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A referral is when information about a child is sent by the police, social work department or a school to the Children's Reporter, because they think that the child needs help to sort out some of the problems in their life.
There are lots of different reasons why a child might be referred – these are called the ‘grounds of referral’. These are:
- If they are having problems with going to school,
- If they have been in trouble with the police,
- If people are worried that they are not being properly looked after at home,
- If people are worried about their safety.
The Reporter might then ask for some more information about you from your school or from social work. Once they get this information they will decide if you need to go to a Hearing. The Reporter will write to you again to let you know what they decide.
- They can decide to arrange a Children's Hearing.
- They may decide that you don't need help from the Children's Panel because you are managing to sort your problems out with help from your family.
- Or they may decide that you need some help from somebody else like your local council.
You have been asked to go to a Hearing because the Children’s Reporter has decided that this is the best way to help you. The Children’s Reporter will write to you and the people who look after you to tell you when and where the Children’s Hearing will be. The Children’s Reporter will also tell you why you are going to a Children’s Hearing.
Children are asked to go to a Children’s Hearing for lots of reasons, for example:
- If you are having problems with going to school,
- If you have been in trouble with the police,
- If people are worried that you are not being properly looked after at home,
- If people are worried about your safety.
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Yes, unless the Children’s Reporter has told you that you do not have to go. The Children’s Hearing is about you. It is important that you are there to let the people at the Children’s Hearing know what you think.
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Generally speaking, children over the age of 12 years automatically receive the same reports as the Panel Members and your parents or carers. Children between eight and 12 years may receive the reports, if they wish to see them.
If you are about to go to a Hearing and have not yet received any information, please contact your local Children's Reporter office or email inforequest@scra.gsi.gov.uk
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- You, unless you have been told by the Children’s Reporter that you do not need to be there,
- The people who look after you,
- Three people called Panel Members who will decide what to do next,
- The Children’s Reporter who will write down what has been decided,
- A social worker,
- There may be a person called a Safeguarder – they are there to help the Panel Members make the right decisions for you.
If you want to, you can bring someone along like a friend or your teacher. They can help you talk to the Panel Members.
You are the most important person at a Children’s Hearing. Sometimes the Panel Members can ask some people to leave the Children’s Hearing if this would help you.
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Children’s Hearings can be in different kinds of buildings. Usually there is a waiting room and you can bring a game or a book to use when you are in the waiting room. Then you go into the Children’s Hearing room and meet the Panel Members.
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Most Hearings should take less than an hour - that is about the same time as your lunch break at school. Sometimes Hearings last longer than expected and you may have to wait a while for your Hearing to start. If you miss some school, then that’s OK. You are allowed to miss school to go to a Children’s Hearing.
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Remember that you will be the most important person there. The Panel Members will tell you why you have been asked to come to the Children’s Hearing. The Panel Members will tell you who everyone is and what their names are. Everyone will get a chance to speak. But people will be really interested in the things you want to say.
Then the Panel Members will decide how best to help you. This might mean that there are changes for you at home or at school.
If you have something you would like to say at your Hearing, please complete the All About Me form. Your parents or carers can help you to fill out the form if you need some help. You can either send it back to the Children’s Reporter who wrote to you about your Hearing, or you can bring it with you to the Hearing.
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If you do not agree with the reasons for the Hearing, or if you can’t understand them, perhaps because you are too young, or because they are complicated, the Panel Members can’t make a final decision. The Panel Members might ask the Reporter to send the case to a Sheriff Court so that a Sheriff can decide if the reasons are correct.
In Scotland a Sheriff is a judge in a court. The Sheriff will listen to what is said about the reasons.
If the Sheriff decides that the reasons are correct, then the matter will be sent back to another Children’s Hearing.
They will then decide what would be the best way of giving you whatever help or support they think that you or your family need. If the Sheriff decides they are not correct, then there won’t be another Children’s Hearing about the matter.
Do I have to go to court?
Children have the right to attend. The Sheriff may decide you do not have to go as it might make you upset, or you might be too young to understand. If you do need to attend, courts do everything they can to make children feel at ease.
Need some help?
Going to court can seem worrying and complicated, so you should talk to someone about it.
You can take someone like a friend, parent, a teacher or a social worker with you or you can ask a solicitor/lawyer to go with you. They can also tell you about what will happen at court and try to answer any questions you have about it.
You can also talk to the Children’s Reporter who is dealing with your case. Their name and contact details will be on the letter which was sent to you asking you to come to your Hearing.
Being a Witness (939 kb)
