Practice Instruction 5.12

CHILDREN (SCOTLAND) ACT 1995PRACTICE INSTRUCTION5.12 MAKING SUPERVISION REQUIREMENTS AND SETTINGREVIEWSSECTION70A children’s hearing has a discretionary power to make asupervision requirement where they consider that the child is inneed of compulsory measures of supervision. Even where theyare satisfied that the child is in said need, they are not obliged tomake a supervision requirement.There is no technical distinction between non-residential andresidential supervision requirements.A supervision requirement may require a child to reside at aspecified place or places and have conditions attached to it. Thespecific conditions referred to in the 1995 Act are in relation tocontact, or medical or other examination or treatment in relationto the child, although conditions are not restricted to theseparticular areas. Any condition attached to a supervisionrequirement must satisfy the principles laid down within section16 of the Act.Section70(1)Section70(3) + (5),16(1), 16(2),16(3)5.12.1 Contact with child, conditions of residence and nondisclosureof place of residenceA hearing is obliged to consider whether to attach a conditionrelating to contact between the child and any specified personsor class of persons. Reporters must bring this to the notice ofhearings.A place of residence specified within a supervision requirementmay be in England or Wales and this applies in relation torequirements with a secure condition. It is counsel’s opinionthat a condition of residence outwith Scotland, England or Walesis incompetent.Section70(2)Section70(4) 70(9)AMENDED by Practice Guidance Note 36 – 12/01/20095.12.2 Fostering of Children (Scotland) Regulations 1996A supervision requirement cannot be made by a hearingrequiring the child to reside at any specified place or placesunder the control of someone who is not a relevant person,unless they have received and considered a report from the localauthority on the child and his social background which includes:-Rule 20(6)Children’sHearings(Scotland)Rules 19961) recommendations from that local authority on the needs ofthe child;AND2) information relative to the suitability to meet those needs, ofthe place or places in which the child is to reside by virtue ofNOVEMBER 2000 94

CHILDREN (SCOTLAND) ACT 1995PRACTICE INSTRUCTIONthe supervision requirement, and of the person or personswho are to have charge of or control over the childAND3) the local authority have confirmed to the hearing that theyhave carried out the procedures and gathered informationdetailed in Regulation 15 of the Fostering of Children(Scotland) Regulations 1996This provision does not apply to all supervision requirementsbecause rule 20(6) does not extend to residentialestablishments. The provision would also not normally extend tosituations where the child is not under the charge or control of aparticular person e.g., a child staying with a supported landlady.Fostering ofChildren(Scotland)Regulations19965.12.3 Hearing Determining Timing of Review Section70(7)A hearing may determine when a supervision requirement is tobe reviewed. A direction from a hearing that a supervisionrequirement is to be reviewed must not be included as acondition on the supervision requirement or instrumentcontinuing or varying a previous requirement. The decision todirect a review should be recorded in the report of proceedingsand should be supported by clear reasons in the reasons fordecision section. If a review of the supervision requirementtakes place before the expiry of the time period set by the earlierhearing, the hearing’s direction should be considered to havebeen complied with and reporters shall no longer be required tofulfil, in this respect, his/her statutory duty in terms ofs.73(8)(a)(iii) of the 1995 Act.SECOND PARAGRAPH DELETED AS NO LONGERAPPROPRIATE – PG REVIEWNOVEMBER 2000 95