Commentary on Provisions Part 1 – children’s hearings system Section 2 – children’s hearing: duty to have due regard to effects of trauma on child
18.Section 2(2) inserts new section 7A into the 2011 Act. It places a duty on a children’s hearing, when carrying out its functions, to have due regard to the need to treat the child to whom the hearing relates in a trauma-informed way. The duty applies also to a pre-hearing panel.(7) Section 7A further requires the National Convener, so far as practicable, to ensure that children’s hearings and pre-hearing panels comply with this duty.
19.Section 2(4) supplements the National Convener’s new duty by extending its training-related functions as set out in paragraph 3(3) of schedule 2 of the 2011 Act. As a result, when training (or making arrangements for the training of) panel members, the National Convener must have regard to the need to provide training on how panel members may treat the child to whom a children’s hearing relates in a trauma-informed way.
20.In addition, section 2(3) extends the Scottish Ministers’ power under section 177(1) of the 2011 Act to make procedural rules for children’s hearings.(8) It enables them to make rules about treating the child to whom a children’s hearing relates in a trauma-informed way.