Selecting the correct unspecified hearing type

Thursday, Oct 02, 2014

We continue to receive a large number of initial ABWOR applications with the incorrect children’s hearing type selected.

Selecting the wrong unspecified hearing type can lead to delay and double-handling for both you and us as you will require to apply again using the correct unspecified hearing type.

To prevent this happening please refer to the recent Children’s Update on this issue stressing the importance of selecting the correct unspecified hearing type when seeking prior authority from SLAB to provide ABWOR to your client at a children’s hearing. We have prepared some guidance to help when selecting the following hearing types:

Panel Member Reviews

This type of hearing, which requires a fresh application for ABWOR, has now been added to the on-line drop down list. You no longer require to submit this under the category of “other”.

It can be found approximately half way down this list as a “S125 Hearing at the request of panel members”.

Interim Variation of a CSO Hearing

A hearing to consider the interim variation of a Compulsory Supervision Order in terms of S97 or S139 still does not appear on the drop down list. Until this is added you will still require to select “other” for this type of hearing and then insert S97 or S139 as appropriate.

S126 Hearing to review contact direction

We have received a number of applications where a S126 hearing has been selected in error.

A S126 Hearing is a rare type of hearing to review the contact direction on a Compulsory Supervision Order.

It is a hearing triggered specifically by either a right of contact under a separate civil order (e.g. for a Permanence Order) or by an individual claiming that they have significant involvement in the upbringing of the child.

In terms of S126, the Reporter must fix such a hearing within five days and the individual concerned can attend and make representations at this review hearing. We refer to this individual as a “S126 individual” and both ABWOR and legal aid (for any onward appeal to the sheriff court) is available to such a person.

You should not therefore select this hearing type where your client or another person or agency has called a general review of a Compulsory Supervision Order to look at increasing or decreasing a condition of contact on that CSO. Where this occurs, the hearing type will usually be a hearing requested by child, relevant person, panel members or the Implementation Authority ( the SWD).

For more information:

Ann Forbes-Partington, Assistant Manager Civil Legal Assistance, 0131 240 2072

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