The Scottish Government

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KEY POINTS FROM WORKSHOP DISCUSSION

The purpose of the workshops was to encourage discussion of the future direction of the Children's Hearings System, against the background of the research findings. The workshops considered the following topics:

• addressing offending
• making the best use of resources
• communication with children
• representation and information for parents and children
• care and protection
• multi-disciplinary training
• the interface between the courts and the hearings system.

Key points that emerged from the workshops have been collated and are presented below.

1. Addressing offending

• In relation to the targeting of resources towards the few young people who persistently offend, it was suggested that:

  • Interventions should aim to have an impact on the young people's offending behaviour
  • The young people's offending behaviour needs to be challenged

  • Resources shou ld be used innovatively.

• The hearings system should aim to increase the proportion of 16 to 18 year olds it retains (rather than refers into the adult Criminal Justice system). Taking into account the developmental needs of adolescents may help to achieve this aim.
• Mediation should be available to all Reporters and hearings for use with those who persistently offend. A balance is needed, however, between the use of mediation and supervision.

2. Making the best use of resources

• the resources currently available to the system must be sustained
• the system needs clear objectives to help in the targeting of resources.
• young people who commit the most serious offences could be 'fast tracked' through the hearings system.
• the interagency approach used to assess the need to refer child protection cases to the system should be applied to the assessment of young people who offend. This may result in fewer young people who offend being referred to the system.
• since the implementation of the Children (Scotland) Act 1995 social work and education departments have worked more closely together to address young people's school non-attendance. Local authorities' corporate duty to safeguard and promote children's welfare should help with interdepartmental working in the longer term.

3. Communication with Children

• every child in Scotland needs to know about the Children's Hearings system, not just those who have direct experience of it. Children could be informed about the system at school.
• children who become involved in the system also need to be informed about the system on an individual basis
• there is a need for the development of a wide range of tools to help with explaining the system. Tools are needed using different media, such as leaflets and videos. Children who have experience of the system could help in the development of such tools
• panel members could be trained in techniques for communicating with children. They could, for instance, be trained in the use of appropriate language to establish effective communication with children
• communication with children may be enhanced if panel members create a good atmosphere. Consideration could be given to the physical layout of the room and its impact on communication between the panel members and families
• there is a need to review the law concerning parents' access to the information the panel receives about children's views
• communication with children may be enhanced by panel continuity
• encouraging feedback from families and children after hearings may improve communication.

• Representation and information for parents and children

Information

• information is needed for children about children's services. Information should be accessible and jargon-free. It should be issued pre-hearing
• families need to be informed about their rights of appeal and review, and their right to receive written reasons for decisions
• information for parents and children about the grounds for referral to the hearings system and hearings notices should also be accessible and jargon-free
• the Children's Law Centre produces good information leaflets, but they are in short supply
• general awareness of the hearings system could be improved by public information. This is the Scottish Executive's responsibility.

Representation

• an adversarial situation is to be avoided
• children should be aware that they can bring a 'friend'
• safeguarders can support children through hearings
• children and families may benefit from the support of someone to help them towards what they need; to help them participate in the hearing; inform them of the services that are available, and explain the boundaries of the responsibilities of those involved
• the only form of representation that should not be allowed is representation by someone who speaks for, or acts as an agent for, the child.

5. Care and protection

• the emergency procedures for care and protection cases have enhanced multi-agency working and the flow of information
• the Children (Scotland) Act 1995 has enforced the consideration of evidence at an earlier stage in care and protection cases
• there is a lack of clarity about the meaning of 'significant harm'
• respect for children's requests for confidentiality needs to be balanced with their need for protection
• if children originally referred on care and protection grounds often progress to offending, this raises the question of whether they are they being offered appropriate services and support
• parents need help. Children need help to survive poor parenting.

6. Multi-disciplinary training

• professionals working in the hearings system should receive more multi-disciplinary education and training
• for multi-disciplinary training to be effective, all participants in the hearings system need to be involved
• as a practical measure, videos could be produced of typical hearings situations for use in multi-agency training.

7. The interface between the courts and the hearings system

• the system is not working for over 15 year-olds who offend. To retain them in the hearings system, rather than dealing with them in the adult criminal justice system, the hearings need more options for disposals and possible sanctions for this age group
• the hearings system should make more demands on the young people themselves; and the services need to be accountable.

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