Section 77 Power to exclude relevant person's representative from children's hearingI1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 77(1) substituted by Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 45(3)(a)
s. 77(2) word substituted by Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 45(3)(b)(i)
s. 77(2)(a)(b) and words inserted by Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 45(3)(b)(ii)
s. 77(4) inserted by Children (Care, Care Experience and Services Planning) (Scotland) Act 2026 s. 45(3)(c)

(1)

This section applies where a children's hearing is satisfied that the presence at the hearing of a representative of a relevant person in relation to the child—

(a)

is preventing the hearing from obtaining the views of the child, or

(b)

is causing, or is likely to cause, significant distress to the child.

(2)

The children's hearing may exclude the representative from the children's hearing for as long as is necessary.

(3)

After the exclusion has ended, the chairing member of the children's hearing must explain to the representative what has taken place in the representative's absence.

Annotations

Commencement

I1: S. 77 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3