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PROTECTING CHILDREN - A SHARED RESPONSIBIITY

APPENDIX 2: PROTOCOL: REFERRALS TO THE CHILDREN'S REPORTER FROM EDUCATION - Taken from 'Blueprint for the Processing of Children's Hearing Cases', Inter-agency Code of Practice and National Standards, Second Edition 2001

1. PURPOSE OF PROTOCOL AND GENERAL PRINCIPLES

1.1. This Protocol is applicable to all referrals to the Children's Reporter irrespective of the initial nature of the concern and it is designed to ensure that everyone is clear about the legal and practice principles which apply when considering referrals to the Children's Reporter. It provides a framework within which existing good practice can be further developed. Good practice requires the careful exercise of professional skill and judgement. No protocol can cover every possible eventuality nor prescribe action in every particular case. All those with responsibility in this area will continue to operate within a procedural framework and to enjoy the necessary level of confidence to exercise judgement about the most appropriate response in specific circumstances.

1.2. Ensuring the swift and well-informed referral of vulnerable children who require compulsory support, guidance, protection and control is the overriding consideration. By applying the same principles in a consistent manner, everyone involved in responding to children's needs is helping the system to treat vulnerable and needy children fairly, promptly and effectively.

1.3. The decision to refer a child to the Children's Reporter is a significant step with potentially far reaching consequences for the child and his/her family/carers. The Scottish Children's Reporter Administration and The Association of Directors of Education have developed this ⁶ guidance following extensive consultation throughout both agencies to ensure that children and young persons are speedily referred where circumstances require the Reporter to consider whether or not compulsory measures of supervision are required. This protocol's application includes any child who is already subject to a supervision requirement.

1.4. The introduction of this protocol complies with point 1.1 of the Inter-Agency Code of Practice contained in the Blueprint for the Processing of Children's Hearing Cases which was adopted nationally on 1 ^st April 1999. The Blueprint was developed by the Time Intervals Working Group, set up in the early part of 1997 by Sam Galbraith (from May 1999 Minister for Children and Education in the new Scottish Executive). The protocol aims to contribute to the reduction of inconsistent practice and lengthy delays in the processing of children's cases identified by the working group.

2. PREVENTIVE SERVICE AND BEST PRACTICE - GENERAL PRINCIPLES

2.1. Education and partner agencies should attempt to provide sufficient support at an early stage to reduce the need for consideration of compulsory intervention in families' lives by way of referral to the Reporter. However, where a family is unable to care appropriately for their child, or where a child's failure to attend school raises the question that the child may be in need of compulsory measures, Education requires to consider prompt referral to the Reporter. Where, for example, there are significant concerns about the safety of a child or a child is considered to be at risk of injuring himself/herself or others, early referral to the Reporter is appropriate. Education staff require to exercise discretion in distinguishing between children in relation to whom there are serious concerns of such a nature and situations which present minor issues where children are not thought to be at serious risk.

2.2. While all allegations of a child being in difficulties should be taken seriously, it is recognised that informal resolution by an appropriate agency of minor issues where a child/children are not considered to be at serious risk may well be the most appropriate action to take and referral to the Reporter, in such circumstances, may not be necessary. A referral to other appropriate resources in or outwith the local authority may be a sufficient response and this is a matter for the responsible exercise of professional discretion on a case by case basis.

2.3. In keeping with the Children (Scotland) Act 1995, a number of general principles should be applied when decisions are being taken:-

• The child's welfare shall be the paramount consideration when deciding whether or not to refer a child to the Reporter.
• Local authorities and partner agencies are required to take into account the views of children and families and to work in partnership with them.
• Intervention should only take place where necessary to promote the child's welfare.
• Local Authorities have a statutory duty to safeguard and promote the welfare of children and, so far as it is consistent with that duty, promote the upbringing of such children by their families.

2.4. It is of critical importance that practitioners balance the need for intervention to be made only when appropriate and the basic principle which requires that children and families are listened to and their views taken into account.

3. STATUTORY FRAMEWORK -CRITERIA FOR REFERRAL

3.1. Where a local authority receives information which suggests that compulsory measures of supervision may be necessary, the local authority must inquire into the matter unless satisfied that such inquiries are unnecessary. Where a local authority does not believe that compulsory measures of care are necessary it does not need to refer the child to the Reporter. If it appears that compulsory measures may be required, they shall give such information as they have been able to discover about the child to the Reporter.

3.2. The question of whether compulsory measures of supervision are necessary in respect of a child arises if at least one of the following conditions mentioned in Section 52 of the Children (Scotland) Act 1995 appears to be satisfied, namely that the child:-

(a) is beyond the control of any relevant person;
(b) is falling into bad associations or is exposed to moral danger;
(c) is likely -

(i) to suffer unnecessarily; or
(ii) be impaired seriously in his health or development, due to lack of parental care;

(d) is a child in respect of whom any of the offences mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children to which special provisions apply) has been committed;
(e) is, or is likely to become, a member of the same household as a child in respect of whom any of the offences referred to in paragraph (d) above has been committed;
(f) is, or is likely to become, a member of the same household as a person who has committed any of the offences referred to in paragraph (d) above;
(g) is, or is likely to become, a member of the same household as a person in respect of whom an offence under sections 1 to 3 of the Criminal Law (Consolidation)(Scotland) Act 1995 (incest and intercourse with a child by step- parent or person in position of trust) has been committed by a member of that household;
(h) has failed to attend school regularly without reasonable excuse;
(i) has committed an offence;
(j) has misused alcohol or any drug, whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971;
(k) has misused a volatile substance by deliberately inhaling its vapour, other than for medicinal purposes;
(l) is being provided with accommodation by a local authority under section 25 or is the subject of a parental responsibilities order obtained under section 86 of this Act and, in either case, his behaviour is such that special measures are necessary for his adequate supervision in his interest or the interests of others.

3.3. When considering whether or not to make a referral to the Children's Reporter, Education staff must not take into consideration whether they believe there is sufficient evidence for grounds for referral to be established. Considerations relating to the sufficiency of evidence and standard of proof are exclusively a matter for the Reporter. Staff must refer children who they assess may be in need of compulsory measures of supervision.

4. PROCEDURE FOR REFERRAL TO THE REPORTER AND PROVISION OF RELEVANT INFORMATION

4.1. There are different statutory provisions relating to referral of a child to the Reporter. The law recognises 3 distinct providers of such information viz:-

• the Local Authority
• the Police
• any other person

4.2. It is essential that sufficient information is supplied to the Reporter at the time the referral is made to enable the Reporter to make a speedy and informed assessment of the situation.

4.3. Education may find it helpful to consult with Social Work and the Reporter prior to making a referral.

4.4. Education and partner agencies should issue clear guidance about referral procedures to their respective staff and, where relevant, to outside agencies.

4.5. To ensure prompt attention, referrals should be made as and when they arise rather than in periodic batches.

The referral should be signed and dated by the author.

5. INFORMATION TO ACCOMPANY REFERRALS

5.1. Factual Background Information

All referrals to the Reporter must contain -

• Full name, address (present and usual home address), and date of birth of the child/children being referred.
• Any special requirements of the child or family e.g. religion, disability, ethnic origin, language etc.
• Details of all other children in the household, if relevant, with a clear indication of whether they too are being referred .
• Full names and addresses of parents and marital status, if known.
• Full names and address of any other relevant persons, if known.
• Full names of adult members of household, if known.
• A clear indication of whether the child is subject to any orders or legal requirements including details of any restrictions upon contact if known.
• Current whereabouts of child/children/parents if known.
• Whether family previously known and if so a summary of any previous relevant information

5.2. Information relating to the Referral:

• Summarise the reasons for referral to the Reporter.
• Give a factual account of the referral and the names and address of all parties involved e.g. how, when and by whom the incident was discovered.

5.3. Additional Information

• In some cases, the Reporter may decide that additional information is required, which may include further interviewing of witnesses and the securing of actual verbatim statements. In such circumstances, he/she may then request that the Police or Social Work interview identified witnesses or he/she may do so himself/herself. Education staff will not however be asked to obtain further information in this way.

6. REPORTER'S DECISIONS

6.1. Having considered the information received and following further investigation, the Reporter shall make one of the following decisions:-

• that a hearing does not require to be arranged, i.e. that it is not necessary to proceed further with the referral
• to refer the child to the relevant local authority to make arrangements for advice, guidance and assistance
• to refer the child to a hearing

Agreed between SCRA and ADES, June 2000.

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