The Children’s Hearings System in Scotland protects the safety and well-being of children and young people. It also addresses the behaviour of children and young people, including offending.
The Role of the Children’s Reporter in the Children’s Hearing System
Where there is a concern about a child’s well-being or behaviour, that child may be referred to the Children’s Reporter. There can be lots of reasons why a child might be referred. Some examples are: –
- Where there is evidence of or risk of abuse or neglect;
- Where they are not attending school regularly;
- Where there is drug or alcohol abuse;
- Where they have committed an offence.
Often, it is the police, school or social workers that refer a child to the Children’s Reporter, however, family members can also instigate a referral.
It is the role of the Children’s Reporter to investigate and determine whether the child requires compulsory measures of supervision. A compulsory supervision order is granted when it is considered that a child must be involved with the social work department. The order will contain details confirming what a child must do and any steps the social worker must take. Where a compulsory supervision order is necessary, a child will be referred to a Hearing.
‘Statement of Grounds’ – The Reasons for a Children’s Hearing
For a Children’s Hearing to be assigned, there has to be a reason for doing so. These reasons have to be of a serious nature. The full list of reasons is narrated in the Children’s Hearing (Scotland) Act 2011 however, some examples are: –
- The child or young person is at risk of abuse or neglect;
- The child or young person has been a victim of certain crimes, or another child within their family has been;
- The child or young person is connected to someone who has been convicted of domestic abuse;
- The child or young person is a risk to themselves or others;
- The child or young person has committed an offence or crime;
- The child or young person has not been attending school;
- The child or young person is abusing or misusing alcohol.
When notice is given of a Hearing, the ‘statement of grounds’ will also be provided.
What happens when the ‘Statement of Grounds’ are agreed
If the Statement of Grounds is agreed then the Children’s Hearing will proceed. Various parties are present at the Children’s Hearing. These are: –
- The Child: The child or young person involved is at the centre of the Hearing. They are encouraged to express their views however, accommodations are made depending on their age and maturity.
- The Children’s Reporter: The Children’s Reporter is a fundamental figure in the hearing system. The Children’s Reporter presents the case during the hearing, including any relevant reports and evidence. The Reporter must take all reasonable steps to ensure that the child’s best interests are at the centre of the proceedings.
- The Panel: Children’s hearings are conducted by a panel of three trained lay members, known as the Children’s Panel. These volunteers are carefully selected and trained to make informed decisions about the child’s welfare. They listen to all parties, consider the evidence presented, and ultimately make decisions regarding the measures needed to protect and support the child
- Relevant Persons: Parents are ‘Relevant Persons’. They also may be someone who has provided considerable care for the child. They have a right to attend the hearings.
- Legal Representatives: This could be a solicitor, solicitor-advocate, or advocate representing the child or their family. At The Glasgow Law Practice, our solicitors are regularly instructed by parents, children and “relevant persons”.
- Social Workers: Social workers also play an important role in Children’s Hearings. They provide reports on the child’s circumstances and may make suggestions to support the child’s welfare.
- Safeguarders: A safeguarder may be appointed if the panel believes that there is a risk of bias. They will provide a balanced assessment of what is in the child’s best interest.
- Teachers and Other Professionals: Teachers or other professionals who have regular contact with the child may also attend the hearing.
- Supporters: The child and their families can bring friends or other relatives who can provide moral support to the parties involved.
- What happens when the child or their family disagree with the Statement of Grounds?
If a child or their family disagree with the Statement of Grounds then they must seek legal advice from a solicitor. At The Glasgow Law Practice, our solicitors are regularly instructed by parents, children and “relevant persons”. The panel will hear reasons as to why the child or their family disagree with the statement of grounds. If they agree with this reasoning then they can decide that there is no reason to proceed with a Hearing. This results in them discharging the referral and this will bring the matter to an end.
If the panel still considers that it is necessary to proceed to a Children’s Hearing then the case will be assigned to a Sheriff at the local Sheriff Court. A Hearing will be assigned in the Sheriff Court for the Sheriff to consider the evidence and hear from all parties involved in the child’s case. The sheriff will decide whether a Children’s Hearing is necessary.
While the case is being assigned to the Sheriff Court, the panel has the power to make interim orders which can be put in place as a short-term measure to safeguard the welfare of a child.
What decisions can be made at a Children’s Hearing?
At the Children’s Hearing, the panel will meet the child, family and any other parties that are due to give evidence. They will talk about the circumstances and issues involved.
If the panel determines that there is no requirement for compulsory supervision measures then the case is at an end and the referral is discharged.
Alternatively, the panel can make a compulsory supervision order. It will set out what measures of supervision are required. It will confirm what steps the social worker or family must take. They may make a decision about where a child has to live, who they will have contact with and when.
Review Hearings
A further Hearing is set within one year of the compulsory supervision order being made. This is called a Review Hearing. If a child or young person considers that circumstances have changed then they can also request a Review Hearing.
Appealing A Decision
If you do not agree with the decision that has been made by the panel at the Children’s Hearing then you may appeal the decision to the Sheriff Court. It’s important to consult with a solicitor as soon as possible if this is a step you plan to take as you only have a limited timeframe to appeal a decision.
Contact The Glasgow Law Practice Today
The Children’s Hearing system in Scotland is extremely important. It is crucial to ensure that the process runs smoothly and that the child’s welfare remains at the forefront. At The Glasgow Law Practice, we are committed to supporting families through every step of this process, providing expert legal advice and representation to ensure that the rights and interests of the child and their family are safeguarded.
