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The Children's Hearings System in Scotland 2003
Training Resource Manual 2nd edition

7 CHILDREN AND EDUCATION

School is an important part of children's lives and today 80% of children stay on past sixteen years. There have been many changes in the Scottish education system in recent years aimed at achieving a wider ability range and recognising the value not only of academic progress but also of vocational achievement. The years of compulsory schooling in Britain are from five to sixteen. The summer leaving date (31 May) is for those children whose sixteenth birthday falls between 1 March and 30 September. The Christmas leaving date is for those children whose sixteenth birthday falls between 1 October and 28/29 February.

In order to make sense of school reports and to understand what stage a particular child is at, it is important for panel members to have an understanding of the current structure. Some of the terms in current use regarding class composition and examinations follow.

Scottish Curriculum

The curriculum in Scottish schools is divided into two stages. The first stage is the 5 - 14 Curriculum taking children through primary school and into the first two years of their secondary education. Pupils then move on to Standard Grade - secondary 3 and 4 and then to Higher Still.

Class composition

While primary school children are taught in mixed ability classes, secondary pupils may be grouped in various ways.

Mixed ability

Pupils of different levels of ability are taught together in the same class. A variety of materials will be used to enable pupils to work according to their individual abilities.

Setting

When pupils are grouped in classes according to their ability by subject area. All use the same materials and work at the same pace.

Streaming

When pupils across the whole year group are divided according to ability across all subjects to produce a hierarchy of classes within the same year.

Examinations

Standard Grade

These are taken at the end of S4 following a two-year course and consist of a mix of formal externally assessed exams and project work. Pupils work at three levels - Credit, General and Foundation - and grades indicate a particular quality of achievement rather than pass or fail.

Highers and National Qualifications Modules

These are usually taken at the end of S5, following a one or two year course. Highers consist of academic courses that may lead to higher education. National Qualification modules offer more vocational courses, leading to further education

Higher Still

These begin in S3 and are amalgamate structures of higher and module teaching approaches. Higher Still is aimed at bridging the academic/vocational divide.

The award contains two components - Unit Assessment an internal assessment, and Course Assessment - the external component.

Table 1 on the next page charts a child's progress year by year and Table 2 gives a summary of the grading system in schools.

TABLE 1 School Structure

Guidance

In secondary schools every pupil is allocated a guidance teacher. The organisation of guidance will vary from school to school but the tasks common to all guidance teachers will include:

• building relationships/personal support
• curricular guidance
• personal and social education
• careers education and guidance
• pupil behaviour.

Pupil profile

For every pupil the school completes a profile of each pupil, detailing his/her progress throughout the school years.

Discipline and exclusion

Corporal punishment is not permitted in Scottish schools. Pupils are disciplined in various ways, ranging from punishment exercises and detention to exclusion. The three basic criteria for exclusion are:

• physical assault on pupils, physical or verbal bullying
• deliberate damage to buildings or equipment
• extreme behaviour towards staff, including assault and verbal abuse.

Exclusion will range from short-term (one to three days) to permanent. Return to school may depend on the pupil and/or parents agreeing to abide by certain conditions. Children and parents may appeal exclusion.

Exclusion is a last resort and schools should set up strategies to provide inclusive education. These include:

• well planned support strategies for children with social, emotional and behavioural difficulties
• the development of a whole school ethos with procedures to identify possible difficulties
• an ability to adjust the curriculum
• consideration of the need for on site bases or units
• an evaluation of the existing provision.

The power to exclude a child rests with the local authority, although this can be delegated to the school. Children can be excluded when

• the child (and or parents) are refusing or failing to comply with the rules, regulations and disciplinary procedures
• the school believe that the child's presence in the school is to the detriment of the order and discipline of the school and or the educational well-being of other pupils.

If a child is excluded the local authority must make other arrangements for the child's education. Children (independently of their parents) and parents have the right of appeal over any exclusion.

Truancy

Schools have a duty to record pupils' attendance. Formal procedures for dealing with unexplained absences involve the school, parents and the local authority education service. Parents can be prosecuted and fined for non-attendance at school by their children. A child may be referred to a hearing on the grounds of failure to attend school without reasonable excuse. Reasonable excuse is defined as:

• when a child if under eight years old lives more than two miles (three miles over eight) from the nearest school and the local authority is unwilling/unable to provide public transport
• when the child is unable to attend through illness
• other circumstances which in the opinion of the education authority '… afford a reasonable excuse.'

Truancy is a very complex issue and the reasons children give are very varied. Some reasons offered range from boredom, to play the computer or to avoid punishment or bullying. Some truancy can also be condoned by parents, e.g. needing someone to baby-sit, or to go on holiday.

The indicators of potential risk of truancy include:

• abused children who may express anxiety by truanting
• disruptive behaviour by a child
• patterns of non attendance carried from primary school
• very strict enforcement of school rules
• poor parent/teacher relationship.

High achieving children are less likely to truant.

Bullying

Bullying is not new but attitudes have changed and it is no longer acceptable.Both boys and girls bully. Bullying should always be taken seriously. All schools will have developed an anti-bullying policy.

Contact between schools and hearings

There is no formal contact between panel members and the schools in their community. Any formal contact is between the children's reporter and the school. Panel members may meet guidance and other staff as part of their training. Pupils may learn about the hearings system as part of a modern studies project and panel members are sometimes invited into schools to talk to children and staff.

Schools are asked to provide reports for hearings where relevant. Teachers are also invited to attend hearings if appropriate, to expand upon their reports. Although attendance is more common now it is not always possible.

8 CHILDREN AND DISABILITY

It is estimated that almost 34,000 children in Scotland have some form of disability and 37,000 have special educational needs. ¹⁵ As many as one in five children may need help and for many the help will be temporary. This short term need might be :

• difficulty in starting to read, write
• impact of illness on progress
• emotional upset - illness, separation, bereavement.

Not all children affected by disability will need (or want) help through social work departments. However, it is important to consider what impact disability may have on a child and the family.

Under s22 of the Children (Scotland) Act 1995 local authorities have a duty to safeguard and promote the welfare of children in need in their area and this includes disabled children. The Act refers to a child in need as a child who is:

• unlikely to achieve or maintain (or have the opportunity to do so) a reasonable standard of health or development unless provision is made for him or her
• likely to be impaired in health or development without provision of resources
• is disabled
• is affected adversely by the disability of another family member.

This duty includes the provision of services that minimise the adverse effects of the child's disability and allows the child to lead as normal a life as possible. These services should be appropriate to the assessed needs of each child. In order to fully meet these duties the local authority must work in partnership with all agencies both within it e.g. social work and education, and outwith e.g. health services, voluntary agencies.

Assessment

When assessing a child's needs local authorities should consider whether they must not only make provision for the needs arising from disability, but also the child's needs in the widest context. Such an assessment should be in collaboration with other agencies in order to ensure that the child's needs in terms of health, development, education, gender, racial origin, religious persuasion, cultural and linguistic background are considered.

The family, parents and siblings may also be affected by the child's disability and their needs should also be assessed and appropriate support provided. An effective assessment will allow children a real opportunity to contribute, take account of the child's views, and consider the child in the widest context - at home, at school, at play and as an active member of the community. The views of the child's parents and other family members should also be sought and considered when making decisions about the planning and delivery of services to the child.

Some children with disabilities may also have problems in communication and efforts must be made to establish the views of the child. Some children may also have difficulty in saying what they want in front of parents, and indeed, they may want very different things from their parents. It is also essential that whilst children are being encouraged to participate in planning their future they are not left feeling the responsibility is theirs alone.

Recently there has been consultation on the draft Education (Additional Support for Learning) Bill that could herald major changes in this area.

Learning with care

Children with learning difficulties/disabilities should normally attend a local mainstream school. In order to facilitate this it is recognised that it will involve provision not only for the child's educational needs but also for their health needs. Under the Standards in Scottish Schools etc Act 2000 it is clear that the circumstances in which a child would be provided with education outwith mainstream 'arise exceptionally'. The local authority must then ensure adequate and efficient provision of school education. (Section 1 of the Education (Scotland) Act 1980.)

Some children may have additional support needs which stem from neurological or physical disability, sensory impairment, social, emotional or behavioural problems; or mental illness. Local authorities need to assess the child to identify the child's learning difficulties and determine whether the child will require a co-ordinated support plan. This assessment allows for the development of long-term educational strategies for the child and will have regard for the child's educational, medical and psychological needs.

Although 20% of children may at some time have additional support needs only 2% will require a co-ordinated plan.

A learning difficulty is present if the child:

• has significantly greater difficulty in learning than the majority of children at that age
• is unusually nervous and withdrawn
• suffers from a disability which prevents or hinders them from taking part in mainstream schools
• if under the age of five needs 'special educational needs provision' to ensure that they will not have a learning difficulty.

Assessment to identify special educational needs is governed by national guidelines.

Dyslexia

Dyslexia is a specific learning difficulty that affects 10% of the population. Children suffering from this condition have difficulty in reading, spelling and writing, e.g. mixing up b and d and may have poor sentence structure - but mixing up b and d is very common when learning to read so many people may worry unnecessarily! The child may also be clumsy, badly co-ordinated and have a poor sense of space. If it persists, it could be a concern . They may also have difficulty in understanding spoken language, comprehension and have poor handwriting. This condition can also affect other subjects, e.g. mathematics - multiplication tables.

However children with the disorder can also be articulate, descriptive, good lateral thinkers and have an average or high IQ.

Behavioural difficulties

Today it is recognised that many children who in the past may have been dismissed as naughty, bad, lazy, impaired; disruptive may in fact be suffering from a disorder that affects their behaviour. The broad diagnostic term is 'autistic spectrum disorders' or 'pervasive developmental disorders'. These disorders impair several areas of development especially those involving social interaction, language development and communication skills. A description of some of these disorders follows.

Autism

This is a lifelong development disorder that affects the way children communicate and relate to others and has implications for how the child learns. Children within the autistic spectrum, experience the world differently and build up their own meaning of the world as they see it. They become isolated and are often said to be 'living in a world of their own'.

Autistic children

• find difficulty in social interaction with other children appearing indifferent or aloof and usually preferring their own company.
• have problems with communication skills - both verbal and non-verbal
• do not understand the meaning of gestures, facial expressions or tone of voice therefore may not pick up happiness, sadness, disapproval or anger and will not be able to respond appropriately
• lack curiosity and will repeat words and phrases parrot-fashion
• have limited ability to take part in imaginative activities and display repetitive obsessive behaviour
• hate changes to their routine.

Asperger's Syndrome

A neurological disorder often described as a milder form of autistic disorder. There are a number of traits common to autism - difficulty in social relationships, communication and creative play but with fewer language problems. The most characteristic trait of Asperger's is a pedantic monotonous speech pattern. They have normal cognitive abilities and less severe social and communication skills than children diagnosed with autism.

Children with Asperger's Syndrome

• usually start to show the symptoms at the age of three and the average age of diagnosis is eleven
• want to be sociable and enjoy company but are often clumsy
• find it hard to interpret gestures and facial expressions
• speak fluently but are very poor listeners and may appear insensitive
• sound over precise and can take words literally and miss jokes - may be frightened by phrases like - 'bit my head off'
• excel in learning facts and figures but may have difficulty with abstract concepts
• love routine.

Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD)

ADHD is a neuro-biologically-based developmental disability that is estimated to affect up to one in a hundred school-age children. Boys are more commonly affected than girls. Children suffering from ADHD display excessive inattentiveness, are impulsive, and may also suffer from other autistic spectrum disorders. ADD children display the same behaviours as children with ADHD but without the hyperactivity. These disorders affect the child's family life, social life and education. Children often fidget, leave the classroom and talk excessively which has an impact on education and learning.

ADHD and ADD children

• have low self esteem; poor social skills
• lack motivation
• are over sensitive to stress
• find normal games and turn-taking impossible
• can be isolated (as can their families)
• are careless in schoolwork; activities
• don't complete tasks, chores
• don't seem to listen, follow instructions
• are poor organisers; lose things.

Tourette Syndrome (TS)

This is a neurological disorder characterised by tics (involuntary sudden movements). The range and complexity of tics and tic-like symptoms is very broad: eye blinking, head jerking, throat clearing, yelping etc. The majority of people suffering TS are not significantly disabled by their tics, but they may have additional problems such as learning difficulties, sleep disorders and hyperactivity.

Apart from their disability children may also have other problems:

• health issues
• provision of appropriate respite services - day care, overnight services, shared care, residential care.

Further information regarding all of these issues can be found in The Children (Scotland) Act 1995 Regulations and Guidance Volume 1 - Support for Children and Families.

9 OFFENDING BEHAVIOUR

Delinquency: 'an offence or misdeed usually of a minor nature, especially one committed by a young person' Oxford Dictionary.

'The human infant has no sense of 'right' dress, safe driving speeds, moral sex or any of the norms of society, whether custom or law. Conformity, not deviation has to be learned.' F Ivan Nye, 1958

The Kilbrandon Committee's main remit was to address the problems of what was then known as 'juvenile delinquency'. One of their pioneering conclusions was that children involved in offending behaviour and children who were victims of abuse or neglect should be treated within the same system according to their individual needs. In the early years the majority of children appeared at hearings on the grounds that they had committed offences. From the late 1980's onwards, however, the balance of referrals has changed and both the law and social services have become increasingly preoccupied with child protection issues. However, the problem of offending by young people has not gone away. The news is full of reports of crimes committed by children, and what to do about juvenile offending remains high on the political agenda. Demands for severer punishments often seem to find favour with the public.

The 1993 White Paper Scotland's Children acknowledged that 'tackling juvenile crime is one of the most important tasks facing the Government'. Since the vast majority of children charged with offences pass through the hearings system, the system needs to be able to show that its welfare-based approach can tackle the problem effectively.

A study, ' The Evaluation of the Children's Hearings in Scotland: Children in Focus' which was undertaken by the University of Edinburgh between 1995 and 1997 considered the background and circumstances of a group of children referred to the reporter in February 1995. One finding from that report which has significance for any consideration of offending behaviour is that most children referred on offence grounds had come into the system between five and eleven years of age for non-offence grounds. Offending children are also non-offending children.

In 1999 the Scottish Executive set up an advisory group to conduct a review of youth crime. In the spring of 2000 the report 'It's a Criminal Waste' was published. This study, as with other studies, has supported the notion that young offenders should continue to be dealt with within the welfare approach of the children's hearings system. However it is suggested that hearings have to be more imaginative in their dealings with young people who offend, considering both their needs AND deeds and have a better range of programmes and services at their disposal.

In 2002 the Scottish Executive published Scotland's Action Plan to Reduce Youth Crime. This plan sought to

• increase the public's confidence in the ability of the justice system to reduce youth crime by developing preventative approaches by various agencies
• improve the effectiveness the hearings system
• have better assessment and service
• strengthen the position of youth justice teams
• and increase awareness of what works.

This led to the setting up of the fast track hearing pilots which starting operation in February 2003. Children referred to a fast track hearing have been reported to the children's reporter for 5 offending episodes in the previous 6 months. Reporters have the discretion to 'fast track' children who do not meet this criteria but whose offending is causing great concern. A second initiative has been the setting up of the youth court pilot at Hamilton Sheriff Court.

Both initiatives are linked to the Government's overall standards for youth justice, the objectives of which are to :

• improve the quality of the youth justice process - full assessment, an action plan to address the concerns and a review process
• improve the range and availability of programmes - using where appropriate community based 'what works' programmes
• reduce time-scales for decisions and implementation - meeting the inter agency standards and the code of practice set by Time Intervals Working Group
• improve information to victims and communities - this includes information about process; use of mediation / reparation scheme if appropriate; and the outcomes (success or not) to be reported
• make appropriate use of secure accommodation - using the assessment tools, providing a link between secure unit and home; provision of aftercare services
• improve strategic direction and co-ordination of youth justice strategy teams - producing an annual report, setting up of audit, and pooling resources.

As people involved in the hearings system, panel members may be as angry, distressed or frightened as anyone else if they are the victim of a crime, and may well find their commitment to the welfare approach tested. They need to keep a cool head in this debate and try to look carefully at what the problem really is and what can be done about it.

Who are young offenders?

Many children and young people will use their offending as a means of gaining friends, being part of a crowd, obtaining money for drugs, alcohol, and clothes.

Amongst the key factors that have been identified that lead to offending behaviour are:

• being male - in 2001/02 the ratio of boys to girls was 3:1
• being young
• being disadvantaged - poverty, low educational attainment, unemployment
• having family members who offend
• having friends who offend
• misusing drugs
• being excluded from school.

What is the problem?

It is first of all important to realise that, whatever the tabloid press may say, offending by young people in Scotland is not spiralling out of control. Before considering the issue of offending by young people the following helps put the problem into perspective:

• fewer than 4% of Scottish children come to the attention of the children's reporter and only one third of this figure will be referred to a hearing
• less than half of these children have committed an offence
• more boys are referred for non offence grounds than offence grounds.

The following are also important points - between 1999/2000 and 2001/2002

• the number of offence grounds decreased by 5%
• there is an upward trend in children who offend only once
• there a decrease in the number of under 14 year olds being referred
• the number of offences committed by individual children is falling
• although there are a small number of children responsible for a disproportionate number of offences, this figure is also decreasing
• young people themselves are more likely to be the victims of personal crime than adults.

One problem is the difficulty of building up an accurate picture of what is really going on. Since it is impossible to include unreported crimes in statistics we cannot be totally sure of the full picture. There is no denying that teenagers do get into trouble. Studies based on information given by young people themselves indicate that offending can be an accepted part of life for young people at a certain stage. It is often a group activity, and evidence suggests that many children commit offences during the hours when they should be at school.

The kind of offences they commit are usually non-violent and relatively minor - vandalism, shoplifting, thefts from vehicles - but still serious enough to have a high nuisance value within their communities. The peak age of offending amongst boys is eighteen and girls is fifteen, and the vast majority of them will grow out of this kind of behaviour within a few years, whatever action may or may not be taken by the authorities. There is a strong link between violent behaviour and under-age drinking and young people involved in drug misuse commit offences to finance their habit.

There is a widespread view that a small number of 'persistent offenders' are responsible for a high proportion of the crime committed in certain communities. However it is hard to pinpoint the young people who actually belong to this group, as the difference between offenders and persistent offenders seems to be one of degree.

The main characteristics of persistent offenders are:

• a lack of maturity
• low IQ
• low family income
• low school achievement
• a history of offending in the family
• risk takers.

Causes

There is much public concern about lawlessness and violence in society but little agreement about the causes. The absence of moral and spiritual values, lack of discipline, break-up of families, influence of television and film, drugs, alcohol are all suggested. The Kilbrandon view was that it was not useful to categorise children on the basis of their offending alone, but to look behind the presenting problems to find the underlying causes in the life of the individual child.

In so far as it has been possible to identify them, research has demonstrated that the backgrounds and experiences of young people with a pattern of offending often have several factors in common:

• having poor childhood experiences
• personality and behaviour issues
• a lack of guidance and supervision from parents
• inappropriate discipline
• having been abused/neglected; come from broken homes
• education interrupted by truancy, exclusion, low achievement, problems with peers / teachers
• living or mixing with family/friends who offend - the peer group can give a sense of identity
• periods spent in care - inconsistent care and frequent moves
• substance, drug, alcohol misuse
• problems that although identified early were not addressed.

What does the system do about it?

The very small number of children who commit serious crimes may be prosecuted and sentenced by the courts. The Social Work Services Inspectorate report on secure accommodation, ' A Secure Remedy', published in 1996, shows that the number of children found guilty of serious crimes and sent to secure accommodation is very small indeed.

The majority of children committing offences continue to come through the hearings system. The hearing's task is to identify measures of supervision that address the problem of offending and lead to a reduction in and hopefully stop future offending. The recent initiatives should see the hearings system working more effectively with young people's offending behaviour.

In the new fast track hearings the hearing process will not change but as with the youth court, assessment and action plans; time-scales, new resources and initiatives will be introduced to meet the young person's needs and address their offending behaviour.

It is ironic that in Scotland, with its welfare-based juvenile justice system, the use of custody for offenders over sixteen is amongst the highest in Europe. There is no evidence to show that highly punitive systems, including imprisonment, are effective, except in as far as they remove offenders temporarily from society and thus limit their ability to commit further crimes.

Does anything work?

Despite the admitted difficulties, there has been evidence in Scotland e.g. Freagarrach Project, Aberlour Crannog Project, and elsewhere in recent years that some approaches can be effective in changing the behaviour of young people and significantly limit their offending. The key to this is a whole problem approach; structured programmes that focus on behavioural change, addressing offending behaviour, and skill development rather than loose models of counselling and support.

Effective intervention

The most effective intervention will include:

• models of intervention that are backed by research evidence to show they work
• a variety of approaches - work with individuals, groups and families
• focus on the nature and consequences of the offending behaviour, including the victim's perspective and the impact on communities
• emphasis on problem solving and the development of thinking and reasoning skills
• concentration on personal and social skills to build self esteem
• community based rather than residential supervision
• work with parents to involve them in the supervision process.

Restorative justice

Restorative justice models embrace the above key points and aim to repair the harm done - to victims, offenders and communities. The main elements of restorative justice are:

• responsibility - holding young people to account for their misbehaviour and to develop responsible behaviour
• restoration - exploring the possibility of making amends to victims and/or the community
• re-integration - providing the support, assistance, guidance to enable the young person to grow into a responsible adult.

This problem solving approach can include everyone affected by the behaviour of the young person. It can include the victims, offenders and their communities. It enables victims and offenders to communicate directly or indirectly and for the offender to volunteer to make reparation to the victim or the community. Communication and dialogue, and the empowerment of all parties, contribute to the prevention of further offending.

10 DRUG AND ALCOHOL MISUSE

Drugs

There has been a significant increase in the last fifteen years in the use of illegal drugs by young people. There has also been a large increase in the number of children living with drug using mothers. In 1996/7, 9.3:1000 mothers used drugs and by 1999/2000 this figure had risen to 17.7:1000. The Scottish Crime Survey found that 25% of children between sixteen and nineteen had used a prohibited substance. The Scottish Schools Adolescent Lifestyle and Substance Use Survey (SALSUS) 2002 reported that 8% of 13 year olds and 23% of 15 year olds had used drugs in the month prior to the survey. These figures are similar to findings in the 2000 study. Cannabis is still the most widely used illegal drug amongst school age children, and the majority of young people who use cannabis do not progress to other drugs.

The misuse of drugs by parents is also a concern - most recent estimates by the University of Glasgow Parental Misuse research team suggests that between 40,000 - 60,000 children are affected by their parent's drug use. The Scottish Centre for Infection and Environmental Health (SCIEF) survey found that amongst drug injectors in Greater Glasgow, 60% were parents.

Types of drugs

There are many drugs in circulation but they can be grouped roughly into the following three types.

Stimulants
These make everything seem as if they are going faster, including thoughts, speech and the body. Drugs include ecstasy, amphetamines, cocaine and crack, and amyl and butyl nitrites.

Depressants
These slow everything down, including thoughts, speech and the body. Heroin, tranquillisers, methadone, volatile substances including solvents are within this group.

Hallucinogens
These alter the way a person sees, hears and feels things, causing hallucinations and confusion. LSD, cannabis and magic mushrooms come into this category.

Points to remember

When considering the issue of young people and drug misuse it is helpful to remember that:

• many young people try drugs but not all of them become problem users
• for children and their families there is a fear that, in seeking help, child protection measures might be taken
• there is a fear of being stigmatised
• any intervention must address the underlying reasons for the misuse.

Alcohol

Despite the concern about drug misuse in Scotland, alcohol is still the most commonly used drug. Alcohol is likely to be a concern in 40% of social work cases involving children. Despite licensing laws more than 50% of children between thirteen and seventeen are likely to have bought drink. In the thirteen to sixteen age group almost one third of young people drink at least once a week - mainly in the home and usually small amounts.

Children whose parents drink heavily are at risk of physical / emotional abuse or neglect - Scottish Executive figures claim that between 80,000 - 100,000 children are affected by their parents' alcohol misuse. This leads to unhappy stressful childhood and potentially serious problems in adult life.

Living with a problem-drinking parent is very difficult; it can remove childhood and force children into becoming the carers in the family. If parental drinking is an issue, children can become removed from normal living - afraid when coming home from school, unable to bring friends to the house worrying about what might cause the next row. Children find different ways of coping with the situation. They may try to avoid it by staying out late or even overnight; they may feel it is their fault; they may act out and their education too can suffer.

11 CHILD ABUSE AND PROTECTION

Child abuse is a term that covers a wide range of different conditions from neglect to sexual abuse. It is also a concept that has changed over time.

'Throughout history there are accounts of the customary extremes in the chastisement of children. Pepys beat his boy until he (Pepys) was out of breath: John Wesley, Frederick the Great, Lady Jane Gray, and many others in adult life complained bitterly of their treatment in childhood. It is always taken for granted that the parents and guardians of children had every right to treat their children as they saw fit.'¹⁶

Knowledge of the different ways in which adults abuse children has developed greatly since the identification in America by Kempe in the 1960s of 'the battered baby syndrome'. This was greeted with horrified disbelief around the world. The mid 1980's saw the gradual public recognition of sexual abuse of children. The same pattern of high profile media attention and widespread public denial followed by gradual acceptance of the existence of the problem starting with the Maria Caldwell Inquiry in 1974, to the Cleveland, Rochdale and Orkney Inquiries in the 80s and 90s and in 2003 the Victoria Climbié Inquiry.

During the thirty years of the hearings system, statistics have shown a dramatic change in the balance of referrals to the children's reporter. In the early years most children referred to hearings were alleged to have committed an offence. By 1991 this balance had shifted and more children were referred on care and protection matters than for offence grounds.

By their very nature, cases involving neglect or abuse are likely to require compulsory intervention to protect children and are therefore the most likely to be referred to hearings by the reporter. They will probably also be the most complex and difficult cases to handle, and the most stressful for all concerned.

What are we protecting children from?

The following list is intended to give an idea of the range of ways in which adults may abuse children and the possible effects of this abuse. This should not be thought of as a checklist for the 'diagnosing' of abuse, but may help to place certain problems presented by children who come to hearings in the context of the experiences they have undergone.

Categories and possible effects of child abuse and neglect

Physical injury

This involves the actual or attempted physical injury to a child, including the administration of toxic substances, where there is a knowledge, or reasonable suspicion, that the injury was inflicted or knowingly not prevented.

Possible effects include - stunted growth and failure to thrive; a state of 'frozen watchfulness'; fear of strangers; solitariness; aggressive behaviour; learning difficulties.

Emotional abuse

The failure to provide for the child's emotional needs such as to have severe impact on the behaviour and development of the child. Emotional abuse may include a complete absence of affection shown to a child; unrealistic demands for achievement by the child; the 'scape-goating' of one child in a family; gross over-protection; role-reversal where a child is required to look after an adult; manipulation of a child in marital disputes.

The possible effects of such abuse are a failure to grow and to thrive; delay in language development; withdrawal; attention-seeking behaviour; anxiety; inability to express feelings; lack of self-esteem; resistance to trying new experiences; inability to make choices.

Physical neglect

This occurs when a child's essential needs are not met and this is likely to cause impairment to physical health and development. Such needs include food, clothing, shelter and warmth. A lack of appropriate care including deprivation of access to health care may result in persistent or severe exposure, through negligence, to circumstances that endanger the child.

Possible effects of neglect include a failure to grow and to thrive; delay in language and cognitive development; failure to develop self-sufficiency in personal care; low self-esteem; lack of security; risk of accidents through lack of supervision; failure by child to learn discipline and limits of behaviour.

Sexual abuse

Any child may be deemed to have been sexually abused when any person(s) by design or neglect, exploits the child, directly or indirectly, in any activity intended to lead to the sexual arousal or other form of gratification of that person or other person(s) including organised networks. This definition holds whether or not there has been genital contact and whether or not the child is said to have initiated, or consented to, the behaviour.

Possible effects include bowel or bladder symptoms; unwanted pregnancy or sexually transmitted disease; inappropriate sexualised behaviour; low self-esteem; passivity or compliance; absconding; self-injury; depression.

Non-organic failure to thrive

Children who significantly fail to reach normal growth and developmental milestones, where physical and genetic reasons have been medically eliminated and a diagnosis of non-organic failure to thrive has been established.

Possible effects include lack of physical growth; poor weight gain; delay in motor, social and intellectual development.

Multiple abuse

Children may experience a combination of several of these types of abuse. Emotional abuse, for example is usually a feature of other types of abuse.

Children as abusers

Children may come to hearings on grounds that they have committed offences against other children. They may well be in need of skilled professional help and panel members need to know where this is available. If offences have been committed against younger siblings, panel members will have to consider the welfare of these children and the effect of the events on the whole family.

Domestic abuse

This constitutes 25% of all crime. Strathclyde Police reported a 75% increase in incidents in the year 2000 and Women's Aid reported a 16% increase in requests for assistance.

However domestic abuse does not only affect the adults concerned. Where women are abused, in over 50% of cases so too are their children, and 90% of violent situations are witnessed by children. Children themselves can be assaulted because they just get in the way, they are victims of a separate assault or it is a combined assault. In a third of cases children are trying to protect their mothers.

Effects of domestic abuse on children include: feelings of guilt; shame; powerlessness; anger; responsibility; feelings of fear/anxiety leading to low self esteem and lack of confidence; nightmares; disrupted sleep patterns; bed wetting; eating disorders; depression; withdrawal; passivity; aggression; disruptive behaviour; disruption at school - too bruised to attend; caring for mother/siblings; moving home suicidal/self harm feelings. It can also involve isolation from friends. Children may act out violence with friends/family and feel betrayal when their mother supports the abusing partner. For some children the answer is running away or leaving home as soon as they can.

Coming to terms with your own reactions

When dealing with hearings involving child abuse or neglect, the first reaction to the facts of the case may be shock, anger, disgust and revulsion. Panel members may then feel embarrassment, wondering how to discuss these matters in the hearing. It is important in their preparation that panel members try to come to terms with these strong and very natural feelings so that they can act calmly and rationally to seek the best solution for the child. In thinking about their own feelings, it may also help them to realise how much worse it must be for the child.

The child protection system

The processes for referral and investigation of alleged child abuse involve a large number of agencies: social work, police, health, education, the reporter and the courts. Each local authority is required to have clear procedures and guidance for dealing with child protection referrals. ( See Roles, Responsibilities and Resources, and Law and Procedure).

Children's hearings are only one link in a complex chain of events. The number of agencies involved can mean that child and family become lost within the system. As Elizabeth Butler-Sloss wrote in the Cleveland Inquiry Report in 1989 (page 245):

'There is a danger that in looking into the welfare of children believed to be the victims of child sexual abuse, the children themselves may be overlooked. The child is a person and not an object of concern.'

Following a series of public inquiries in Scotland and England that catalogued mistakes made by agencies severely under stress, real efforts have been made to reduce the complexities of the child protection systems and make them more child-friendly. Attempts are made to keep the number of interviews and medical examinations which children are required to undergo to a minimum. Many of the changes to emergency protection procedures in the Children (Scotland) Act 1995 were introduced to take account of recommendations made by Lord Clyde following the Orkney Inquiry in 1992.

Guidance was issued by the Scottish Executive in 1998 and in the forward to 'Protecting Children - A Shared Responsibility' Donald Dewar said:

'As a responsible society we must accept that it is our duty to ensure as far as possible that children are not exposed to the risk of harm. …. A number of statutory agencies and voluntary organisations assist children in a variety of ways. Dealing with child abuse is not, however, the preserve of any one public or voluntary service. If they are to protect children effectively, they must collaborate closely.'

This is reinforced in the 2002 Scottish Executive Report "It's everyone's job to make sure I'm alright" where the forward states

'Every adult in Scotland has a role in ensuring all our children live safely and can reach their full potential. ….. As children grow and extend their horizons beyond their homes, organisations such as school and youth groups have a particular role in safeguarding children. They also educate children about the risks and how these can be managed.'

Investigation or therapy?

Child protection remains an emotive subject. It produces strong reactions that may cloud the issues in the search for systematic responses. Legal systems struggle to balance conflicting rights of children and adults. The search for evidence sometimes delays or takes precedence over help being offered to the child.

It is often difficult to collect enough evidence to prosecute adults who abuse children. However a child may be referred to a hearing and grounds are established on the balance of probabilities. In other words, the incident is more likely to have happened than not. This may be the case where there would not be sufficient evidence to prove a criminal case as in a criminal case proof has to be beyond reasonable doubt. It is important to understand the ordeal that child witnesses have to endure when giving evidence in any legal proceedings, especially if this includes confronting an alleged abuser. Many children are not able to give their evidence at the critical moment. Various arrangements now exist to support and protect child witnesses, but these vary from court to court due to resources.

Decision-making in child protection cases

Because it involves the child and the family, a hearing can be a very effective setting in which to make a decision about how to protect the child. As in all cases, decisions will be based on all the information available from reports and discussion in the hearing. Hearings have to decide whether compulsory measures of supervision are necessary, and if so, what these should be. This will entail knowledge of what resources are available locally and careful examination of the social worker's recommendation. Can the necessary protection be assured for the child at home, or do the existing risks make removal the only option? If the child is to live away from home, detailed discussion about the arrangements for contact between child and family is essential.

In order to make decisions in child protection cases, panel members must:

• be well-prepared in order to understand the circumstances of complex cases
• be confident of procedures
• know powers and the decisions that can be can made
• be able to control feelings in stressful and difficult hearings
• show sensitivity in communicating with children and families
• know what suitable resources are available
• assess risk.

12 PERMANENT PLACEMENT AWAY FROM HOME

'However adverse a home, the child lives in familiar surroundings and is looked after, however inadequately, by familiar people. Being taken from it means the collapse of a world he has accepted and trusted as the only one he knows. The younger the child, the greater the distress at being removed to an unfamiliar environment. The more limited his understanding of verbal explanations, the greater is his likely bewilderment and the more difficult the task of restoring his sense of security; also he may feel that it was his naughtiness which led to his being sent away.'¹⁷

The right to be brought up in a loving family is enshrined in the UN Convention on the Rights of the Child. This right is further endorsed by the Children (Scotland) Act 1995, and the European Convention on Human Rights. The need to be brought up in a stable secure environment is essential for all children and for most children this will be their biological family. For some children alternative families have to be found. The legal process is explained in the section on Law and Procedure and the resources that are needed are covered in the section on Roles, Responsibilities and Resources.

Attachment

'Children differ in the way they respond to being separated from their parents. This response varies from severe depression in children who are well attached to their parents and then abruptly separated from them, to almost no reaction in children who have been emotionally neglected and have virtually no attachment to their parents.'¹⁸

The key to healthy emotional development lies in the development of good attachments for the child. Attachments develop:

• by the child having a primary carer who is available for the child and responds reliably to the child's expressed need
• by having a carer who initiates positive interactions
• by the primary carer ensuring someone else known to the child can respond to his or her needs if the carer is not there.

Attachments help children to attain their full social, intellectual and psychological potential, develop a sense of conscience, become self-reliant and handle the world. Attachments are developed through touch, sound and visual contact.

Attachment is defined by Kennell as 'an affectionate bond between two individuals that endures through space and time and so serves to join them emotionally.'

Children have the right to stay with their own family whenever possible since this unit should provide the stability and security for their development. However, for some children subject to abuse and harm, removal from home is a necessary step to protect them. In some cases, where there is a commitment to change by the parents, children can be rehabilitated back home. For other children where the parents cannot/will not make the necessary changes and offer consistency in their responses to their child, a decision about moving to a permanent new home where care and security can be provided has to be taken.

Although children may have been subjected to abuse of some form, they nevertheless will have some form of attachment to their biological family. When assessing attachments consideration should be given to the responses of the parent to the child, the parent's reaction to their child's distress - is there physical contact and eye contact and pleasure in each other's company? Attachments also affect the child - does he or she expect a response from the adult, appear afraid, show distress, react to brief separation and avoid close contact?

Where there is no commitment to change and the decision is for the child to move to a permanent placement, consideration must be given to contact between the child and its biological family. The move to a permanent placement is intended to achieve the stability, continuity and security of care for the child that is currently missing. Decisions about permanent care will need to be made more quickly with younger children to enable them to develop the attachments necessary for healthy development.

When rehabilitation plans have failed and consideration is being given to a move to a permanent placement, panel members need to know that an assessment has been based on:

• the child's age and stage of development
• previous separations and how the child was helped
• the nature and quality of the child's attachments
• what work is being undertaken to build a secure attachment
• strengths and resilience of the child and the parents
• the child's behaviour
• the child's relationship with carers.

Loss and separation

Children involved in the hearings system may also have experienced loss and separation. Their reactions will vary considerably depending on their age and understanding, on their carer's ability to explain what is happening and on the quality of their attachment to a primary carer.

Children can be helped through loss and separation by sensitive preparation, clear explanations, assistance to express feelings and fears and by secure and loving care in the absence of their primary carer. Often families will be able to offer that within the extended family network but for others it may well be foster carers who will try to meet the child's needs.

Children, despite often serious losses and deficits in care, may have resilience in a range of areas. For children who may be separated for a long period it is important they have a coherent story about what has happened to them and why it happened (so that they don't blame themselves for all the problems). The carer must be prepared to go over and over the story of their early years and recent events.

Contact

Decisions about a parent's contact with a child are matters that require serious and careful thought. The views of the child need to be considered carefully, along with those of the parents and any agencies involved with the family. In order to make good decisions about contact those involved should be able to evaluate the impact of past events, relationships and circumstances. Contact decisions should always be based on the child's best interests including safety. They have to have a clear purpose: to enhance the psychological and developmental progress and well being of the child and to help the child with 'Who am I?' and 'Why am I here?'.

Contact need not be face to face but may take the form of telephone calls, letters, cards, and gifts. Contact by phone can be very hard to supervise. It may cause considerable distress to the child without carers being able to know what it is that a parent is saying.

Contact with others should also be considered. Although there may be a need to cease contact with one member of the family there may be others with whom the child should remain in touch - brothers, sisters, grandparents, extended family and friends. For children moving back home or into a new home contact with foster carers who have been in their lives for some time may be essential if the child is to move on.

The location of the contact, timing and frequency may also need to be considered. It may be necessary for the contact to be supervised if there are concerns about the safety of the child, both physical and emotional.

Contact is most likely to work if all those involved are in agreement. Contact needs to help the child build self-esteem and that he or she has permission to grow in their new family.

Arrangements should be kept under review. If distress to the child increases or if it is impeding the establishment of good attachments elsewhere, questions need to be asked about whether it continues to meet their needs. If contact is problematic because there are fundamental problems in the parent-child relationship, attention will need to be given to ending it.

13 SUMMARY

When making decisions about children at hearings, panel members have to consider each child as an individual. This means taking account of age, stage of development, family circumstances, health, ability and social environment. All these external and internal factors affect children as they grow and will have an impact on their past, present and future.

Sometimes children put themselves or other people at risk by their own behaviour. Often it is other people's behaviour that causes children to be at risk. Whatever the reason for the child's appearance at a hearing, panel members must remember to consider the child 'as a whole'.

14 FURTHER READING

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