Children's hearings redesign - Establishing grounds of referral - Scottish Government consultations

Establishing grounds of referral

The Scottish Government invites views on the proposal that grounds hearings be replaced with fact finding hearings to be presided over by a new, legally qualified member operating within the environment of the children’s hearings system (the “legal member”). (See section 6.5 of the consultation document)

31. What would be the advantages and disadvantages of passing the fact finding function from sheriffs to a new cohort of legal members within the redesigned children’s hearings system?

advantages

disadvantages

32. Do you consider that this proposal fulfils the intention of the recommendation from the Hearings for Children report that there should be a consistent specialist sheriff throughout the process?

Yes No

Please explain your answer

33. Do you have any views on the proposed retention of the appeal arrangements within a redesigned children’s hearings system?

Yes No

Please explain your answer

34. Other than a legal member or sheriff is there another person or body who could:

present the statement of grounds to the child and family and receive responses? make interim orders?

Please explain your answer

35. What would be the advantages and disadvantages to replacing grounds hearings with a fact finding hearing where the process would be undertaken by a single ‘legal member’?

advantages

disadvantages

36. Is it proportionate and necessary for there to be a fact finding hearing in every case?

Yes No