Commentary on Sections Part 16 – Children’s Hearings Section 82 – Safeguarders: exceptions to duty to prepare report on appointment
254.This section amends section 33 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which deals with the functions of safeguarders. Section 33(1) of the 2011 Act requires any safeguarder appointed by a children’s hearing by virtue of section 30, on appointment, to prepare a report for the hearing. Following amendment, section 33 of the 2011 Act will provide that a report does not require to be prepared by a safeguarder if the children’s hearing is arranged under any of the following sections of the 2011 Act: section 45 (review by children’s hearing where child in place of safety), section 46 (review by children’s hearing where order prevents removal of child), section 50 (children’s hearing to provide advice to sheriff in relation to application), section 96 (children’s hearing to consider need for further interim compulsory supervision order), section 126 (review of contact direction), or section 158 (compulsory supervision order: suspension pending appeal).