L.M. & J.H. v. THE AUTHORITY REPORTER

The Sheriff Principal, having resumed consideration of the cause, Answers questions 1, 4, 5 and 7 in the stated case for the appellant LM in the negative; Answers questions 1 to 6 in the stated case for the appellant JH in the negative and Answers question 7 thereof in the affirmative; Remits the case to the sheriff to proceed as accords.

[3] Put shortly the submissions made on behalf of the mother were that the Children's Hearing ought not to have placed reliance upon the sexualised behaviour which had been observed nor upon the historical allegations, which one finds in the papers which had been before the Hearing, with regard to sexual abuse of another of the children of the mother appellant.

[4] Mr Ewing, solicitor-advocate, on behalf of the mother, acknowledged that in terms of Section 69(1) of the Act the Hearing was entitled to take into account information contained in any report obtained under the Act and any other relevant information available. Section 69(1) is in the following terms:-

"Where the grounds of referral of the child's case stated by the Principal Reporter are accepted or are established in accordance with section 68 or section 85 of this Act, the Children's Hearing shall consider those grounds, any report obtained under section 56(7) of this Act and any other relevant information available to them and shall -

(a) continue the case to a subsequent hearing in accordance with subsection (2) below;