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

Appendix 1
THE BLUEPRINT FOR THE PROCESSING OF CHILDREN'S HEARINGS CASES

The Blueprint for the Processing of Children's Hearings Cases lays down inter-agency codes of practice and National Standards. It outlines the following pre-requisites for the delivery of a high quality service:

• minimal delay
• effective communication with children and families
• participation by children
• inter-agency co-operation
• facilities that meet the needs of all service users.

Stage 1: incident to receipt of referral by reporter

Code of practice - criteria for referral

1. Following consultation with other agencies SCRA will issue up to date guidance on referral criteria and on what information is needed when a child is referred to the reporter.
2. Each agency will implement mechanisms to promote compliance with guidance on criteria for the referral of a child to the reporter.
3. In given circumstances and in keeping with the agreed joint policy the police will consider issuing a warning instead of referring a child to the reporter.
4. Agencies will operate a system that allows for prompt and direct referral to the reporter.

Code of practice - the referral process

1. Each agency will have clear arrangements in place for the referral of a child to the reporter.
2. Any decision to refer a child to the reporter will be implemented with the minimum of delay.
3. Agencies' internal administration systems will minimise delays in the referral process.
4. The police will report incidents to the reporter with minimum delay.
5. Police reports will be in nationally agreed format
6. In jointly reported cases the police will operate procedures to ensure simultaneous delivery of referrals to the procurator fiscal and the reporter.
7. Procurators fiscal and reporters will liaise regularly at local and national level to ensure co-operation over children's cases.
8. Education departments will operate clear and consistent policies that allow schools to refer children directly to the reporter.
9. In child protection cases the minutes of case conferences will record explicitly whether or not a decision has been taken to refer a child to the reporter and any decision to refer a child to the reporter will be implemented by the named person with the minimum of delay.
10. Any individual or agency who may decide to refer a child to the reporter contrary to a child protection case conference decision should inform the case responsible social worker.
11. Health Boards and Trusts will ensure that SCRA guidance about referral criteria and the legal framework is disseminated to all relevant health professionals through both managerial and professional structures.
12. Police and education departments will make referrals to the reporter as and when they arise rather than in periodic batches.

Stage 2: Receipt of referral to reporter's decision

Code of practice - report requests

1. In keeping with SCRA guidance on the level of investigation required on receipt of a referral, reporters will request reports from agencies where essential for effective decision making.
2. Guidance agreed between SCRA and ADSW will; distinguish between the range and extent of information expected of Initial Enquire Reports (IERs), Initial Assessment reports (IARs) and Social Background Reports (SBRs).
3. SCRA will issue clear guidance to staff on the recording of information acquired by telephone and on the status of such information.

Code of practice - Timescales for the return of reports

1. In every request to another agency for a report or information the reporter will specify a date for the return of the report or information.
2. Report providers will give early notice to the reporter of any reasons why a report cannot be submitted on time.
3. Individual agencies will take responsibility for complying with agreed timescales and monitoring of delays.
4. Education services will have in place systems for the provision of written information to the reporter throughout the year.
5. In accordance with the nationally agreed protocol health services will have in place clear arrangements for the provision of reports about children to the reporter.

Code of practice - The views of children

Social work departments will ensure that the views of children are sought and included in social background reports/reports for hearings.

Code of practice - The reporter's decision

The reporter will make a decision about a referral with the minimum of delay.

Stage 3: Reporter's decision to initial hearing

Code of practice - The scheduling of hearings

The reporter will take full account of family circumstances and commitments when arranging a children's hearing.

Code of practice - Notice of hearings

1. The reporter will give as much notice as possible of a hearing date to all those expected to attend.
2. Reporters will provide children with written information about children's hearings
3. Social work departments will ensure that children and families are given sufficient information in advance of their hearing to enable them to participate fully in the process.
4. Each agency will inform the reporter of changes of address or other family circumstances that may become known to them in advance of the hearing.

Stage 4: Initial hearing to disposal

Code of practice - Accommodation for hearings

SCRA will provide accommodation for hearings that complies with its stated property standards.

Code of practice - Punctuality of hearings

1. In the course of hearings sessions panel members and others will take account of the impact of delay on families in attendance at the hearings centre who are kept waiting beyond their scheduled time.
2. When hearing sessions are running behind schedule, SCRA staff will keep families informed of how long delays are likely to last.

Code of practice - Avoidance of unnecessary continuations

1. Whenever possible, the initial hearing will be provided with sufficient relevant information to allow full consideration of the case.
2. Agencies will ensure that they provide appropriate representation to allow full discussion of the case.
3. Education departments will provide a service for attendance at hearings outwith school term where considered necessary by the reporter.
4. The social work department will be represented at all hearings by the caseworker or appropriate substitute.
5. In making recommendations for disposal, social workers will provide as much detail as possible about relevant options, including residential placements.
6. Whenever possible, the reporter will schedule a date for a continued hearing at the end of the current hearing.

Code of practice - Safeguarders

1. In stating their reasons for appointing a safeguarder, panel members will specify as clearly as possible those aspects of the case that they wish the safeguarder to investigate.
2. A date for submission of the safeguarder's report will be specified on appointment and should only be extended if the interests of the child so require.
3. Local authorities will operate procedures to ensure that safeguarders are allocated to cases with a minimum of delay.
4. Reporters will ensure that safeguarders receive case papers with the minimum of delay.
5. Reporters will provide safeguarders with a list of relevant contact addresses and, where available, telephone numbers.
6. Local authorities will review their safeguarders' panel regularly to ensure that adequate numbers of safeguarders are available to meet demand.
7. Safeguarders will submit their reports with the minimum of delay.
8. Safeguarders should attend children's hearings to facilitate full discussion of children's cases.

Code of practice - reports from mental health professionals

1. In the planning and resourcing of children's services, Health Boards and Trusts will take account of the role of all health professionals, but particularly those working in child and adolescent mental health services, in producing reports for the reporter and for children's hearings.
2. SCRA and Children's Panel Training Organisers will ensure that reporters and panel members receive training on the appropriateness of requesting reports from child and adolescent mental health professionals as a contribution to their decision making.

Code of practice - Cases referred for proof

1. When a case is referred for proof reporters will provide families with appropriate written information about going to court, obtaining legal advice and, where appropriate, applying for legal aid.
2. Liaison will take place between reporters and the Scottish Court Service to avoid delay in the scheduling of children's cases.
3. The reporter will give all those having a right, or required, to attend a proof hearing as much notice as possible of the court date.
4. Efforts will be made to avoid court adjournments and to ensure that cases go ahead on the scheduled date.

Code of practice - Disposals

1. Written notification of the outcome of a hearing, together with a copy of the reasons for the decision, will be sent to the child and family with the minimum of delay.
2. Supervision requirements will be implemented with the minimum of delay.

Appendix 2
NATIONAL STANDARDS FOR SCOTLAND'S YOUTH JUSTICE SERVICES (2003)

This is a strategic framework of national objectives and standards for Scotland's Youth Justice services, to help achieve a national target of reducing the number of persistent offenders by 10% by 2006.

Objective 1: Improving the quality of the youth justice process

The youth justice system has been criticised for variation in decision-making by Reporters and the varying quality and availability of social work reports across the country. If a sustainable reduction in offending is to be achieved, the assessment of young people who offend and the quality of reports provided to the Children's Reporter and to hearings must be improved.

Standards for the quality of the youth justice process:

• The Reporter will inform the local authority Social Work Department about every young person referred to him/her on offence grounds where this referral could be relevant to the Reporter's decision or to current or planned intervention with the child. If the local authority, or an agency acting on its behalf, has information likely to be relevant to the Reporter's decision, it will complete an appropriately detailed report or assessment for the Reporter.
• Every young person referred to a hearing on offence grounds will have a comprehensive assessment delivered on time to the hearing, with the young person's caseworker in attendance at the hearing.
• Every young person referred to a hearing will have an action plan, developed from the comprehensive assessment. This action plan will state the options for the programme/interventions to be followed; who will deliver them; the case management arrangements and the intensity of contact and supervision required.
• Every action plan will be reviewed within two months of the initial hearing by the young person's case manager. The action plan should be updated and reviewed within 3 months of this first review and at intervals agreed between the case manager, young person and others as appropriate, thereafter, endorsed by the Reporter and further hearing, where necessary.
• Every comprehensive assessment must be completed using ASSET/YLS-CMI assessment tools.

Objective 2: To improve the range and availability of programmes to stop youth offending

The Group noted that the Scottish Executive had funded youth justice teams to complete an audit of patterns and types of youth offending in their areas. The next steps are for teams to ensure that there is an appropriate range of programmes available to tackle and reduce offending behaviour in each area.

Research suggests that there is no single programme or intervention that has all the answers to reducing offending. Rather, a range of approaches is required. Programmes used should be based on a comprehensive assessment of the young person's offending behaviour and the reasons for their behaviour.

We would expect, however, that a core repertoire of community-based programmes in each area would include:

• Intensive community based support and supervision
• Restorative justice approaches
• Family/parent support
• Cognitive skills
• Anger management
• Alcohol, drugs and mental health programmes
• Diversionary projects.

The Executive will introduce an evaluation toolkit, by the summer of 2003 to help youth justice teams identify whether the programmes they have in place are working and to identify success measures when they are commissioning or reviewing programmes.

The Executive will also finalise plans in early 2003 for the accreditation of youth justice programmes. We intend to work towards the availability of a comprehensive range of nationally accredited community and residential based programmes and interventions by 2006.

Standards for the range and availability of programmes

• To have a range of programmes in place that will address the nature and pattern of youth offending identified in the area's audit of youth crime.
• To ensure that the programmes recommended in the action plan submitted to hearings are available for that young person.
• To implement every supervision requirement made by a hearing (subject to the discretion available to the Chief Social Work Officer in respect of secure authorisation).

Objective 3: To reduce the time taken to reach and implement hearing decisions

Audit Scotland has identified one of the characteristics of an effective youth justice system as taking as short a time as possible to process and reach disposal. The Group has built on existing standards for the police, reporters, local authorities and children's panels to outline how the objective can be achieved, of reducing the time between charges being made to reaching and implementing the decision of the hearing.

Standards for the time taken to reach and implement a decision

• The time from the police caution and charge to the implementation of hearing decision should be reduced to 80 working days by March 2006.
• The police will provide a report to the Reporter within 10 working days of cautioning/charging the young offender.
• The reporter will request an assessment from the Social Work Department within 2 working days of receipt of the offence report.
• The youth justice team will submit the assessment of the young person's offending behaviour and the action plan within 20 working days of Reporter's request.
• The Reporter will make a decision about a referral to a hearing or to other agencies, if appropriate, within 28 working days of receipt of the assessment.
• Hearings will be scheduled to take place within a maximum of 15 working days of date of being advised of the decision of the children's hearing.

In addition, the agreed inter-agency standards and Code of Practice set by the Time Intervals Working Group should also be met:

• The Reporter will inform the child and family of the outcome of a referral within 5 working days of making a decision.
• Education reports should form part of the assessment of the young person and the recommended action plan. If the Reporter requires additional information, it should be received within 10 working days of Reporter request.
• All relevant people, information and resources will be available to hearings to ensure that continuations are kept to a minimum. At least 75% of hearings will proceed to disposal.
• Child and adolescent mental health professionals will submit reports within 6 weeks (30 working days) of the date of the request by a children's hearing.
• The child and family will be sent written notification of the outcome of a hearing within 5 working days of the hearing.

Objective 4: To improve information on youth justice services to victims and local communities

The Group noted the multi-agency Victim's Sub-group was developing proposals for national standards to improve information and support to victims and to extend the role of restorative justice approaches.

It also noted the Executive's intention to bring forward proposals for supporting youth justice teams in improving communications with their local communities.

Standards for the information provided to victims and local communities

• Every victim should receive information about the process for dealing with the young person who has committed an offence against them and the outcome.
• Every victim of a young offender referred to the reporter on offence grounds will have the opportunity to engage in a mediation or reparation scheme, where appropriate.
• Every area's youth justice team will publish annual performance information about the area's youth justice system, youth offending and the offences committed by them.

Objective 5: To target the use of secure accommodation appropriately and ensure it is effective in reducing offending behaviour

The Group believes the number of young people re-referred to secure on offence grounds should be reduced. Baseline data should be established for 2003-04. A substantial minority of young people are placed in secure accommodation on an emergency basis or on a short term warrant. The Group recognises that it is hard to set standards for these cases, but believes that the principles of sound assessment , planned and appropriate throughcare and aftercare arrangements must apply to all young people in secure accommodation, regardless of the length of their stay.

To balance these quantitative measures, the Group welcomes the Scottish Executive's proposals to develop and enhance the range of programmes available in secure accommodation. It believes these should be among the first to be considered for accreditation.

Standards for secure accommodation:

• Every decision to place a young person in secure must meet the legislative requirements of s.70(10) of the Children's (Scotland) Act 1995:
• The reasons for not implementing a secure authorisation will be provided to panel members or the police by the youth justice services team, at an appropriate forum, for example through the Local Authority Review Group meeting.
• The following information must be collected on an annual cycle and shared with appropriate agencies and local communities:
  • the number of secure authorisations made
  • the number of authorisations continued - with reasons to be provided
  • the number of secure placements agreed by the area's Chief Social Work Officer
  • the number of authorisations turned down by:

• All relevant background information, including the ASSET/YLS-CMI assessment, held on the young person should be passed by the young person's caseworker to the secure unit within two working days of admission. Information that may indicate concerns about risk of harm either to self or to others should be passed on immediately.
• The young person should have a named caseworker from within their home authority with whom the secure unit maintains regular contact and who is responsible for developing the aftercare plan for the young person.
• An action plan detailing the objectives for the care of the young person while in secure, including educational provision and a health assessment, should be completed by secure staff, within ten days of their entry into the unit.
• The individual's plan should be reviewed at least monthly by the unit, the named caseworker, the young person and their parent/advocate.
• Every secure authorisation must be reviewed within 3 months by a children's hearing.
• A representative of the secure unit and the young person's caseworker must attend every children's hearing held to review the young person's supervision requirement.
• Every young person will have an aftercare plan covering a period of at least 3 months following the day of departure from secure accommodation.
• The young person's caseworker must discuss the aftercare plan with the young person at least 21 days before their planned departure and agree this with the young person at least 5 days before their date of departure.
• The young person's caseworker will meet the young person within 1 working day of their release from secure and meet at least weekly following this.
• The aftercare plan will be reviewed by the young person's caseworker and the young person after 3 months and regularly after that whilst the young person is under a supervision requirement.
• The young person's aftercare plan should include re-introduction into education or training, as appropriate.

Objective 6: To improve the strategic direction and co-ordination of youth justice services by local youth justice strategy teams

The Group identified that an effective strategic process, characterised by co-ordinated action among the youth justice service providers, was required if national standards were to be achieved.

Standards for each area's Youth Justice Strategy Team

• To produce an annual report on the area's youth justice services. This will include the area's performance in achieving the national standards, the area-wide development of inter-agency measures such as community satisfaction, reduction in the fear of crime and truancy and exclusion rates, and its spend on youth crime.
• To commission and update annually an audit of youth crime in the area; its characteristics, patterns and location.
• To identify, allocate and pool, as necessary, the resources, available from each of the strategy group's partner agencies to ensure effective delivery of youth justice services and to provide financial monitoring information to the Executive, on request.

To produce the area's communications strategy for its youth justice services by September 2003 and update it annually thereafter.

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