Independent experts attending and participating at children’s hearings under the 2011 Act

We are sometimes asked for increases in authorised expenditure where ABWOR is in place to allow expert witnesses/report writers to attend children’s hearings. While each case will be determined on its own facts and circumstances it is unlikely that we will, routinely, grant an increase for such attendance even where an increase has been granted to obtain an independent report

This is because:

  • Experts very rarely attend hearings as this is not usually considered appropriate and necessary.
  • A children’s panel hearing is not a court hearing.  It should be non-adversarial and non-legalistic to encourage effective participation of the child and all other relevant persons.
  • It is not the function of a children’s hearing to decide on disputed issues of facts.  The role of the hearing, as confirmed in the Opinion of the Sheriff Appeal Court in NR V Roma Bruce-Davies, SCRA 2018 SAC (Civ) 13, is to act to safeguard and promote the welfare of the child.
  • It is always open to panel members to defer the hearing or seek an early review hearing, if they wish to hear from someone who could help them in making a decision on the Compulsory Supervision Order in place for a particular child.

 

Independent Reports and Assessments for children’s hearings under the 2011 Act
Increase requests by Curators ad litem

In this section

Increases in authorised expenditure

When increases in children’s cases are required: different types of children’s hearings and court hearings

This page provides information on when increases in children’s cases are needed. It covers when increases may be needed in: an initial Children’s Hearing; at a criminal advice hearing; at an adoption advice hearing; in relation to Child Protection Orders and related hearings and Part 4 orders under the Age of Criminal Responsibility (Scotland) Act 2019. The sections set out the levels of increase generally available and the circumstances in which they may be needed.

Increases in authorised expenditure

Appeals against decisions of children’s hearing

Find out what increase may be available for appeals against decisions of children’s hearing, what it will cover and the relationship to children’s legal aid.

Increases in authorised expenditure

Appeals to the Sheriff Appeal Court and/or Court of Session

Find out what increase may be available for appeals to Sheriff Appeal Court or Court of Session, what it will cover & the relationship to children’s legal aid.

Increases in authorised expenditure

Increases for employment of counsel

This page provides information on increases for the use of counsel within children’s A&A or ABWOR. It covers the limited scenarios in which the use of counsel under A&A is likely to be permitted (Opinions and consultations); the factors SLAB considers when assessing increase requests for counsel’s Opinion (including for appeals); the use of senior counsel; whether an increase is available for counsel to draft court documents; and the use of counsel in ABWOR cases.

Increases in authorised expenditure

Independent Reports and Assessments for children’s hearings under the 2011 Act

Find out about the availability of increases for independent reports or assessments for a children’s hearing, how we assess theses requests.

Increases in authorised expenditure

Increase requests by Curators ad litem

Read about the range of work that can be covered by an increase to a curator ad litem, when acting in their dual capacity as a solicitor.

Increases in authorised expenditure

The availability of increases for attending Social Work case conferences, Child in Care Reviews, adoption matching panels and other such meetings

Find out about increases for attending Social Work Case Conferences, Child in Care Reviews, Adoption matching panels etc, and our assessment of these.

Increases in authorised expenditure

The availability of increases for pre-Hearing visits

Read about our position on increases for attending a pre-hearing visit with your client and its rationale.