEES
Multi-agency, in place in each local authority (or in collaboration with others) to develop, monitor and review child protection policies and guidance for dealing with child protection referrals and promote inter-agency working.
CHILD PROTECTION REGISTER
Maintained by local authorities listing all children in the area who are the subject of an inter-agency child protection plan.
CHILDREN AFFECTED BY DISABILITY
A person with a disability is defined as someone with:
- a chronic sickness or disablement
- suffering from a mental disorder.
Services must be designed to minimise the effect on children of either their own disability or that of a family member, and to allow them to lead as normal a life as possible.
A lay tribunal composed of three panel members one of whom chairs the proceedings. Both genders must be represented. The hearing is charged with deciding if a child requires a compulsory supervision order.
CHILDREN'S HEARINGS SCOTLAND
A new national body established to support the national Children's Panel and provide assistance to the National Convener.
CHILDREN'S HEARINGS (SCOTLAND) ACT 2011
The Act which provides the legislative framework for the conduct of Children's Hearings. A copy of the Act is issued with Training Resource Manual Volume 1.
CHILDREN'S HEARINGS (SCOTLAND) ACT 2011 (RULES OF PROCEDURE IN CHILDREN'S HEARINGS) RULES 2013
The rules concern the operation of the Children's Hearings (Scotland) Act 2011 in relation to children's hearings. A copy of the Rules is issued with Training Resource Manual Volume 1.
Is a body of lay people appointed by the National Convenor on the recommendation of an Area Support Team.
CHILDREN'S SERVICE PLANS
A local authority must publish plans for services for children in their area. There is also a duty on the local authority to consult with other specified people, including the Area Convener of the children's panel, when drawing up plans and reviewing them.
This is defined as the child being a member of the same household as the person or that the child is not a member of the same household but has significant contact with the person.
COMPULSORY SUPERVISION ORDER
An order put in place by a hearing to impose measures of protection, guidance, treatment, or control on a child.
Allow panel members to make their intentions for supervision more specific. Conditions may include matters relating to, e.g. contact, where a child should live; secure accommodation, non-disclosure of address.
Contact between children and their parents (and brothers, sisters) is a basic right which should only be regulated if the welfare of the child might be compromised. Contact includes face to face meetings, letters, phone calls etc.
A hearing, if it considers it appropriate, may defer making the substantive decision to a subsequent children's hearing. Interim decisions may be made when deferring.
One of the measure that can be applied to an CSO for example authorising the person who is in charge of the place where the child is required to live to restrict the child's liberty to the extent that person considers appropriate having regard to the measures included in the compulsory supervision order.
This allows the local authority and others to take steps to protect a child in an emergency prior to seeking a child protection order.
Order granted by the court to remove the suspected abuser from the home in order that a child who is suffering or likely to suffer significant harm may remain at home. Used in place of a Child Protection Order.
Causing all or part of the property to be consumed by fire. Fire must have been started intentionally / recklessly.
The legal situation where a court or parent who has parental responsibilities and rights passes these on to an appointed person to act in their place in the event of the parent's death. A guardian must be appointed in writing and children should be asked their opinion before any appointment. Guardianship lasts until the child is 18.
The Act defines a child as being in need of care and attention if:
- he or she is unlikely to achieve or maintain a reasonable standard of health or development unless services are provided by the local authority
- his or her health and development is likely to be seriously impaired or further impaired without such services
- he or she is disabled
- he or she is affected adversely by the disability of a member of the family.
A local authority must provide a range and level of services to safeguard and promote the welfare of children in its area who are in need and to promote the upbringing of children in need by their families.
INTERIM COMPULSORY SUPERVISION ORDER
Broader than a warrant as the child need not be required to reside in a place of safety. It can be issued where it is necessary as a matter of urgency for the protection, guidance, treatment or control of a child May contain any of the measures possible for a CSO. Maximum duration 22 days. Where a proof application is pending, maximum total duration of ICSOs issued by a hearing is 66 days.
INTERIM VARIATION OF COMPULSORY SUPERVISION ORDER
Where a CSO is in force, any interim change to the compulsory provisions applying to a child is achieved through an interim variation of the CSO. The order which is then in force remains the CSO, but as varied. Maximum duration of the interim variation is 22 days, but there can be further interim variations.
The body responsible for the provision of legal assistance is the Scottish Legal Aid Board ( SLAB). Legal assistance may be provided
- To allow the child or any relevant person to participate effectively in the hearing it is necessary that the child or relevant person be represented by a solicitor or counsel: and
- It is unlikely the child or relevant person will arrange to be represented by a solicitor or counsel
Legal assistance will automatically be available to children at the following hearings:
- Second working day hearings
- Custody hearings
- Any hearing considering secure accommodation
The child has to have the capacity to instruct a solicitor.
Children who are looked after are those who are:
- provided with accommodation by local authorities under s.25 of the Act
- subject to compulsory supervision order (whether living at home or away from home)
- subject to an order, warrant or authorisation under which the local authority has responsibilities for the child.
The local authority has a duty to look after children to:
- safeguard and promote the child's welfare
- provide family support services where the child is living at home
- promote contact between child and parents
- ascertain and take account of the child's views and views of parents and other relevant adults
- have regard to the child's religion, race, culture and linguistic background
- review the child's case at regular intervals.
Intentional or reckless destruction or damage to the property of another.
Measures can be added to a compulsory supervision order or an interim compulsory supervision order. These measures can be directions, conditions or requirements.
MEDICAL EXAMINATION and TREATMENT
Under the Age of Legal Capacity (Scotland) Act 1991, children under the age of 16 have capacity to consent to their own medical examination and treatment where, in the opinion of the qualified medical practitioner, the child is capable of understanding the nature and possible consequences of the examination or treatment.
MEDICAL EXAMINATION ORDER
If a hearing requires further information and considers it necessary to do so, it may make an order for a medical examination. This order that may include a range of measures including attendance or residence at a clinic or hospital.
MOVEMENT RESTRICTION CONDITION
Restriction on child's movements as specified and imposition of electronic monitoring. Criteria apply. Can be included in a CSO or ICSO.
The National Convener is the principal officer and Chief Executive of Children's Hearings Scotland.
NO ORDER PRINCIPLE or BENEFICIAL PRINCIPLE
A court or hearing should only impose an order if it would be better for the child to do so than not making an order at all.
Under the Act, parents have the following responsibilities towards their children:
- to safeguard and promote child's health, development and welfare until the child is 16
- to provide appropriate direction until the child is 16 and guidance until 18
- maintain good personal relationships and contact with the child until 16
- to act as a legal representative until child is 16.
Under the Act, parents have rights to:
- regulate the residence of a child under 16
- direct the child's upbringing
- maintain contact
- act as a legal representative
where this in the child's best interests.
A parenting order will direct a parent as to how he or she should behave in respect of their child. It will require a parent to undertake certain actions which should lead to improvements in reducing the offending or antisocial behaviour of their child or improve the welfare of the child. The order would also require the parent to exercise control over their child's behaviour. This could include ensuring that the child attends school, avoids contact with certain individuals or visiting certain areas.
An order that gives the local authority
- The "right to control residence" is automatically removed from the child's parents
- The "responsibility to provide guidance" may be shared with the child's parents
and the hearings role is to provide a report to the court as to the suitability of such an order.
Decisions made on the long-term future of children who have been removed from their families' care. Its purpose is to ensure that the child has a permanent, stable and secure upbringing either with their original family or with alternative high quality care.
PLACE OF SAFETY
The temporary placement of a child where there are concerns about his or her safety
This could be a residential or other establishment provided by the local authority and includes a foster carer's home, a hospital, police station, surgery or other suitable place the occupier of which is willing temporarily to receive the child.
Pre-Hearing Panels replace, and extend the current provisions on business meetings. They will be arranged to deal with:
- whether to deem someone a relevant person
- whether a child can be excused from their duty to attend a children's hearing
- whether a relevant person can be excused from their duty to attend a children's hearing
- whether the hearing is likely to consider making a compulsory supervision order with secure accommodation authorisation
- any other matter specified in the rules.
A legal officer who performs the functions of a public prosecutor.
One of the measures that can be applied to a CSO - for example allowing the address of the child to be withheld.
A hearing held in private before the sheriff to establish (or not) the statement of grounds.
A local authority may provide refuge for a child / young person who appears to be at risk. The refuge must be designated to be a refuge and could be in a residential establishment or local authority approved household. The young person will only be allowed to stay for 7 days, or in exceptional circumstances 14 days.
Under the Act in relation to children's hearings, a relevant person is:
- any person who has parental responsibilities and rights over the child
- all parents
- any person who has (or has recently had) significant involvement in the upbringing of the child.
A person employed by the Scottish Children's Reporter Administration to whom
referrals about children are made and who makes decisions whether to refer a child to a hearing.
A person attending a hearing to assist the child and / or relevant person(s) in the discussion of the child's case.
A measure applied to an CSO for example compelling the child to comply with specific measures.
Handling goods knowing them to have been acquired illegally.
An order made by a court which regulates the arrangements about where, and with whom a child will live. If an order is made in favour of someone who does not have parental responsibilities and rights (e.g. grandparents, aunts) then that person will hold responsibilities and rights until or unless the order is changed.
This lasts until the child is 16.
An independent person appointed by a children's hearing (or by a sheriff) to safeguard the interests of the child in the proceedings.
SCHOOL LEAVING DATE
For children whose 16 th birthday is between
- 1 March and 30 September - the date is 31st May
- 1 October and 28/9 February - the date is Christmas.
SCOTTISH LEGAL AID BOARD
Body responsible for the provision of legal assistance to children and / or relevant person(s).
SCOTTISH ASSOCIATION OF CHILDREN'S PANELS
Involves representatives from panels throughout Scotland and provides a forum for sharing views and promoting understanding of the system to the wider community.
SCOTTISH CHILDREN'S REPORTER ADMINISTRATION
Non-departmental public body whose statutory function is to manage the reporter service and to provide suitable accommodation and facilities for children's hearings.
SECTION 67 GROUNDS
The seventeen conditions contained in the Act which indicate a child may need compulsory supervision.
Accommodation approved by the Scottish Executive to meet social, educational and health needs of young people when their liberty needs to be restricted.
Lawyer or advocate of ten years standing appointed to a sheriff court to administer the law.
The test for a person to be deemed a relevant person is that they have (or have recently had) a significant involvement in the upbringing of the child. Our interpretation of significant involvement is one where the individual concerned has key involvement in the core decision making for the child and their life involving where the child stays, the child's schooling and health matters. The category of 'deemed relevant person' is additional to that of 'relevant person'
SOCIAL BACKGROUND REPORT
Report provided by the local authority which provides detailed information on the child and the family and recommends a course of action to guide the hearing.
SOCIAL WORK SERVICES INSPECTORATE
Part of the Scottish Executive who have a responsibility for the quality of social work services across Scotland.
SPECIFIC ISSUES ORDER
An order made by the court which regulates any specific question which has arisen in relation to parental responsibilities, rights, guardianship or administration of a child's property.
Measures taken for the protection, guidance, treatment or control of children.
TIME INTERVALS WORKING GROUP
A multi-agency group set up to consider the setting of national standards covering time-scales and other aspects of the delivery of services to children within the children's hearings system.
Is the process by which the local authority plans and prepares the young person they are looking after for the time when he or she will cease to be looked after.
WARRANT TO SECURE ATTENDANCE
Warrant for police to search for, apprehend, take and detain in a place of safety, and bring the child to the children's hearing or court hearing.
Every day except Saturdays and Sundays; 25 and 26 December and 1 and 2 January.
|ABC||Acceptable Behaviour Contract|
|Act||Children's Hearings (Scotland) Act 2011|
|ASBO||Antisocial Behaviour Order|
|AST||Area Support Team|
|CHS||Children's Hearings Scotland|
|CHTO||Children's Hearings Training Officers|
|CPO||Child Protection Order|
|CSO||Compulsory Supervision Order|
|C & YPG||Children and Young People's Group|
|IAF||Integrated Framework Assessment|
|IAR||Initial Assessment Report|
|ICSO||Interim Compulsory Supervision Order|
|IER||Initial Enquiry Report|
|MEO||Medical Examination Order|
|MRC||Movement Restriction Condition|
|POS||Place of Safety|
|Rules||The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013|
|SACP||Scottish Association of Children's Panel|
|SBR||Social Background Report|
|SCRA||Scottish Children's Reporter Administration|
|SER||Social Enquiry Report|
|SLAB||Scottish Legal Aid Board|
|SWD||Social Work Department|
|TIWG||Time Interval Working Group|
9 FURTHER READING/CONTACT INFORMATION
Children's Hearings (Scotland) Act 2011
Children's Hearings (Scotland) Act 2011 Explanatory Notes
The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013
The Children's Hearings (Scotland) Act (Safeguarders Panel) Regulations 2012
The Children's Hearings (Scotland) Act 2011 Compulsory Supervision Orders etc.: Further Provision Regulations 2012
Children's Hearings Scotland - www.chscotland.gov.uk
Guidance on the child's or young person's plan - GIRFEC www.scotland.gov.uk
Child and Adolescent mental health - www.cahms.org
Looked after children (Scotland) Regulations - www.scotland.gov.uk/Publications/2009/06/10143048
National youth justice Practice Guidance - www.cjsw.ac.uk
Educational outcomes of Scotland's looked after children, 2009/2010 - www.scotland.gov.uk/Resource/Doc/284726/0086480.pdf
BAAF Good practice Guide "Permanence and adoption for children" - ISBN: 978 1907585 098
Written by Alexandra Plumtree
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