Grounds for Arranging a Children’s Hearing

The full list of reasons for arranging a Children’s Hearing is in the Children’s Hearing’s (Scotland) Act 2011. They are in section 67(2) of the Act and are called ‘grounds’. There are 17 of them.

If the Children’s Reporter decides to arrange a Children’s Hearing for a child or young person, the Reporter must write a ‘statement of grounds’. This states the ground that the reporter believes applies to the child or young person. It also states the facts on which their belief is based. The Reporter can include more than one ground.

The statement of grounds is not the only information that the children’s hearing will have. Other reports and information should include information about things that are going well for the child or young person.

The grounds in the Act refer to ‘the child’. This means the child or young person who has been referred to the Children’s Reporter.

Here is the full list of grounds in the Act. Some of the words used might be difficult to understand. If you are unsure what any of the words or phrases mean, please get someone to help you.

(a) the child is likely to suffer unnecessarily, or the health or development of the child is likely to be seriously impaired, due to a lack of parental care,

(b) a schedule 1 offence has been committed in respect of the child,

(c) the child has, or is likely to have, a close connection with a person who has committed a schedule 1 offence,

(d) the child is, or is likely to become, a member of the same household as a child in respect of whom a schedule 1 offence has been committed,

(e) the child is being, or is likely to be, exposed to persons whose conduct is (or has been) such that it is likely that—

(i) the child will be abused or harmed, or

(ii) the child’s health, safety or development will be seriously adversely affected,

(f) the child has, or is likely to have, a close connection with a person who has carried out domestic abuse,

(g) the child has, or is likely to have, a close connection with a person who has committed an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009,

(h) the child is being provided with accommodation by a local authority under section 25 of the 1995 Act and special measures are needed to support the child,

(i) a permanence order is in force in respect of the child and special measures are needed to support the child,

(j) the child has committed an offence,

(k) the child has misused alcohol,

(l) the child has misused a drug (whether or not a controlled drug),

(m) the child’s conduct has had, or is likely to have, a serious adverse effect on the health, safety or development of the child or another person,

(n) the child is beyond the control of a relevant person,

(o) the child has failed without reasonable excuse to attend regularly at school,

(p) the child—

(i) has been, is being, or is likely to be, subjected to physical, emotional or other pressure to enter into a civil partnership, or

(ii) is, or is likely to become, a member of the same household as such a child.

(q) the child—

(i) has been, is being or is likely to be forced into a marriage (that expression being construed in accordance with section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)) or,

(ii) is, or is likely to become, a member of the same household as such a child.

Some of the grounds refer to a ‘schedule one offence’.  This means an offence in Schedule 1 to the Criminal Procedure (Scotland) Act 1995.

Some of the grounds refer to a ‘close connection’. This means the child is a member of the same household as the person, or has significant contact with the person.

One of the grounds refers to the ‘1995 Act’. This means the Children (Scotland) Act 1995.