PART 7
REVIEWS AND APPEALS
Review of decision of children's hearings by sheriff
180 Application to sheriff for review of decision of children's hearing
(1) This section applies where a children's hearing makes a decision in relation to a child to-
(a) make, vary or continue a compulsory supervision order,
(b) discharge a referral by the Principal Reporter,
(c) terminate a compulsory supervision order,
(d) make, or fail to make, a secure accommodation authorisation,
(e) make an interim compulsory supervision order,
(f) make a medical examination order, or
(g) issue a warrant to secure attendance.
(2) The child or a recognised carer of the child may apply to the sheriff for review of the decision.
(3) An application for review may be made jointly by-
(a) the child and one or more recognised carers of the child, or
(b) recognised carers of the child.
(4) An application for review must be made within the period of three weeks beginning on the day on which the decision is made.
181 Procedure
(1) Where an application for review is made under section 180, the President must lodge with the sheriff clerk a copy of-
(a) the decision, and the reasons for the decision, of the children's hearing,
(b) all documentation provided to the children's hearing, and
(c) the President's report of the children's hearing.
(2) The sheriff may review the decision of the children's hearing with or without hearing evidence.
(3) The sheriff may hear evidence from-
(a) the child,
(b) a recognised carer of the child,
(c) an author or compiler of a report or statement provided to the children's hearing that made the decision,
(d) the Principal Reporter,
(e) where the review is of a decision to make a secure accommodation authorisation in respect of the child-
(i) the person in charge of the secure accommodation specified in the secure accommodation authorisation, and
(ii) the chief social work officer of the relevant local authority for the child, and
(f) any other person whom the sheriff considers may give material additional evidence.
(4) The sheriff may require any person (including a safeguarder) to give a report to the sheriff to assist in determining the review.
182 Confirmation of determination
(1) This section applies where the sheriff determines that the decision of a children's hearing is justified.
(2) The sheriff must confirm the decision of the children's hearing.
(3) Subsections (4) and (5) apply where the sheriff is satisfied that the child's circumstances have changed since the day of the decision of the children's hearing.
(4) The sheriff may do one or more of the following-
(a) refer the matter to a children's hearing for consideration of whether compulsory supervision of the child is necessary for the protection, treatment, guidance or control of the child,
(b) continue, vary or terminate any order or warrant which is in effect,
(c) where no compulsory supervision order is in effect in respect of the child, discharge the referral by the Principal Reporter that gave rise to the decision, or
(d) make an order or issue a warrant which a children's hearing may make in relation to the child in the circumstances.
(5) The fact that a sheriff makes, continues or varies an order or warrant under subsection (4) does not prevent a children's hearing continuing, varying or terminating the order or warrant.
183 Overturning of decision
(1) This section applies where the sheriff determines that the decision of a children's hearing is not justified.
(2) The sheriff must overturn the decision of the children's hearing.
(3) On overturning the decision, the sheriff may do one or more of the following-
(a) refer the matter to a children's hearing for consideration whether compulsory supervision of the child is necessary for the protection, treatment, guidance or control of the child,
(b) continue, vary or terminate any order or warrant which is in effect,
(c) where no compulsory supervision order is in effect in respect of the child, discharge the referral by the Principal Reporter that gave rise to the decision, or
(d) make an order or issue a warrant which a children's hearing may make in relation to the child in the circumstances.
(4) The fact that a sheriff makes, continues or varies an order or warrant under subsection (3) does not prevent a children's hearing continuing, varying or terminating the order or warrant.
184 Frivolous or vexatious applications
(1) This section applies where the sheriff confirms a decision of a children's hearing.
(2) If the sheriff is satisfied that the application for review of the decision of the children's hearing is frivolous or vexatious, the sheriff may order that during the period of 12 months beginning on the day of the order, the applicant may not make an application for review of a decision of a children's hearing in relation to a compulsory supervision order in respect of the child.
Warrants to secure attendance
185 Warrants to secure attendance
(1) This section applies where an application for review under section 180 includes an application for review of a decision of a children's hearing to issue a warrant to secure attendance.
(2) The review must be heard and disposed of within three days after the day on which the application for review is made.
(3) If the review is not disposed of within that period, the warrant ceases to have effect.
(4) If the sheriff determines that the decision of the children's hearing is not justified, the sheriff must recall the warrant.
Interim compulsory supervision orders and medical examination orders
186 Interim compulsory supervision orders and medical examination orders
(1) This section applies where an application for review under section 180 includes an application for review of a decision of a children's hearing to make-
(a) an interim compulsory supervision order, or
(b) a medical examination order.
(2) The review must be heard and disposed of within three days after the day on which the application for review is made.
(3) If the review is not disposed of within that period, the order ceases to have effect.
(4) If the sheriff determines that the decision of the children's hearing is not justified, the sheriff must terminate the order.
Secure accommodation authorisations
187 Secure accommodation authorisations
(1) This section applies where an application for review under section 180 includes an application for review of a decision of a children's hearing to make, or fail to make, a secure accommodation authorisation in relation to a child.
(2) The review must be heard and disposed of within three days after the day on which the application for review is made.
(3) Where such a review is not disposed of within three days after the lodging of the application, the secure accommodation authorisation is recalled.
188 Secure accommodation authorisation: determination
(1) This section applies where an application for review under section 180 includes an application for review of a decision of the children's hearing to make a secure accommodation authorisation.
(2) Where the sheriff determines that the decision of the children's hearing to make a secure accommodation authorisation is not justified, the sheriff must recall the secure accommodation authorisation.
(3) Where the sheriff determines that the decision of the children's hearing to make a secure accommodation authorisation is justified, the sheriff may, in confirming the decision of the children's hearing, vary the order.
189 Failure to make secure accommodation authorisation: determination
(1) This section applies where an application for review under section 180 includes an application for review of the failure of a children's hearing to make a secure accommodation authorisation.
(2) Where the sheriff determines that the children's hearing has unjustifiably failed to make a secure accommodation authorisation, the sheriff may make a secure accommodation authorisation.
Compulsory supervision orders: suspension pending review
190 Compulsory supervision orders: suspension pending review
(1) This section applies where an application is made under section 180 for review of a decision to make a compulsory supervision order.
(2) Where the application is made by the child or a recognised carer of the child, that person may request the President to arrange a children's hearing to consider whether the decision should be suspended until the determination of the review.
(3) As soon as practicable after the request is made under subsection (2), the President must arrange a children's hearing to consider whether the decision should be suspended pending the determination of the review.
Local authority
191 Local authority
(1) This section applies where a duty is imposed on a local authority by virtue of an order made under this Act (other than an order under this section) by-
(a) a children's hearing, or
(b) the sheriff.
(2) If the local authority is satisfied that it is not the relevant local authority for the child in respect of whom the duty is imposed, the local authority may apply to the sheriff for a review of the decision or determination to impose the duty on it.
(3) The sheriff may review the decision or determination to impose the duty with or without hearing evidence.
(4) The sheriff may hear evidence from-
(a) any local authority,
(b) the President, and
(c) the Principal Reporter,
(5) Where the duty is imposed on the local authority by a children's hearing, the sheriff may require the President to lodge with the sheriff clerk a copy of the decision (and reasons) of the children's hearing.
(6) The sheriff must determine which local authority is the relevant local authority for the child.
(7) Where the local authority that made the application under subsection (2) is the relevant local authority for the child, the sheriff must confirm the decision of the children's hearing or the determination of the sheriff.
(8) Where another local authority is the relevant local authority for the child, the sheriff-
(a) must vary the order which imposed the duty so that the duty falls on that local authority, and
(b) may make an order for that local authority to reimburse such sums as the sheriff may determine to the local authority which made the application under subsection (2) for any costs incurred in relation to the duty.
Appeals
192 Appeal from determination of sheriff
(1) This section applies where the sheriff-
(a) determines that a ground is, or is not, established,
(b) determines that an application for review of a finding that a ground is established,
(c) confirms a decision of a children's hearing,
(d) overturns a decision of a children's hearing, or
(e) makes an order under section 191(8)(b).
(2) The following persons may appeal by stated case to the sheriff principal or the Court of Session against the sheriff's determination-
(a) the child,
(b) a recognised carer of the child, and
(c) except where the sheriff confirms a decision of a children's hearing, the Principal Reporter.
(3) An appeal may be made jointly by-
(a) the child and one or more recognised carers of the child, or
(b) recognised carers of the child.
(4) An appeal under this section must be made within a period of 28 days beginning with the day on which the determination appealed against is made.
(5) An appeal under this section may be made-
(a) on a point of law, or
(b) in respect of any procedural irregularity.
(6) On determining an appeal under subsection (2), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.
193 Appeal to Court of Session from sheriff principal's determination
(1) This section applies where the sheriff principal determines an appeal under section 192.
(2) The following persons may, with leave of the sheriff principal, by stated case appeal to the Court of Session against the sheriff principal's determination-
(a) the child,
(b) a recognised carer of the child, and
(c) the Principal Reporter.
(3) An appeal may be made jointly by-
(a) the child and one or more recognised carers of the child, or
(b) recognised carers of the child.
(4) An appeal under this section must be made within a period of 28 days beginning with the day on which the determination appealed against is made.
(5) An appeal under this section may be made-
(a) on a point of law, or
(b) in respect of any procedural irregularity.
(6) On determining an appeal under subsection (2) the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.
(7) A decision by the Court of Session is final.