What happens now?
After the Requirement has been made, the social worker who has been allocated by the local authority to your child, will speak to you and your child, and discuss a plan for the future.
The social worker will also consult with others, such as your child’s school, and prepare a care plan to help improve your child’s situation.
The Hearing expects that the local authority will provide the supervision that a child requires.
The plan helps to identify what needs to be done and what part everyone will play in the work with the child or young person and with yourself.
Is it compulsory?
How long will it last?
When a Supervision Requirement is no longer necessary, it will be terminated at a Review Hearing. Supervision ends automatically when a young person reaches 18 years old.
Can a review take place before a year has passed?
At a Review Hearing, the Panel Members will discuss with you and your child, progress made during the period of the Supervision Requirement. They will also consider any reports provided.
At a review, the Hearing may decide that:
The Supervision Requirement should remain in place for a further period of time. The Hearing will then continue the Requirement.
Different measures of supervision may now be more helpful for your child. For example, if your child has been living away from home, it may now be decided that he/she should return home under the supervision of a social worker. The Hearing will then vary the Supervision Requirement.
Can I appeal?
You, and your child, have the right to appeal to the Sheriff against the decision of the Children’s Hearing.
You or your child may wish to consult a lawyer about an appeal.
In appealing, you have to satisfy the Sheriff that the Children’s Hearing was not justified in making the Supervision Requirement.
A Safeguarder who may be appointed to your child’s case also has the right to appeal against the decision, and does so on behalf of the child.
Any appeal should be in writing to the Sheriff at the relevant Sheriff Court, and must be made within three weeks of the Hearing’s decision.
At the appeal, the Sheriff will hear what you have to say and he/she will also hear from the Reporter, and possibly your child. The Sheriff may speak to the people who prepared the reports about your child for the Hearing if he/she thinks that would be useful.
If the Sheriff allows your appeal, there are a number of options:
- He/She can discharge your child’s case altogether.
- Send it back to a Hearing for reconsideration.
- Make a Supervision Requirement which is different from the one which the Hearing had decided upon.
- If your appeal fails, the Supervision Requirement made by the Hearing will continue unchanged.