Introduction to the Children’s Hearings System and the Role of the Reporter

Aims
This presentation will

• Explain the origins of the Children’s Hearings System and how it works
• Outline the principles and culture that underpin the system
• Explain what making a referral to the reporter means and who can make a referral
• Let you know how children and families participate in the Hearings System
• Explain the roles of the professionals and volunteers who may be involved in the Hearings System
• And signpost you to additional resources

Origins of the system
The Children’s Hearings System and the role of the reporter was created in response to the findings of a committee commissioned by the government in 1961.

Their remit was to look at the provisions of the law in Scotland aimed at the treatment of, in the language of the time, juvenile delinquents and juveniles in need of care or protection or beyond parental control.

The Kilbrandon report was published in 1964 and made wide-ranging and quite radical proposals aimed at tackling issues around youth care and protection and removing children from prosecution in the criminal courts.

Recommendations of the Kilbrandon Report
The main recommendations from the report were as follows:

1. A child who is committing offences or who is in need of care and protection should be dealt with in an integrated, welfare-based system.
2. That there should be a separation of functions between the court for disputed facts and the  tribunal treatment of the child.
3. That the tribunal should listen to and involve parents as their engagement is essential to making effective decisions about their child or children
4. The welfare of the child was to be considered as paramount and with an emphasis on social education
5. The panel should be made up of lay people from the child’s local community to decide on treatment
6. That referral to the panel to be the sole responsibility of an independent official called the Children’s Reporter

The Children’s Hearings System came into existence in 1971.

The Children’s Hearings System is in place all over Scotland.  It relies on a number of agencies and organisations who play different roles in making the system work.  The system operates in the same way for children who are in need of care and protection and those who are or may be in conflict with the law.

Principles
There are 3 key principles that Reporters, Panel Members and Courts have to consider when they are making decisions about children:

• Welfare of the Child is Paramount, the system operates in the same way for children who are in need of care and protection and those who are or may be in conflict with the law.  The welfare of the child is  the highest priority and this is the primary focus in decision making.
• The Views of The Child are integral to the system and we have specific obligations under ECHR and UNCRC to ensure that the views of the child are taken into consideration.  This is achieved through  supporting effective participation.
• Minimum Intervention means that no order should be made unless it is better for the child than not making an order.

Getting it Right for Every Child (GIRFEC)
Getting it Right for Every Child or GIRFEC is the framework that we follow in Scotland.  It is the government’s commitment to provide all children, young people and their families with the right support, at the right time so that every child and young person in Scotland can reach their full potential.

Some of the core principles and values are:

1. Working together with families to enable a rights respecting, strengths based, inclusive approach.
2. Understanding that wellbeing is about all areas of life including family, community and society.
3. Valuing difference and ensuring everyone is treated fairly.
4. Considering and addressing inequalities.
5. And for everyone working together  across Scotland to improve outcomes for children, young people and their families.

Children’s Hearings are an important part of the GIRFEC model. Reporters work collaboratively with partners to support and facilitate the GIRFEC agenda.

The Children’s Reporter has a number of roles.  They receive and investigate referrals for children and young people.

Reporters decide if a Children’s Hearing is required. They draft grounds of referral, they also identify who should attend Children’s Hearings.   Then they arrange Children’s Hearings.

Reporters provide administration for the Hearing by scheduling, notifying and providing Hearing Information Packs.

Reporters are responsible for keeping a record of the decisions that panel members make in the Hearing. They support fair process within the Hearing.  Reporters also conduct court proceedings.

There’s also lots more information about the role of the children’s reporter on our website.

Who is a child?
In the Children’s Hearings System, what is the definition of a child?

The system currently deals with referrals for children from birth to their 16^th birthday, but there are some specific circumstances where a 16 or a  17 year old can be referred. These circumstances are  if a child is on a CSO when they reach their 16^th birthday  or there is an open investigation by the children’s reporter

They would remain under the definition of a child until the CSO is terminated or the investigation is closed.  Once a child is subject to a compulsory order they can remain on that order until their 18th birthday.

There are changes due which will mean that all children can be referred until they reach their 18^th birthday. These changes are likely to come into effect in 2026.

Who can make a referral?
Anyone can make a referral to the Children’s Reporter.  However the Police and local authorities have a duty to make a referral where the referral criteria are met.

The criteria for making a referral
The criteria for making a referral are as follows:

First, the child is in need of protection guidance, treatment or control;

AND secondly it might be necessary for a Compulsory Supervision Order to be made in relation to the child. The Local Authority and Police Scotland must refer a child when these criteria apply. Any other person may do so. You should consider these tests before making a referral to the reporter.

You can learn more about making a referral to the children’s reporter by reading the guidance from the Children’s Hearings Improvement Partnership.

Decision Making by Reporter
Once a referral is made, the reporter can investigate by requesting information and assessments from other agencies.  The Reporter can make three decisions:

1. They can take no further action.
2. They can refer to the local authority for voluntary support.
3. They can refer to a hearing.

In order to refer a  child to a Hearing, the reporter must be satisfied that:

• there is evidence for one of the grounds in s67 of the Children’s Hearing (Scotland) Act 2011
• and that it is necessary for a compulsory order to be made.

A Children’s Hearing is a legal tribunal. It brings together the child, their family, and key people in their life to make decisions about whether compulsory measures are needed to support the child.

The voice and participation of the child and their family are central to the Hearing.  Professionals will submit information and assessments in advance of Hearings and these will be shared with the child and family.

The child and family can submit their views in advance also.  These will all inform the decision making of the panel members.

The panel members read information in advance and hear from the participants at the hearing. It is the panel members who will decide if a compulsory supervision order needs to be made.

The Grounds Hearing
The first Children’s Hearing for a child is called a Grounds Hearing. This Hearing will have a Statement of Grounds prepared by the Children’s Reporter which sets out the reasons why a Hearing is needed.

At the grounds Hearing, the Statement of Grounds is read out to the relevant persons and, where the child is old enough, the child. They are then asked if they accept the statements or not.  If this statement is not accepted, or not understood, by the child or a relevant person, then the panel can refer the matter to the Court.

The Sheriff will decide if the Statement of Grounds is correct. This may involve the Sheriff hearing evidence. When the Sheriff determines grounds are factually correct, they will ‘establish’ the grounds and direct that another Children’s Hearing be arranged.

There can be interim orders put in place whilst this process is ongoing to keep the child safe.

Decisions by the Children’s Hearing
When the Statement of Grounds is either accepted or established, the children’s panel can go on to have a full discussion about the child’s circumstances and if they feel it is necessary, they can make a compulsory supervision order.

When making a CSO, the panel members will state any measures to be included on the order – they may regulate where the child lives, the child’s contact with individuals  or specific supports the child must receive.

There are many different types of measures that can be included. For example:

• measures may regulate where the child lives,
• the child’s contact with individuals
• or set out the specific supports a local authority is to provide to the child.

A CSO can last for a maximum of 12 months.

After a Compulsory Supervision Order is made, review Hearings will take place when the order is going to expire, when changes are needed or to consider if the order is no longer required.

Who supports the child at a Hearing?
Here are the people who play a role in the Children’s Hearing:

• The child and their family
• Reporter
• Safeguarder
• Panel Members
• Legal Representatives
• Social Worker, Health Worker and Educator

Child voice:  ‘I am the most important person in my children’s hearing.  I need to be supported in my Hearing to make sure my voice and my views are heard.  This will help the panel members make the right decision for me’.

The child is at the centre of the Hearing.  Their voice and participation are crucial in helping panel members make decisions that are in their best interest. Participation can be supported in a variety of ways and by different individuals.  For example:

Ensuring the time and date of the Hearing suit the child’s needs, providing supportive materials to help them prepare, and offering the opportunity for a pre-Hearing visit.

The participation of the child’s family and other people who have right to attend is also important.

Panel Members
Panel Members are the decision-makers in the Hearing.  They are trained volunteers.  They are monitored regularly.  Their core values and principles are contained in the National Standards for the Children’s Panel.

Panel Members decide at a Children’s Hearing whether a compulsory supervision order is needed, if it should be continued and if so what measures of support a child needs from their local authority.

Reporter
The Reporter’s role involves:

• Receiving referrals for children and young people who are believed to require compulsory measures of supervision
• Deciding whether the child or young person needs to be referred to a Hearing, usually following an investigation
• Drafting a statement of grounds for those children who the reporter has decided to refer to a hearing
• Providing administration to Children’s Hearings and keeping a record of proceedings at Hearings
• Maintaining the independence of Hearings and supporting fair process
• And conducting Children’s Hearings court proceedings.

The local authority is responsible for implementing the terms of any Compulsory Supervision Order made by panel members at a children’s hearing.

Social Workers
Social workers play a key role in supporting children and families whilst giving effect to the order:

• Social workers work with families and set up care plans
• They prepare reports for children’s hearings
• They make evidence-based assessments about children’s needs
• They can request reviews of compulsory supervision orders
• And they make recommendations to panel members at hearings

Legal Representatives
Children and other people with the right to attend Children’s Hearings can instruct a solicitor to attend the Hearing with them.

Only solicitors who are registered and agree to work within a special Code of Conduct, are able to obtain legal aid funding for this.  The Code of Conduct ensures that the participation of solicitors is compatible with the children’s hearing system.

Safeguarders
A Safeguarder may be appointed by a Hearing or at court.

Their role is to safeguard the interests of the child.  This can be when there is a high level of disagreement between participants and the Hearing requires more information from an independent source.

They provide a report with a recommendation following their investigations to help the panel members reach a decision in the best interest of the child.

Safeguarders are governed by the national Panel of Safeguarders maintained by Children 1st on behalf of the Scottish Government.

Advocacy Workers
Advocacy workers are there to put forward the views of the child and NOT their own views about what should happen.

Advocacy services are available across all local authority areas in Scotland for children attending Children’s Hearings. This is an opt-in service.

Advocacy services should be discussed with the child at the earliest opportunity. This allows for the child and advocate to meet before a hearing takes place. The child is supported in preparation for the Hearing and this ensures effective consideration of the child’s views within the Hearing. Early engagement of an advocacy worker is important  to prevent delay at the Hearing.

Advocacy providers adhere to a National Practice Model.

Health, Education and others
There are circumstances where others may attend a Hearing.

Those with no automatic right to attend may be invited into a Hearing where it is considered necessary by the chair, to help the panel members make  informed decisions.

This could include professionals such as  teachers, health visitors, and other health professionals, who may also provide reports to support decision-making at the Children’s Hearing.

SCRA has offices across Scotland.  You can contact your local SCRA teams by visiting the contact us or office location section of our website.

Thank you for completing this learning module.