Child Protection Procedures - East Ayrshire Council

2.16.12 It is only when allegations are accepted or proved that the Hearing
can proceed to make a decision. The Hearing’s ultimate decision is
whether to discharge the referral or impose compulsory measures of
supervision. This supervision can take a variety of forms i.e. at home
or with foster parents, residential schools etc.
From the time of the initial referral the whole process could take
some weeks. However, where a Sheriff has granted a Child
Protection Order (CPO), the procedure is accelerated. The
Children’s Reporter is still required to assess the evidence and where
this is deemed sufficient the case must be scheduled into a Hearing
within two working days of the CPO being implemented. The
Children’s Reporter has power to liberate the child should
circumstances have changed since the granting of the CPO or
should the evidence be insufficient. The complex chain of events
which takes place once a CPO has been granted is illustrated (Child
Protection Orders Sections 57 – 60. The Children (Scotland) Act
1995).
In addition to arranging the Hearing and providing the three Panel
members with the appropriate papers, notifying the child and relevant
persons/parents of the Hearing and sending the relevant
persons/parents copies of the Hearing reports and documents, the
Children’s Reporter attends the Hearing to record the proceedings
and to advise on any legal or procedural matters.
If the child and the relevant person/parent appeal any Hearing’s
decision, the appeal will be heard in Court and the Children’s
Reporter will present the case in front of the Sheriff, based on the
decision of the Children’s Hearing and the reasons for that decision.
The Children’s Reporter is responsible for arranging reviews of any
supervision requirement made or continued at a Hearing.
2.17 The Procurator Fiscal
2.17.1 The Procurator Fiscal, as the local representative of the Lord
Advocate, is responsible for all criminal prosecutions. The Police
report the details of an offence to the Fiscal who has complete
discretion as to whether or not to prosecute, subject to the general
direction and control of the Crown Office. On receiving information
from the Police, the Fiscal will consider whether or not there appears
to be sufficient evidence to prove an offence, and whether it is in the
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