Application under the Children’s Hearings (Scotland) Act 2011 by the Principal Reporter in respect of the Child Z [2017] SC GLA 3 (Glasgow Sheriff Court, 17 January 2017)

Background: A baby habitually resident in Poland was made the subject of a child protection order on arrival in Scotland. Reporter made application to Sheriff under ss93(2)(a) and 94(2)(a) of the Children’s Hearings (Scotland) Act 2011.

Held: The application was deemed incompetent, since it did not fall within scope of article 20(1) of the relevant European Council Regulation. Specifically, the application did not constitute such provisional measures as are “available” under Scots domestic law, because the law required the proceedings to be presented to the court within whose jurisdiction the child is habitually resident. The court stated:

“…the absolute maximum period during which the child Z could lawfully be kept in local authority care under provisional measures taken by Scottish courts is the aggregate of 8 working days (under a child protection order) plus up to 66 days under consecutive interim compulsory supervision orders made by a children’s hearing (section 96(4), 2011 Act).” [140]

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