Welcome

1. Welcome From Act to Practice 2013

2. Today • Law is in transition • Seminar geared for all levels of knowledge • Pack content • How day will work – case scenarios/ materials • Planning • Evaluation

3. JODIE John’s half-sister. She lives with Brian. GRAN BETTY John stays with her regularly when there are problems at home. UNCLE SEAN Often at John’s house. John stays with him sometimes. At onetime went to court to ask for John to live with him. BRIAN Mum’s old partner. John sees him often and he is the person John confides in. LILY Dad’s partner. Always fighting with John’s Mum. Used tobe close friends with her. LAURA John’s Mum. John lives with her. GEOFF John’s Dad. Haslittle todo with his son. DAVE Mum’s partner of 3 months. Stays over once a week JOHN LORI BEFRIENDER Brought in by John’s school to help. John is quite isolated and withdrawn. AHMED SOCIAL WORKER Doing a report for the hearing. FIONA SOLICITOR A solicitor. John wanted a lawyer involved from the mention of panels. LEE ADVOCATE Involved with John after school. Brought in to help John with some problems. JIM BARR TEACHER John’s Guidance Teacher. From Act to Practice

4. The Children’s Hearings (Sc) Act 2011 – Why? • Modernising – new structures & language • Codification – current law & rules in one place • Clarification – more detail & current practice • Participation – child and carers • Consistency – less inconsistency • Implementation - strengthening hearings

5. From Act to Practice

6. Relevant Person status • Part of the child’s picture and the solution? • Rights only relate to children’s hearings • Person has rights that the hearing can interfere with • Person has rights to contribute, access information& challenge • Not involving – can lead to disruption and delay at a later stage Act is attempting to clarify rights as early as possible

7. Who are Relevant Persons? • Mother • Father • Persons with parental rights and responsibilities • Persons with a residence order • Persons with parental rights and responsibilities under a permanence order • Person deemed a relevant person by a hearing

8. Being deemed a Relevant Person? • Criteria – has or has recently had a significant involvement in the child’s upbringing • A pre-hearing panel will decide • Reporter can arrange • The person, child and any relevant person can request • Can attend and make representations • Can review/appeal decision

9. Automatic Automatic Automatic The 2 routes to a Contact Direction Review Hearing: Automatic Hearing held that makes, varies or terminates a contact direction ROUTE 1 A person has a contact order who is entitled to contact (known to Reporter) & Not Relevant Person ROUTE 2 Someone thinks they have or have recently had, significant involvement in the child’s upbringing & Not Relevant Person Approaches Reporter Contact Direction Review Hearing within 5 days From Act to Practice

10. Relevant Information • Is this person a parent? • Is there any dispute about their parentage? • If so, is there any information (or legal proof)? • Does or did this person have involvement with a court about the child? • Does this person have any court order? • What is this person’s involvement with the child and their upbringing? • If this has ended – how recently?

11. Case Scenario - Instructions • Use John’s family diagram and your hand out • You have 20 minutes • A note of the answers will be provided at the end of the session • Note big issues/questions on flipchart • Use your planning forms! • Clan and Celcis people will circulate around the tables to keep things moving

12. Overview of Participation • Children and young people want this • Participation of others (relevant persons) • Specific and general duties • People and methods available – implications • Information sharing & non-disclosure • Preparation • Rights/wants & best interests/representation

13. Changes - Participation • Views of child in reports • Duties on the chair at the hearing • New methods – in certain circumstances • Advocacy services • Legal representation • Information sharing/non-disclosure • Vulnerable witnesses

14. The Quiz - Instructions • Answer as many questions as you can in 8 minutes – there will be prizes! • Use the session hand out • Group or Individual answers • A note of ‘answers’ will be given

15. Overview of Grounds • Who are the grounds important to? • Criteria for referral has changed • Different grounds:- domestic abuse- forced marriage/civil partnerships- new behaviour ground • Concept of ‘close connection’

16. ‘close connection’ • Broadens ‘member of the same household’ to cover significant contact • Relates to Schedule 1 offenders, Sexual Offenders & Domestic Abusers • Relevant information to decide significant contact

17. Case Scenario - Instructions • Use John’s family and questions in hand out • You have 10 minutes • Note big issues/questions on flipchart • A note of ‘answers’ will be given

18. Changes • Hearings –new structures & focus • New terminology – orders and warrants • Non-disclosure of information – new process • Safeguarders – timescales and appeal rights • New decisions on new concepts • New appeals and reviews • Courts – new powers at appeal, new fast track process

19. Implementation • Implementation authority • Review of implementation status • Assistance • Implementation of secure authorisation • National Convener’s role – breach of duty • Reporting on implementation

20. Materials and Support Available • Materials from this course • Other materials out there • Materials to be developed • Advice • More seminars or workshops?

21. Thank you