Parents & Carers

The Children’s Reporter is the first contact a child or family will have with the Children’s Hearings System. They will investigate your child’s case by getting information about your child from a number of sources – they might speak to a social worker if your child has one, or their teacher. You can also provide the Children’s Reporter with information about your child.  After that the Reporter will decide if your child has to attend a Children’s Hearing.

A referral is information received by the Children's Reporter from anybody about a child or young person who may be in need of compulsory measures of supervision (legal intervention) to help them address their needs and/or behaviour. Most of the information about children and young people is received from the police, social work departments or schools. However, parents, family members, carers or any concerned member of the public can contact the Children's Reporter if they have concerns about a young person and their circumstances.

A Children's Hearing is a legal meeting arranged to consider and make decisions about children and young people who are having problems in their lives and who may need legal steps to be taken to help them. Children's Hearings are held in private and only those people who have a legal right to be there, or are allowed to be there by the chairperson, will be present.

• Your child, unless the Hearing has agreed that they do not need to attend,
• The people who look after your child,
• Three Panel Members who will make the decisions.  These are trained volunteers who want to make the best decisions to help vulnerable children and young people,
• The Children’s Reporter who will record what has been decided,
• A social worker,
• There may be a person called a Safeguarder – they are there to help the panel make the right decisions for the child.

If your child wants to they can bring someone along like a family friend or teacher.

If you are a relevant person you can bring someone along as a representative to assist you.

Each Hearing comprises of three Panel Members – all trained volunteers from the local community. The child and their family or carers are central participants in the Hearing. The role of the Reporter is to attend the Hearing to support fair process. The Reporter takes no part in the Panel Members’ deliberations.

The Panel Members will listen to everyone and consider all the information The Hearing will then make a decision and the Panel Members must give reasons for their decision. Both the child and their carer(s) will be sent a copy of the decision and reasons for the decision in writing.

• The Hearing can decide that formal, compulsory supervision measures are not required and discharge the case,
• The Panel Members can decide that they need more information to help them make a decision about what is best and they can continue the hearing until a later date,
• The Hearing can decide to issue a warrant to keep the child in a safe place for up to three weeks, until the next Hearing but only if this is necessary,
• The Hearing can decide that compulsory measures of supervision are needed to help the child, and can make a Supervision Requirement.

A Supervision Requirement can be made at a Children's Hearing. It can contain conditions stating where the child is to live and other conditions with which they must comply.

The local authority is responsible for making sure that what is stated in the Supervision Requirement is happening, and that the child is getting the help that they need. A Supervision Requirement has no set time limit, but should last only as long as is necessary. It must be reviewed by a Children's Hearing at least once a year when it can be continued, varied or stopped.

If you are a relevant person (a relevant person is a legal term for those persons who have a legal right and duty to attend and take part in a Children's Hearing) you can appeal to the Sheriff against the decision of the Hearing. This appeal must be made within three weeks, beginning with the date of the decision of the Hearing.

If you do not agree with the decision of the Hearing you should consider taking legal advice before deciding whether to appeal. You are a relevant person if you fall within one of the categories below:

• You are a parent of the child and have parental rights and responsibilities,
• You are a person in whom parental responsibilities or rights have been vested by the Children (Scotland) Act 1995,
• You are a person who ordinarily has charge or control over the child.

Please note: not all parents have parental rights and responsibilities. If you are unsure whether you are a relevant person or not you should seek legal advice.