The Children's Hearings System in Scotland 2003: Training Resource Manual

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

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

1 INTRODUCTION

Communication is the basis of children's hearings. Good communication in a hearing should ensure that all involved will come away feeling listened to and that the decisions made were based on the best information available, including the views of the child. Hearings are intended to be a process of two-way communication.

This section will examine what is meant by communication; giving explanations; non-verbal communication; talking to children and to adults; questioning and listening techniques; written communication; and, dealing with sensitive and difficult situations in hearings. It also explores how disability may affect communication and ways in which communication should be adapted to suit different need.

2 WHAT IS MEANT BY COMMUNICATION?

Communication is not simple. It encompasses the spoken word and its interpretation by the listener; the gestures, facial expressions, glances - all the other ways we have of expressing our views with our body rather than with the spoken word; and the written word via letters, reports and legal documents. All these aspects of communication feature in a children's hearing and will play a part in how each person present comes to understand or fail to understand what is happening. Some of the legal requirements are framed to encourage communication and stress the importance of it by the use of words like 'inform', 'explain', 'obtain the views of', 'discuss'.

Legal obligations

It shall be the duty of the chairman to explain to the child and the relevant person the grounds stated by the reporter... for the purpose of ascertaining whether grounds are accepted in whole or in part...... s.65(4)

The chairman shall explain the purpose of the hearing. Rule 20(2)

The chairman shall inform the child and his parent of the substance of any reports. Rule 20(4)

The hearing shall discuss the case........ Rule 20(3)(d)

The hearing shall take steps to obtain the views of the child Rule 20(3)(d)

The hearing shall endeavour to obtain the views of ..any relevant person and of any safeguarder..... Rule 20(3)(d)

The chairman shall inform the child, any relevant person, any safeguarder, and any representative....of the decision, the reasons for decision and the right... of appeal to the sheriff.... Rule 20(5)(c)

The chairman shall make or cause to be made a report of the decision ... and a statement in writing of the reasons........... Rule 10(5)

Communication is not straightforward. It requires a sender of a message and a receiver. The receiver will interpret the message sent according to his or her past experiences, level of development and understanding, current emotional state and his or her understanding of what is at stake as a result of the message being given.

What is effective communication?

Effective communication occurs when both the sender and receiver are both sure that each understands the message sent. This means that the sender must give clear messages which match both verbally and non-verbally. Sometimes the words used may be inviting and hospitable but the tone of voice and body language conflicts with this, e.g. a mother saying to a teenager 'I said you could go out' but the tone is harsh, the facial expression tense and arms folded. The teenager might then be confused - should he or she obey the spoken word and go out or follow the interpretation of the body language and stay in? Good communication should allow both the sender and receiver the opportunity to check with each other that the message is clear.

Listening is also an important part of good communication. If the receiver of a verbal message has developed good listening skills then the sender will feel respected and thus may be able to explain or discuss matters in more depth. Good listening allows the receiver to pick up the feelings behind the words.

Barriers to effective communication in hearings

The communication process during a hearing is highly complex. Imagine what it must be like for a family to be confronted by strangers whose task is to discuss the family's most difficult problems and reach a decision about the future of their child.

Children and families are likely to be anxious, distressed, resenting the intrusion into their privacy by strangers, and very conscious of the power of the panel members to intervene in their lives. It is therefore important that surroundings are made as welcoming as possible and, before the hearing starts, consideration should be given as to how the room is arranged (within the limitation of the furniture and space in the hearing room). The timetable may be tight and tension will increase if a family is kept waiting. There is pressure on panel members to get the legal procedures correct, but they should also try to achieve a supportive, informal atmosphere which encourages children and families to express their points of view freely and contribute to the decision-making.

English might not be the first language of a child or parent. A family member may have learning difficulties or a health problem which may affect their capabilities to hear, speak or understand. Panel members and professionals may use professional jargon which is not understood by the family. Social workers and other people attending hearings all have their own worries and concerns. With so many built in barriers to 'good' communication, it is hardly surprising that young people and families sometimes fail to understand what is going on and express a critical view of hearings.

3 NON-VERBAL COMMUNICATION

Research has shown that when people communicate face-to-face less than 10% of the impact comes from words that are said. Over 90% of the impact is determined by non-verbal communication. Non-verbal messages are received in various ways, through sight, hearing and even smell. They are an important and often unconscious factor in communication.

In a children's hearing panel members will be picking up signals about the family and vice versa. Although it is important to be aware of these signals they are not always easy to interpret and it is important not to jump to conclusions. The interpretation needs to be checked out e.g. a young girl might be wriggling around in her seat and taking no notice of what is being said to her - this may mean that she is bored by what is going on or it could mean that she wants to go to the toilet but is afraid to ask!

There may be cultural differences which will effect both the behaviour itself and its interpretation. For example in some cultures avoidance of eye contact with figures of seniority and authority is considered to be respectful.

Sight

This includes outward appearance: clothes, hair, make-up, cleanliness, signs of ill-health, appearance in relation to age. Body language is important in terms of facial expressions which may reveal mood or emotions, avoidance of eye contact. Some people will sit straight, others slumped down, some with arms crossed. There may be close contact between family members or none at all. People may use gestures, have trembling hands, wriggle, yawn. However, it is important not to rely on body language alone as appearances may be deceptive.

It is important for panel members to think about how they sit during a hearing, where they look, whether they smile, frown, nod their head, sigh, tap fingers, click or point pens, and flick through reports. All these will give messages to others which might mean the difference between a productive and a non-productive discussion.

Sound

The tone of voice used can indicate a person's feelings more than the words that are being used. The volume too may be a helpful indicator. Some people may talk rapidly when nervous - others may stammer and stutter. Some might use silence to give them time to think about their answers. Panel members should not rush in to fill a silence - they should try to allow time for people to gather their thoughts. To be an effective communicator panel members need to ensure that their body language and tone of voice match what they are saying. Problems can arise when they say one thing, but look and sound as though they mean something else.

Smell

On occasions people attending hearings may smell of alcohol, which may indicate their anxiety about coming to a hearing or their dependency needs. Sometimes people may have body odours which may indicate poor hygiene standards or a physical illness.

Self awareness

Communication is a two way process. When we speak face-to-face with someone else their senses are taking in what we look like and how we sound. Their brain interprets all this based on their past experiences and view of the world. Meantime we are doing something similar. People behave differently in different situations. Panel members should not be too influenced by their first impressions. They should check the facts before making judgements about others.

It is important for panel members to be conscious of their own feelings, attitudes and values and how these may colour their decisions and lead them to jump to conclusions. They need to be aware of the messages they are giving out during the hearing - their own stress, anger, embarrassment may influence how they react.

4 COMMUNICATING WITH CHILDREN

Children's views

The need to seek children's views is one of a panel member's most important but also most difficult tasks. The Children (Scotland) Act 1995 reinforces the right of children to be consulted about decisions in their lives, in keeping with Article 12 of the UN Convention. In making decisions about children, hearings must go through three specific stages:

give the child an opportunity to indicate whether he or she wishes to express any views
if so, give the child an opportunity to express them
have regard to the views expressed by the child.

In doing this, panel members must take account of the age and maturity of the child, and it is presumed that a child of twelve years of age or more will be mature enough to form a view. However this does not mean that the views of children below this age should be ignored. Even very young children can make important contributions to hearings if encouraged to do so in appropriate ways. The Rules also allow the child to express their views in writing or on audio or video recordings.

Though hearings will not always make the decision that the child wants, the child's views must always be an important factor contributing to the decision. Conversely, panel members must respect the right of children not to express views if they do not choose to do so.

Children's experiences of hearings

Panel members often find children reluctant to talk at hearings. Many children find panel members scary, preoccupied and condescending. Various research studies have shown that almost all children and young persons who have had some experience of children's hearings have found them 'scary' unless they were too young to understand what was going on. Older children describe being 'nervous' because:

'Its frightening to have to go and talk in front of lots of people'. (Thirteen year old boy)
'They are all strangers. I don't know them, but they know all about you.' (Thirteen year old girl)

As young people become more familiar with the system over time, exposure to it becomes less nerve wracking:

'The first and second time I found it hard to speak. Then I found it easier at panels after that.'

Children and young people's experience varied. Those who had positive experiences commented that:

'It's not too bad'
'You think everyone will shout at you but they don't. They act normal.'
'They were listening (you could tell they were listening) because of the way they were answering back.'

Those who had more negative experiences commented that panel members were not really listening to them because:

'They shuffled papers... while I was speaking'.
'They didn't look at you.'
'Adults don't listen to children.'
'They wanted me to talk about my mother but she was sitting there right beside me. How could I do that? It was so embarrassing.'
'You can't tell what they are saying because they use a lot of long words, like jargon.'

Child's stage of development

A child's age may have a bearing on their understanding about what is taking place at a hearing. However, age itself may not give a clear indication of what stage the child has reached. Some background knowledge of child development will give some indication about how children of particular ages are likely to respond in hearings. There are no hard and fast rules and there is no way that a child's or a young person's developmental level can be assessed in the few minutes available in a hearing, but it is useful to operate from some basic knowledge of children's thought processes, needs and likely reactions at different stages.

Language is shaped by experience. Children pick up the words in their vocabularies first from what they see, hear and experience around them and then from listening to how those words are put together in sentences. Children learn, for instance, from the people around them what the function of a question is. 'Do you want another biscuit?' is probably a request for information; 'Do you want another spanking?' probably is not. Children learn how they are expected to talk to adults and other children. Not all families put the same value on words and how they should be used.

Younger children

Young children need to feel it is safe and appropriate to talk and they are more likely to be forthcoming if panel members have managed to gain the trust/approval of their parents first. This gives the child the message that it is OK to talk to these strangers.

With pre-school children, there is obviously a need to concentrate on using simple language: it's no good asking a five-year-old who has been battering his little sister what he understands by 'sibling rivalry'. Children of this age group think in a very concrete way, with themselves at the centre of their world, surrounded by their immediate family. They are mainly conscious of actions; they can recall facts and events and can express clear feelings. They tend to react spontaneously but have a short concentration span. (No wonder they are wriggling during a forty minute hearing.) This has implications for the kind of questions to ask 'Who takes you to school in the morning?' 'What do you do when your mum and dad are arguing?'. It may be helpful to start with an easy question and then expand it in greater depth: 'Tell me what you do at playtime . . . What happens when the other boys take your ball?'

Young children can easily cope with what? who? where? questions seeking factual answers. When? is harder as they have a hazy idea about time. They find why? even more difficult as they don't understand the notion of cause and effect - that one thing was actually the result of another. Also why? is often associated with blame and scolding - 'Why on earth did you leave your bike out in the rain?' A child under eight is unlikely to be able to identify shame and guilt. They see this more as a function of getting caught - the presence of a disapproving adult rather than an emotion arising in themselves.

They understand and can express basic feelings - happy, sad, scared, angry. As early as three to four, children learn to mask real feelings as they become aware of what is expected and approved of. Adults expect children to be well-behaved and obedient, and most children will act accordingly once they learn the 'rules'. At around six they begin to realise that it is possible to feel one way and act another, that they can intentionally deceive if they have reason to do so, either in self-protection (not to get into trouble) or to protect someone else from distress. If their own survival depends on these skills, they can acquire them much earlier. This can be important for children in families where abuse is taking place who will want to avoid giving answers in hearings.

From a very early age, certainly by the start of primary school, children become skilled at testing adults' likely reactions before committing themselves to an answer. Most children will look for approval and panel members need to be able to reassure them that it is safe and appropriate to talk. This will entail establishing rapport with the parents. Though they have developed in understanding and ability to express themselves, children of this age still regard themselves as powerless in comparison to grown-ups who expect them to do as they are told and speak when they are spoken to. It may be very confusing if they are aware that panel members are urging them to talk while their parents are hoping they won't.

It is important to know that the child has understood what he or she has been asked. Experiments have shown that young children rarely ask questions or request more information when they don't understand what is being asked of them. They are more likely to try to give some sort of answer in order to please a persistent questioner, but they may in fact not have understood the question at all. In fact most children when asked the question 'do you understand?' will always answer 'yes' even if they don't understand what has been asked of them. This has particular implications for the chairman of a hearing putting grounds for referral. Panel members must find ways of checking that children have really understood, for example getting child to repeat in his own words what the grounds are.

Some children are reprimanded if they say 'no'. Parents and adults may say to them 'don't say "no" to me' so they are afraid of answering any question with a negative.

It is important to aim for simplicity and clarity, using simple words and short sentences and to have one idea per question or sentence.

Teenagers

In the teenage years, children learn to think out issues and to express more complicated feelings and ideas. They begin to judge adults and compare them with others. They often suffer agonising embarrassment because of some aspect of their parents' behaviour. They are self-conscious and searching for their own identity in relation to people around them. They become interested in emotions and abstract issues - life, death, love, sex - and will discuss these with their contemporaries, but many have great difficulty in talking about their feelings with or in front of their parents, let alone during a hearing. Picture the silent teenager with the head sinking lower and lower.

Teenagers will react very negatively to being patronised - panel members should not concentrate on the phrase ' children's hearings'. This age group often finds particular difficulty in speaking out in front of their parents, especially about problems which are personal to them. Panel members should try to express their understanding of the difficulty and explain why they want to know the answers to their questions. Young people should be given the chance to say what they want and in some way set their own agenda.

Communication in the hearing

The purpose of communication in a children's hearing is for panel members to gather information and make a decision on what is best for the child. Both children and panel members may use strategies to cope.

Explanations

In order to secure a child's participation in a hearing it is important that he or she knows what is going on. Clear and concise explanations are therefore the key to good communication. They are important for the following reasons:

to make clear from the beginning that the child's contribution is important
to let the child know the subject of each part of the discussion and why issues are being discussed
they alert the child when topics are changed
panel members can check on the child's understanding of the words being used
they allow panel members to frame statements in terms of the child's experience
panel members can check for miscommunication on the part of the child and on the child's understanding of language and expression.

Children's strategies for dealing with hearings

Research indicates that children have been observed to adopt a number of strategies They may:

act normally (This is most likely to be the case when dealing with younger children aged five and under who have little understanding of what a hearing is about.)
engage in dialogue with panel members (Some children, once they have got over their nervousness, respond to panel members' attempts to engage them in discussions about their future and participate as best they can.)
tell panel members what they think the hearing want to hear, rather than expressing their own views.
rely on an adult to express their views for them (Where a child trusts the social worker or another adult to express his or her point of view, the young person's position should not be prejudiced by the lack of participation.)
try to make themselves invisible (In many cases children and young people feel embarrassed to be in the company of adults at a hearing and long 'to get it over with'. Sitting slouched in their seat, face down with a baseball cap covering most of their face, their body language and demeanour signal their desire to be anywhere but at the hearing.)
disengage from proceedings. (In some cases young people attempt to retain control over their situation in a hearing through defiance. They refuse to acknowledge panel members' authority over their person. They may shout and swear at the panel members and even storm out of the hearings room.)

Helpful strategies

Various strategies may be used to support and encourage children and young people in the setting of a hearing. Some of these involve using the legal powers outlined in the section on Law and Procedure.

Sometimes one panel member will strike up an instant rapport with a child. In that case it is best to let them continue, even if it means that member does most of the talking.
The child can bring a representative who may help him or her to talk. This may be a lawyer or a trusted adult. However, not all young people know that they can have a representative and could choose someone who might offer them more support than their parents.
Young people can be helped to write a letter for the hearing or to complete the form entitled "Having your say" which is sent to them by the reporter. This allows them to identify the issues they think are important and can provide a useful starting point for discussion. They may also be encouraged to use video or audio tapes. However they need to know in advance that any report they provide will automatically be sent to relevant persons as well as to the panel members and that tapes will be played at the hearing.
A safeguarder can be appointed by the hearing to explore the child's point of view and convey it either in the report or during the hearing. Again, a copy of the report will be sent to the relevant persons, the child (where the child is receiving copies of the reports) as well as to the panel members.
In cases where the child is unable to participate effectively in the hearing because of the legal complexity of the case, or where a secure accommodation is an active consideration, a legal representative must be appointed by the hearing.
Panel members have the power to exclude a parent (relevant person) or representative if they consider this necessary in order to obtain the views of the child. This power is useful in situations where a child appears distressed or particularly inhibited in front of his parents, or where a parent may be preventing the child from speaking. It is important to make it clear to the child that when the relevant person returns, the chairman has a duty to explain the substance of what has been said in his or her absence. Children should not, therefore, assume that what they are telling the panel members can be kept confidential.
Similarly, if members of the press are present, they may be excluded if their presence is considered to be distressing or inhibiting for the child. In this case panel members may, but are not obliged to, inform them of what has been said in their absence if they do return to the hearing.

What if they just won't talk?

Panel members can point out to children that they are there to listen to their views to help them come to a decision. However, panel members should beware of being too persistent. Children may eventually give some kind of an answer just to bring the questioning to an end, even if it is not true or they have not understood the question. Panel members should not feel they have failed because they have not succeeded in getting the child or young person to talk. If a child decides to remain silent that is their right and choice.

A checklist for child-friendly language

Panel members should ask themselves the following questions about their use of words:

did I use easy words instead of hard words?
did I use specific names and places instead of pronouns and adverbs?
did I break long sentences/questions into shorter ones that had one main idea in each?
did I avoid legal words and phrases? Was I alert to my use of words that mean one thing in everyday life but something else in law?
did I avoid using negatives if I could?
was I careful about the 'Why?' and 'How?' questions?

In addition, to ensure that they are keeping in step with the child, panel members should ask themselves:

did I make it clear at the beginning that the child's contributions, comments and questions were important?
did I let the child know what each subject of discussion was, and why we were discussing it?
did I frame my questions in terms of the child's experience?
did I run a check on the child's understanding of my language and explanations?
did I allow sufficient time for the child to process my questions and explanations?
when I shifted topics, did I alert the child to the fact that I was going to do so?

Things to remember

Panel members should:

listen to the child's language - they should try to make their language fit that of the child's
keep in mind that experience shapes language use and understanding - every child is unique
listen to their own language and questions
be alert to the fact that young children both use and interpret language very literally
not take for granted that they know what the child means, or that the child knows what they mean
keep whatever they say short and simple.

5 COMMUNICATING WITH ADULTS

The number of adults at a hearing can vary considerably. The chairman has a duty to keep the number of people present to a minimum. Limiting the number can help to ensure that the atmosphere is relaxed and informal as possible. However, this needs to be balanced against the contribution which people involved with the child's life may make to the hearing. The reason for their presence should be clear. Each should be treated with respect. For further information see the section on the panel member and the hearing ( part one section three).

The principles of communication with children also apply. Language and literacy difficulties often run in families. Some specific points for panel members to consider follow.

Relevant persons

Relevant persons will be expected to talk to the hearing about their family life, their ability to care for the child, and their feelings about the situation. They may not have had much experience of talking about such things to each other, let alone to three strangers with the child and professional people present.

Comments made by some parents on their experience of hearings include:

'I was so worried I couldn't concentrate.'
'They ask too many questions, by the time you've understood, they've moved on to something else.'
'It's my impression that panel members always take sides with the social worker.'

Whatever the reason for the child being present at the hearing, relevant persons must be given the opportunity to put their views and to have those views taken into consideration. They must be treated fairly.

Representatives

Participation in a hearing not only involves an understanding of the process but the ability to communicate and make one's voice heard. The child and each relevant person is entitled to be accompanied by a representative at a hearing to assist the child or relevant person they are accompanying. This may mean that they may speak on behalf of that person or just be there for support. These representatives could be friends or someone from organisations like Who Cares? Scotland or a lawyer. They should be asked for their opinions about what should happen.

Lawyers who attend hearings have the same status as any other representatives of the child or relevant persons. They are there to help the person put their view to the hearing.

In particular circumstances a legal representative may be appointed for a child by a hearing or business meeting.

Professionals

It is important to allow professionals and others who have taken time to attend the hearing to have their say. The writer of a report should have the opportunity to discuss it. If he or she is making a recommendation they should comment on why that one has been put forward and whether other courses of action were considered and discarded. Someone who has been living in close contact with a child, for example, a foster carer or key worker will have a particularly valuable contribution to make. A social worker or safeguarder who has helped to prepare the child for the hearing may be well placed to encourage him or her to express views.

Although panel members may come to know social workers and others who regularly attend hearings quite well, it is not a good idea for them to appear too familiar with them. This can give the impression to the family that there has been collusion and the outcome of the hearing has been decided beforehand.

Reporters

Reporters should not in any way present a case to the hearing or advocate a particular outcome. However, they can give factual information to families e.g. the likely time frame for a proof hearing in court. Panel members may wish to ask the reporter a question during a hearing and should make it clear to the family why they are doing this. If it appears likely to assist the discussion of the child's case and the chairman consents, the reporter may briefly clarify the range of options available to either a procedural matter or the outcome of the hearing. The reporter will also alert the chairman to any procedural or human rights requirements that appear to have been omitted or carried out irregularly.

Other panel members

Most of the communication during a hearing is between the panel members and the child, family and other professionals. However, panel members do on occasions need to communicate with each other.

To help make a hearing run as smoothly as possible, panel members should work as a team at a hearing by:

not interrupting the flow of questions from another panel member
not labouring their own points at great length and hogging the hearing
listening to other panel members' questions and the answers given so they do not go over the same ground.

Special circumstances

Sometimes special measures are required to help children and their families take part in hearings. For example, an interpreter should be invited to attend where a person's first language is not English or if the person communicates by signing. Panel members must ensure that they ask questions of the child or family member and not the interpreter.

6 QUESTIONS AND DISCUSSION

Asking a lot of questions can be intrusive and intimidating. It is therefore better to use other techniques to communicate in a hearing and to use questions sparingly. It is also important to distinguish between questions which are used for information and those for obtaining views.

Effective questioning will depend on good preparation. When discussing a family's problems, panel members will need tact and a non-judgmental manner. They should treat people with respect and courtesy. It can be helpful if panel members acknowledge the difficulties when approaching sensitive issues, and to try to show respect for families' answers, even if they don't agree with them. Using people's name early on shows respect.

Where possible open questions should be used instead of closed questions which only require a yes or no answer. Questions should be asked singly and answers waited for before asking another, rather than rattling out a confusing series. It is important to finish with one train of thought before moving on to another. In order for people to take in a question properly they need to remember it from the beginning to the end. Concrete questions who? what? where? are easier for children to answer than abstract questions such as when? why? how? which should generally be avoided.

What to say and how to say it

Here are some examples of different types strategies for discussion. Some will be more helpful than others. Panel members can develop their own awareness by noticing how people exchange information in day to day conversations in which they take part (e.g. with their family or at work). Through practice, observation of others and training they should develop their skills in engaging appropriately with those present at a hearing.

Helpful to the discussion

Concrete questions

Concrete, Who? What? Where rather than abstract When? How?Why? questions are more likely to get a response and may be useful in encouraging a child to speak at the beginning of the hearing. It is often the case that individuals are not conscious of their motivations and find it impossible to answer abstract questions. Therefore the reply given could usually be a 'Don't know'. A child's understanding of Who? What? Where? develops earlier than When? How? and Why? will . For younger children it is therefore better to avoid abstract questions altogether

Indirect questions

These can be helpful for approaching sensitive issues.

I wonder if you've thought about . . .?
Would you feel able to . . . ?
Have you considered . . . ?
Do you think you could have. . .?

Clarifying questions

Could you explain a bit more what you mean by . . . ?
Is what you are saying . . . ?

Rephrasing statements

I think perhaps what Mr X is saying is . . .
Maybe what we're trying to suggest is . . .
I don't think that is quite what we meant. It was more that . . .

'Mirroring' statements

These do not really introduce new information but 'mirror' or reflect what has already been said by someone else. They can be surprisingly useful. They continue a discussion without complicating the situation by introducing new points. They bounce the conversational tennis ball back into the opposite court. Importantly they pull together the strands of a discussion and clarify the position of the person who first expressed the views in question. They can be phrased in various ways:

What you seem to be saying is. . .
Your view is that. . .
To sum it all up, you. . .
What you have described is that. . .

Exploratory statements

One obvious advantage if using such statements is that they allow the recipient room for manoeuvre. They can be accepted, denied or modified in an atmosphere containing less risk of confrontation..

I wonder if perhaps. . .
Would it be fair to say that. . .
Are you suggesting that. . .

Interim summing up (checking discussion so far)

If I could just go over what we've discussed so far . . .
Up to now we've only talked about the school problem . . .
So, as I understand it, you are agreeing that . . .

Working together questions (panel members following the same line of questioning)

Could I go on from what Mrs Y was asking . . .?
I'd like to ask you a follow-up question . . .
Do you think you could explain a bit more about what you were saying to Mr B . .?

Expressions of understanding

The basic philosophy of the children's hearing is one of round table discussion in which all parties collaborate in an attempt to set in motion the most appropriate measure to help the child in need or trouble. One of the more useful tools for a panel member to use is a statement which expresses understanding and rapport and which invites continued discussion.

I know it's difficult for you to talk about these problems . . .
This will be upsetting for all of you, but we have to move on to discuss . . .
Please take as much time as you need with your answer . . .
It does seem to me, Mrs Smith, that you have had to cope with a lot of problems which other mothers have not had to face.

Unhelpful to the discussion

Closed questions

These questions invite the answer 'yes' or 'no' and are not an effective way of gaining general information. They are good however for checking facts and useful for bringing the conversation back to the point.

Pressurising questions

Don't you think that . . .?
Have you really tried . . .?
But surely you understand that . . .?

Leading questions

You will try and go back to school, won't you?
Wouldn't it be better if you stayed away?

Loaded remarks or questions

These are similar to leading questions. They are questions or remarks where the aim seems to be to evoke penitence, guilt feelings, a declaration that the individual has resolved to or has already changed his or her behaviour in a certain direction, or an awareness of the stupidity of one's behaviour:

You're sorry now you did that, aren't you?
How do you feel now about what you did?
If we place you on supervision, will you promise to attend school?

It is unlikely that a child at a hearing would answer in other than the desired direction.

Judgmental statements

These may be said by panel members in an attempt to 'correct' the ways of those before them. In the process they display their own attitudes and outlook. An observer at hearings where such statements are used, emerge with a firm impression of the attitudes and views of the panel members and very little idea of the thoughts and feelings of the child and family. Panel members may think that the use of judgmental observations will act as a deterrent to future misbehaviour. There is little evidence that they do.

A mother is the best friend that you can ever have.
You must learn to respect your mother and father and to do what they say.
You are a big boy now and you are not behaving responsibly.

Following up too quickly

It is important to give people time to answer a question. They might need to think through the implications of giving a particular answer.

What do you do in your spare time? (No answer.) Do you like football? Gives room for only 'yes' or 'no'.

Sudden changes of direction, interrupting before a speaker has finished or peppering a child or parent with a whole series of unrelated questions are all confusing and unhelpful tactics which do not allow discussion to develop.
Ambiguities, jokes, sarcasm, metaphors, similes should be avoided as should anything which might affect the clarity of language.

7 LISTENING

Listening is basic to all effective relationships. It is the listener, not the speaker, who controls the conversation. It is a skill. Good listeners get listened to. It is not the same as hearing what someone has said. It is possible to hear, understand but not really listen. In active listening the listener uses various senses:

listens with the ears to the words spoken/tone of voice
listens with the mind to understand the message
listens with the eyes to the body language/posture/bearing/gesture
listens to him/herself and notes own reactions to the messages received.

Listening is quite different from ordinary conversations and requires full attention and concentration. If the words spoken do not match the behaviour then it is important to check this out e.g. 'Although you have told us that you will do...., Mrs. X, I have the impression that you are not very happy about it. Perhaps you could help me understand?'

People can show that they are listening by:

nodding
smiling (where appropriate)
looking at people when they are talking to them
prompting by saying e.g. 'yes' ' mmm'
mirroring back key points of what has been said - summarising
reflecting back feelings as well as ideas
checking out what has been said.

Problems of listening

Generally when people listen they only do so to the middle of the statement. Before the speaker has finished delivering the message, the listener has already begun to formulate an answer. This means that the end of the message is missed and the listener may even finish off the sentence for the speaker. People's previous knowledge and expectations may lead them to hear only what they expect to hear - the message is frequently reduced by eliminating detail. People listen selectively.

The listener may have a hearing problem which may lead to speech not being heard or may be misheard. It is always important to look directly at a person when speaking to them and watch the rate of speech.

How much information can be held for processing will vary from person to person. The average person aged eight and over can remember and repeat back six and seven numbers. A large number of children and adults can only remember about three or four. If people have a poor 'auditory memory' then not all the information will be processed and sometimes because of overload everything may be 'lost'. It is important therefore to keep sentences short and uncomplicated.

8 SPEECH AND LANGUAGE: ABILITY AND DISABILITY

As was stated earlier ability and disability may affect communication. There may be difficulties regarding comprehension (understanding of language), and expression (use of language).

Comprehension

It goes without saying that it is important to talk in a way which means one is understood. However this process is more complex when communication is affected by disability.

It is helpful if the hearing can get as much information about child's level of understanding from adults involved with child i.e. parents, carers, teachers, auxiliaries/educational psychologist/speech and language therapist. If necessary someone could be asked to come to the hearing to assist with communication, particularly if the child needs an interpreter - children may get tired/distracted if sitting for more than 10 minutes. It is important to give child time to respond. Adults who come to hearings with children may also have problems with communication and measures should be in place to assist them with communication.

Hearing impairment

Definition: when hearing is affected. This can be: mild to profound; acquired through accident/infection/disease; congenital; sensory/motor/syndrome.