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Question reference: S6W-39897

Asked by: Ash Regan, MSP for Edinburgh Eastern, Alba Party
Date lodged: Friday, 15 August 2025
Current Status: Answered by Natalie Don-Innes on 3 September 2025

To ask the Scottish Government, in light of its public appointments guide, which states that “terms of appointment vary from role to role and are usually between one and five years” and that “the total period of appointment in one role on one board may not exceed eight years”, for what reason a member of the Children’s Hearings Scotland (CHS) Board, appointed on 1 July 2017, has reportedly had their term extended until 30 September 2025, in apparent breach of this guidance; what action is being taken in response to any such non-compliance by CHS with this appointments policy, and on what grounds the decision was made to exceed the maximum term permitted.

Under the Children’s Hearings (Scotland) Act 2011, board members of Children’s Hearings Scotland are appointed through a public appointments process regulated by the Ethical Standards Commissioner (ESC). Appointments are typically made for a standard term of up to four years, with the possibility of reappointment for up to four more years. Where the legislation governing the body allows, and the ESC and the appointing minister are content, short-term extensions beyond the 8 years, such as the one specified here, can also be granted in exceptional circumstances. This is highlighted in The Code of Practice, under Section H.2:

In exceptional circumstances, the Scottish Ministers may make appropriate appointments (including reappointments or extensions), with the agreement of the Commissioner, to ensure the effective continuing governance of boards.

Due to a delay in the appointment process for new board members, an existing member of the Board had their appointment extended. This process was managed by the Scottish Government, with the agreement of CHS.

The news release announcing this extension states that it was regulated by the Ethical Standards Commissioner, and can be accessed publicly here: https://www.gov.scot/publications/public-appointment-member-appointment-extended-on-the-childrens-hearings-scotland-board/

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Question reference: S6W-39897

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