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

Glossary AndAbbreviations

GLOSSARY

ACCOMMODATION

Provided by the local authority for a period of more than 24 hours for a child where:

• no-one has parental responsibilities for the child;
• the child is lost or abandoned; or
• the person who has been caring for the child is prevented from providing the child with suitable accommodation or care.

ADOPTION ORDER

Granted by a sheriff on application of prospective adoptive parents. If made, all parental rights and responsibilities are passed to the adoptive parents.

AFTER CARE

The local authority has a general duty to help prepare a child to leave their care, in particular they must:

• advise, guide and assist any child under 19 who was looked after by the local authority at any time after he or she reached the school leaving age
• young people between 19 and 21 can ask for advice, guidance and assistance and the local authority can agree if this is in the young person's best interests.

ART AND PART

Active participation of an indirect nature before or during the commission of a crime. Presence alone is not enough, active involvement is required.

ASSAULT

Any deliberate / unjustifiable attack upon another.

ASSESSMENT

This can be in the community or in a residential setting and include information from psychologists (educational and/or clinical); psychiatrists; and any specialist services. Continuation for an assessment is made when additional information is required, more detailed explanations are needed, or information from additional sources is requested. Careful thought should be given regarding assessment in a residential setting. This process should not be confused with a Child Assessment Order, which can only be issued by a sheriff.

AUTHORITY CHAIRMAN

A panel member appointed by the Scottish Ministers to represent panel members within a local authority at local/national level. The only statutory duty imposed on the authority chairman is the preparation of the hearings rota but the chairman undertakes many other duties in relation to contact with local agencies involved in the hearings system.

BEST PRACTICE

The hearings system is governed by the Act and Rules and Best Practice Guidance helps make the legal process 'user friendly'. The Guidance is issued by the Scottish Executive and is used by panel members throughout Scotland. Issues from the Guidance are incorporated into the Training Resource Manual.

BUSINESS MEETING

Arranged by the reporter with written notification to panel members, child and relevant persons in writing four working days before the meeting to:

• consider procedural matters - releasing the child from obligation to attend a hearing; consideration of relevant persons' attendance
• obtain direction or guidance in relation to their duties
• consider the appointment of a legal representative for the child.

CARE PLAN

Each looked after child is required to have a care plan which details the immediate and longer term plans for the child, details of services to be provided and the responsibilities of the local authority to the child and parents.

CARE REVIEWS

Local authorities are required to review cases of all children who are looked after by them at certain specified intervals.

CHILD

Under the Children (Scotland) Act 1995 there is a wide variety of definitions but usually a child is either under 16 or under 18. A local authority 's duties relate to children under 18. For hearings it means:

• a child is a person who is not yet 16 years of age
• a child over 16 years of age but is subject of a supervision requirement
• a child over the age of 16 years of age but not yet reached school leaving age.

CHILD ASSESSMENT ORDER

An order granted by the court on application of a local authority which enables social workers to gain access to any child whose safety they are concerned about and whose parents are refusing to co-operate. The order, which is time limited to a maximum of 7 days, allows for assessment of a child's health and/or development or to investigate how a child has been treated. The sheriff must be satisfied that there is reasonable cause to suspect that child is suffering or is likely to suffer significant harm and that an assessment of the child is necessary to resolve these concerns. The child may be removed from home to allow the assessment to take place.

CHILD PROTECTION ORDER

An order granted by the court where the sheriff is satisfied that there is reasonable cause to believe that a child is suffering or is likely to suffer significant harm and cannot be protected other than by removal from home. If no application is made to set the order aside it will be reviewed by a hearing on the second working day. A Child Protection Order lasts for a maximum of eight working days after it has been implemented.

CHILD PROTECTION COMMITTEES

Multi-agency, in place in each local authority (or in collaboration with others) to develop, monitor and review child protection policies and guidance for dealing with child protection referrals and promote inter-agency working.

CHILD PROTECTION REGISTER

Maintained by local authorities listing all children in the area who are the subject of an inter-agency child protection plan.

CHILDREN AFFECTED BY DISABILITY

A person with a disability is defined as someone with:

• a chronic sickness or disablement
• suffering from a mental disorder.

Services must be designed to minimise the effect on children of either their own disability or that of a family member, and to allow them to lead as normal a life as possible.

CHILDREN AND YOUNG PEOPLE'S GROUP

The branch of the Scottish Executive Education Department which deals with all matters regarding the Children's Hearings System.

CHILDREN'S HEARING

A lay tribunal composed of three panel members one of whom chairs the proceedings. Both genders must be represented. The hearing is charged with deciding if a child requires compulsory measures of supervision.

CHILDREN'S HEARINGS (SCOTLAND) RULES 1996

The rules concern the operation of the Social Work (Scotland) Act 1995 in relation to children's hearings. A copy of the Rules is issued with Training Resource Manual.

CHILDREN'S HEARINGS REPRESENTATIVE GROUP

A consultative body to the Scottish Executive which normally meets twice a year to discuss any matter relevant to the children's hearings system.

CHILDREN'S HEARINGS TRAINING OFFICERS

(Formerly known as Children's Panel Training Organisers) Situated within the Universities of Aberdeen, Edinburgh, Glasgow and St Andrews, the training officers are responsible for the induction training of panel members, children's panel advisory committee members and safeguarders. They also provide in-service and refresher training for those with experience.

CHILDREN'S PANEL

Is a body of lay people appointed by Scottish Ministers on the recommendation of a local advisory committee, who are trained to sit on children's hearings. Each local authority has a Children's Panel.

CHILDREN'S PANEL ADVISORY COMMITTEE

Each local authority (or group of local authorities) has a committee of members, the majority appointed by the Scottish Ministers, minority by the local authority, to advise Ministers on the appointment and re-appointment of children's panel members.

CHILDREN'S PANEL ADVISORY GROUP

Chairmen and Clerks of Children's Panel Advisory Committees meet on a regular basis to consider national issues with regard to their role in the system.

CHILDREN'S PANEL CHAIRMEN'S GROUP

Authority Chairmen meet on a regular basis to consider issues on a national basis with regard to panel members and their role in the system.

CHILDREN'S PANEL TRAINING ORGANISERS

(See Children's Hearings Training Officers above).

CHILDREN'S SERVICE PLANS

A local authority must publish plans for services for children in their area. There is also a duty on the local authority to consult with other specified people, including the chairman of the children's panel, when drawing up plans and reviewing them.

CHILDREN (SCOTLAND) ACT 1995

The Act of Parliament which governs the children's hearings system. The part of the Act which deals with hearings is issued with the Training Resource Manual.

COMPULSORY MEASURES OF SUPERVISION

A requirement put in place by a hearing to impose measures of protection, guidance, treatment, or control on a child.

CONDITIONS

Allow panel members to make their intentions for supervision more specific. Conditions may include matters relating to, e.g. contact, where a child should live; secure accommodation, non-disclosure of address.

CONTACT

Contact between children and their parents (and brothers, sisters) is a basic right which should only be regulated if the welfare of the child might be compromised. Contact includes face to face meetings, letters, phone calls etc.

COUNCIL ON TRIBUNALS

An independent body, established by Parliament, who act as a watchdog of various tribunals of which the hearings system is only one. Members of the Scottish Committee have a right to observe hearings.

EMERGENCY PROTECTION

This allows the local authority and others to take steps to protect a child in an emergency prior to seeking a child protection order.

EXCLUSION ORDER

Order granted by the court to remove the suspected abuser from the home in order that a child who is suffering or likely to suffer significant harm may remain at home. Used in place of a Child Protection Order.

FIRE RAISING

Causing all or part of the property to be consumed by fire. Fire must have been started intentionally / recklessly.

FREEING ORDER

Made by a sheriff on application of an adoption agency in relation to a child where adoption is being considered. If granted, all parental rights and responsibilities with regard to the child are transferred from the birth parents to the adoption agency.

GROUNDS FOR REFERRAL

The twelve conditions contained in the Act which indicate a child may need supervision.

GUARDIANSHIP

The legal situation where a court or parent who has parental responsibilities and rights passes these on to an appointed person to act in their place in the event of the parent's death. A guardian must be appointed in writing and children should be asked their opinion before any appointment. Guardianship lasts until the child is 18.

IN NEED

The Act defines a child as being in need of care and attention if:

• he or she is unlikely to achieve or maintain a reasonable standard of health or development unless services are provided by the local authority
• his or her health and development is likely to be seriously impaired or further impaired without such services
• he or she is disabled
• he or she is affected adversely by the disability of a member of the family.

A local authority must provide a range and level of services to safeguard and promote the welfare of children in its area who are in need and to promote the upbringing of children in need by their families.

LEGAL REPRESENTATIVE FOR CHILD

A legally qualified representative with a practising certificate, appointed by a hearing or business meeting when a child is unable to effectively participate in the hearing or where secure accommodation is under consideration. Legal representatives are safeguarders or curators ad litem or reporting officers. The Scottish Executive pays a fixed scale of fees and expenses via the local authorities.

LOOKED AFTER

Children who are looked after are those who are:

• provided with accommodation by local authorities under s.25 of the Act
• subject to supervision requirement (whether living at home or away from home)
• subject to an order, warrant or authorisation under which the local authority has responsibilities for the child.

The local authority has a duty to look after children to:

• safeguard and promote the child's welfare
• provide family support services where the child is living at home
• promote contact between child and parents
• ascertain and take account of the child's views and views of parents and other relevant adults
• have regard to the child's religion, race, culture and linguistic background
• review the child's case at regular intervals.

MALICIOUS MISCHIEF

Intentional or reckless destruction or damage to the property of another.

MEDICAL EXAMINATION and TREATMENT

Under the Age of Legal Capacity (Scotland) Act 1991, children under the age of 16 have capacity to consent to their own medical examination and treatment where, in the opinion of the qualified medical practitioner, the child is capable of understanding the nature and possible consequences of the examination or treatment.

NO ORDER PRINCIPLE

A court or hearing should only impose an order or requirement if it would be better for the child to do so than not making an order requirement at all.

PARENTAL RESPONSIBILITIES

Under the Act, parents have the following responsibilities towards their children:

• to safeguard and promote child's health, development and welfare until the child is 16
• to provide appropriate direction until the child is 16 and guidance until 18
• maintain good personal relationships and contact with the child until 16
• to act as a legal representative until child is 16.

PARENTAL RESPONSIBILITIES ORDER

A sheriff may transfer parental responsibilities to a local authority where a parent has:

• persistently failed, without reasonable excuse to fulfil their parental responsibilities
• has seriously ill-treated the child and return home is unlikely.

This order lasts until the child is 18.

PARENTAL RIGHTS

Under the Act, parents have rights to:

• regulate the residence of a child under 16
• direct the child's upbringing
• maintain contact
• act as a legal representative

where this in the child's best interests.

PERMANENCY PLANNING

Decisions made on the long-term future of children who have been removed from their families' care. Its purpose is to ensure that the child has a permanent, stable and secure upbringing either with their original family or with alternative high quality care.

PLACE OF SAFETY

The temporary placement of a child where there are concerns about his or her safety. This could be a residential or other establishment provided by the local authority and includes a foster carer's home, a hospital, police station, surgery or other suitable place the occupier of which is willing temporarily to receive the child.

PROCURATOR FISCAL

A legal officer who performs the functions of a public prosecutor.

PROOF HEARING

A hearing held in private before the sheriff to establish (or not) the grounds for referral.

REFUGE

A local authority may provide refuge for a child / young person who appears to be at risk. The refuge must be designated to be a refuge and could be in a residential establishment or local authority approved household. The young person will only be allowed to stay for 7 days, or in exceptional circumstances 14 days.

RELEVANT PERSON

Under the Act in relation to children's hearings, a relevant person are:

• female parents
• male parents who are or were married to the female parent
• male parents (unmarried) who have a recorded agreement with the female parent regarding the parental responsibilities/rights of the child
• male parents (unmarried) awarded parental responsibilities/rights
• male parents (unmarried) who have been appointed guardian
• any person who has been given parental responsibilities/rights under the Children (Scotland) Act 1995
• any person who ordinarily has the charge of, or control of, a child (unmarried father living with the child and mother, cohabitee, grandparents, and foster carers who have cared for the child for 7 months or more)

REPORTER

A person employed by the Scottish Children's Reporter Administration to whom referrals about children are made and who makes decisions whether to refer a child to a hearing.

REPRESENTATIVE

A person attending a hearingto assist the child and / or relevant person(s) in the discussion of the child's case. The child's representative cannot be excluded from the hearing.

RESET

Handling goods knowing them to have been acquired illegally.

RESIDENCE ORDER

An order made by a court which regulates the arrangements about where, and with whom a child will live. If an order is made in favour of someone who does not have parental responsibilities and rights (e.g. grandparents, aunts) then that person will hold responsibilities and rights until or unless the order is changed. This lasts until the child is 16.

SAFEGUARDER

An independent person appointed by a children's hearing (or by a sheriff) to safeguard the interests of the child in the proceedings. Each local authority maintains a panel of safeguarders. Safeguarders appointed by hearings may meet with the child, family member and professionals involved in order to provide a report on child's views and circumstances and make a recommendation about child's future care. A safeguarder is not a representative, legal agent, befriender, counsellor or child advocate. They receive a fixed fee and expenses from the local authority.

SCHOOL LEAVING DATE

For children whose 16 ^th birthday is between

• 1 March and 30 September - the date is 31st May
• 1 October and 28/9 February - the date is Christmas.

SCOTTISH ASSOCIATION OF CHILDREN'S PANELS

Involves representatives from panels throughout Scotland and provides a forum for sharing views and promoting understanding of the system to the wider community.

SCOTTISH CHILDREN'S REPORTER ADMINISTRATION

Non-departmental public body whose statutory function is to manage the reporter service and to provide suitable accommodation and facilities for children's hearings.

SCOTTISH EXECUTIVE EDUCATION DEPARTMENT

Is responsible for administering policy on pre-school and school education; children and young people; and tourism, culture and sport.

SECURE ACCOMMODATION

Accommodation approved by the Scottish Executive to meet social, educational and health needs of young people when their liberty needs to be restricted.

SHERIFF

Lawyer or advocate of ten years standing appointed to a sheriff court to administer the law.

SOCIAL BACKGROUND REPORT

Report provided by the local authority which provides detailed information on the child and the family and recommends a course of action to guide the hearing.

SOCIAL WORK SERVICES INSPECTORATE

Part of the Scottish Executive who have a responsibility for the quality of social work services across Scotland.

SPECIFIC ISSUES ORDER

An order made by the court which regulates any specific question which has arisen in relation to parental responsibilities, rights, guardianship or administration of a child's property.

STATEMENT OF FACTS

Information which explains/ supports the grounds for referral.

SUPERVISION

Measures taken for the protection, guidance, treatment or control of children.

SUPERVISION REQUIREMENT

Made by a children's hearing to be implemented by the local authority. It involves a programme of work, support and services to assist the child.

TIME INTERVALS WORKING GROUP

A multi-agency group set up to consider the setting of national standards covering time-scales and other aspects of the delivery of services to children within the children's hearings system.

THROUGHCARE

Is the process by which the local authority plans and prepares the young person they are looking after for the time when he or she will cease to be looked after.

WORKING DAY

Every day except Saturdays and Sundays; 25 and 26 December and 1 and 2 January.

ABBREVIATIONS

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