Information for Teachers and Education Support Staff

Children and young people are referred to the Reporter from a number of sources, including police, social work, health and education.

They are referred because some aspect of their life is giving cause for concern. Most children and young people are referred on care and protection grounds. Only a small number are referred on offence grounds.

Some examples of grounds are; lack of parental care, victim of a Schedule 1 offence (offences committed against the child), bad associations or moral danger, beyond control of any relevant person, for misusing drugs or alcohol and allegedly committing an offence. Children and young people can also be referred for not attending school. (View Section 52 (2) of the Children (Scotland) Act 1995.)

Some of these grounds are written in legal terms which you may not be familiar with, but they generally cover situations where you have concerns for any aspect of the child’s welfare.

You might not realise, but anyone can make a referral, including concerned relatives or neighbours, and we do get referrals from teachers. In some areas of Scotland there is a multi-agency approach to referrals and there may be protocols already in existence in your area.

If you want to make a referral about a child in your class or school, all you need to do is write to the Reporter detailing your concerns. Details for local Reporter offices are available in the Contact Us section of our website.

The Hearing (sometimes known as the Panel) consists of three Panel Members, all trained volunteers from the local community. If the legal reasons for the child’s referral are accepted by the child and family, the Hearing listens to the child’s circumstances and then decides what measures are required. The child may require a particular type of treatment or intervention, they may be placed with foster carers, a residential unit or in secure accommodation.

The most likely outcome will be that the Hearing may decide that the child should remain at home with support from other agencies, such as social work.

The Hearing is organised by the Children’s Reporter, who also attends the Hearing, but they do not take any part if the decision making. The decisions are taken by the three Panel Members. The Reporter is present to  support fair and legal process and to fulfil a statutory function, the main one being to keep a report of the proceedings.

Teachers routinely attend Children’s Hearings to provide information about children in their class or their school. The information provided by teachers and others at the Hearing, will help Panel Members make the right decision for the child or young person. The Hearings System aims to ensure that the best interests of the child are met, and that they receive the most appropriate intervention and support.

Your independent input is very important, based on your knowledge of the child and from seeing the child in class or school each day.

You may be asked to attend future Hearings to provide up to date information on the child’s progress, for example, if they are on Supervision or a Place of Safety Warrant.