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Research confirms support for Scotland's unique hearings system
10/09/1998
The first comprehensive evaluation of children's hearings in Scotland, which have been operating for 27 years, has found widespread support for the system. There was praise for the panel members who were said by the researchers to be seen as a source of strength, in their commitment, independence and volunteer lay status.
Publication of the report, Deciding in Children's Interests, principal author Professor Christine Hallett of Stirling University, was welcomed by Scottish Minister for Children Sam Galbraith.
Mr Galbraith said:
"This research is welcome on two fronts. It is the first comprehensive evaluation of the work of the hearings system since it began in 1971 and it shows that it continues to command praise and support.
"Since the early 1970s public awareness has increased of the difficulties and abuse facing too many of our children. The research shows that the hearings system, through the dedication and commitment of its volunteers and all those involved in a professional capacity, is still considered relevant and effective.
"Strengths and weaknesses have been identified. That is the purpose of research. We have already taken action on some fronts such as case processing through the setting up of the Time Intervals Working Group and have channelled over £8 million in new investment to the Children's Reporter Administration.
"Nonetheless I want to see a vigorous and open debate on these findings and I have decided that there should be a national conference early next year to stimulate discussion about the outcome of this major research programme. We need to continue to seek ways of improving the effectiveness of our unique system for welfare and justice for Scotland's children.
"I look forward to the publication early next year of a report of a cohort study into children referred to the hearings at a specific period in 1995 which will provide a detailed insight into outcomes for all children involved with the hearings system."
The report, Deciding in Children's Interests, found that the hearings system continues to be supported across the board by most professionals and the public. The main weakness was a perceived shortage of resources which was considered to affect the quality of service delivered, primarily by local authorities, to meet the needs identified by the hearings. The system was seen as responding more effectively to children and young people referred for care and protection than those referred for non-attendance at school and persistent offenders. Reporters' decision making was quicker for referrals on offence than care and protection grounds.
Although reporters made decisions in less than a month in almost a third of study cases, they took more than two months in 39 per cent. The timescale for reporters' decision making was extended because of delays in notifications to reporters, a slow response to requests for reports from social workers and schools and also from procedural and administrative delays in some reporters' offices.
There was widespread variation in views about whether the children's hearings or criminal justice system is best placed to deal with children who offend and young people over 16 and about legal representation for children and families in the children's hearings.
BACKGROUND
1. Volume two of the report, The International Context - Trends in Juvenile Justice and Child Welfare, contrasts the children's hearings with systems elsewhere which tend to differentiate between young offenders and those in need of care and protection. There are marked differences between the children's hearings and systems in other countries in respect of rights and representation, disposals and the interface with the adult criminal justice system. The comparison with trends in juvenile justice and child welfare elsewhere will make a useful contribution to the debate about the future development and operation of the children's hearings.
2. The studies form part of an evaluation of the operation of the Children's Hearings system in Scotland commissioned by the Home Department of The Scottish Office from 1994. The findings are of relevance to reporters, children's panel members, local authorities, the judiciary, procurators fiscal, the police and others in the field.
3. The research reports, The Evaluation of the Children's Hearings in Scotland: Volume 1 - Deciding in Children's Interests and Volume 2 - The International Context, are available from The Stationery Office Bookshop, 71 Lothian Road, Edinburgh, EH3 9AZ, priced £6.00 and £5.00 respectively.
News Release: 1812/98
10 September 1998