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Changes to Panel Member practice - Coronavirus (Scotland) Act 2020

The UK and Scottish governments have passed legislation authorising major restrictions on public movement and changes to how public services operate in order to deal with the coronavirus pandemic. On 7th April the Coronavirus (Scotland) Act 2020 (“the 2020 Act”) comes into force. New emergency powers in the Act are designed to make best use of limited staff and resources in the hearings system and in local authorities, and to enable children’s hearings to continue to take place safely and securely during this period of reduced numbers of Panel Members, Children’s Reporters and court staff. The need for these powers will be reviewed by the Scottish Parliament every six months. Read full Government guidance here.

The use of these emergency powers should:

  • take account of children and young people’s, and families’ human rights;
  • be limited to the extent necessary, in response to clearly identified circumstances;  
  • last for only as long as required;  
  • be subject to regular monitoring and reviewed at the earliest opportunity;   
  • facilitate effective participation, including legal representation and advocacy for children, young people and family members, wherever possible and appropriate, and
  • be carried out in partnership with SCRA and other partners in the hearings system. 

Appeal Against

Time in which to appeal

  •   Make, Vary, Continue, Continue and Vary or   Terminate a CSO

 

  •   Discharge a referral

42 days

  •   Make a CSO with secure authorisation or a   movement restriction condition

 

  •   Make an Interim Compulsory Supervision Order   (ICSO)

 

  •   Make an interim variation of the CSO

 

  •   Make a Medical Examination Order

 

  •   Issue a warrant to secure attendance

42 days – the   Sheriff must decide on the appeal within 7 days although the order will no   longer lapse if this is not possibl