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What is a Children’s Hearing?

A child who is considered to be in need of care and protection may be referred to the Children’s Reporter by the local Social Work Department. This could be for a variety of reasons ranging from non-attendance at school to a child committing a criminal offence. There needs to be serious reasons for the referral to be made.

The Children’s Reporter will then arrange a meeting, called a Children’s Hearing or Children’s Panel. The relevant people will receive a document from the Children’s Reporter setting out the reasons for the panel being held. This document is called the Statement of Grounds. You should think about taking legal advice at this stage because it is important that you fully understand the document before attending at the hearing. It is very likely that you will disagree with the Grounds.

At the first hearing, the Statement of Grounds will be discussed. If they are denied by the relevant people then the Grounds will be sent to the Sheriff for Proof. This is a separate process and takes place within the local Sheriff Court. The panel might decide that the child needs protected whilst the Grounds are being considered by the Sheriff. In that case, they may decide that an Interim Compulsory Supervision Order or ‘ICSO’ is necessary. An ICSO can determine where a child will live or how much contact they can have with their parents but it will only last for a maximum of 22 days. The ICSO requires to be renewed within this period otherwise the legal protection for the child will fall.

If the Grounds are later established, they will be sent back to the Panel for a final decision to be made about compulsory measures. This is called a Compulsory Supervision Order, or ‘CSO’ and can be in place for up to 12 months.

If a CSO is in place, this will be reviewed annually unless a relevant person or the Social Work Department request an early review.

We understand that attending a Children’s Hearing alone can be difficult. Our experienced Solicitors regularly attend Children’s Hearings across Scotland and are well placed to provide you with the assistance that you will need. Contact us on 01413311144 to discuss your options.