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The Children's Hearings System: Teachers' Notes
Introduction
These materials are intended to support teachers and
pupils through their learning about the Children's Hearings
system. In preparing these, the aim has been to provide
materials for use in the classroom within the
PSE, Citizenship and Modern Studies
curricula which will provide accurate information about the
Hearings system and help pupils to gain a better
understanding of the following:
- the ethos and principles of the Children's
Hearings system
- the legal framework
- why children and young people are referred
to the Hearings system
- what happens at a Hearing
- the decisions that a Hearing can make and
what they mean
- the roles of the different people involved
in the Hearings system.
As with most curricular materials teachers will want to
select from and adapt the materials to suit their own
needs.
The Structure of the Materials
Detailed teachers' notes are provided for each topic,
and some of the information sheets and activities are
provided at two levels, such as 1 and 1A. Sheets marked 'A'
are simpler.
Topic 1 An Overview of the Children's Hearings
System
This topic may be used as a stand-alone lesson where
there is a limited amount of time to introduce pupils to
the Children's Hearings system. The quiz and the
PowerPoint/
OHP presentation provide a comprehensive
overview of the system and the information sheets offer a
resource for pupils to take away. The topic may also be
used as an introduction to the system before studying each
step in detail.
Topic 2 The Referral and the
Investigation
More detailed information is presented about this stage
of the Children's Hearings process. Pupils are introduced
to the reasons why children/young people are referred to
the Reporter and how he/she decides what should happen
next. Pupils are put into the role of the Reporter and
asked to make decisions about referrals.
Topic 3 The Hearing and the Outcomes
Information is provided which explains what happens at a
Hearing and the decisions that a Hearing can take. Pupils
are presented with different scenarios and asked to
identify the issues that they would want to discuss as a
panel member at the Hearing.
Case Study
A sample set of Hearing papers is provided which
contains all of the papers that panel members receive
before a Hearing. The case is non-attendance at school and
alleged offences. It will provide a basis for group and
class discussion of the issues and a context for a mock
Hearing.
Complex Lives
A one-act play which tells the story of Lisa and her
involvement with the Children's Hearings system.
Additional Material for Senior Pupils
More challenging case scenarios and activities are
included in this section. Pupils are asked to make
decisions as panel members and to consider what life is
like for children in their local community. Truancy is
examined, particularly the reasons why young people truant,
and information about children's rights and
responsibilities is provided.
Curriculum Links
PSE/education for
citizenship
The information sheets, activities, case material and
play script will support the teacher in the delivery of
such topics as
Rights and responsibilities, Laws in society, and
Young people and the law.
Schools which organise a Citizenship Day/Week will be
able to combine a number of the pupil activities to form a
Citizenship workshop. For example, Topic 1 Activity 1 -
Quiz and Presentation - provides an overview of the
Children's Hearings system. Through Topic 2 Activity 3,
pupils could assume the role of the Reporter in deciding
what should happen following a referral and then, through
Activity 4, assume the role of a panel member.
Alternatively, the case study provides a good focus for
discussion and/or a role play.
Modern Studies Intermediate 1 and 2
Information, short activities, an investigation and a
role play are provided to support pupils who are studying
Study Theme 5
Crime and the law in society.
A sample set of Children's Hearing papers, which panel
members receive before a Hearing, is available for use in a
role play exercise.
Advanced Higher Modern Studies
Detailed information about all aspects of the Children's
Hearings system is presented together with an introduction
to the youth justice systems in England and Wales, Canada
and New Zealand. The materials relate specifically to Study
Theme 2
Law and order and research methods, context C
Responses to crime and public disorder in the
UK and context D
The penal system. They will also assist pupils who
select the Children's Hearings system as a dissertation
topic.
A note of caution
In preparing this resource consideration has been given
to the sensitive nature of some of the circumstances of the
children/young people who come into contact with the
Children's Hearings system. Mention has been made, when
looking at the reasons why children are referred to the
Reporter, of physical, sexual and emotional abuse. However,
these matters are not studied in depth. You may be faced
with disclosures from your pupils. This situation needs to
be handled sensitively. It may be helpful, for example, to
set 'ground rules' at the beginning of the lesson as
appropriate.
It can be disconcerting for any teacher when faced with
disclosure. The pupil will need reassuring that you are
taking what they say seriously and that you are going to
help them. Reporting procedures will vary between local
authorities. It would be helpful to clarify with the Head
Teacher or another member of the Senior Management Team the
procedure that should be followed in your school should
this situation occur.
An Introduction to the
Children's Hearings System
The Children's Hearings system is Scotland's unique
system of combining welfare and justice for vulnerable and
troubled children/young people from birth to 17 years of
age.
It has been operating for more than 30 years. Its
formation stemmed from the work of Lord Kilbrandon who
found that whether young people had offended or been
offended against, their needs were the same. He believed
that in taking decisions about their future, the best
interests of the child/young person must be the prime
concern.
In the Children's Hearings system, decisions on what is
best for the child are made by members of the children's
panel, trained volunteers from the community. The
Children's Hearings system helps children/young people who
are vulnerable because they are experiencing, or are at
risk of, for example:
- physical, sexual or emotional
abuse
- parental neglect
- being out of control
- offending
- not going to school
- taking drugs or alcohol.
It is not just about the Children's Hearing itself,
where members of the children's panel meet the child,
family and relevant professionals to discuss the issues and
decide what is in the best interests of the child/young
person. The system as a whole provides the most appropriate
and effective intervention for each child/young person.
Principles
There are three 'overarching' principles in law relating
to Children's Hearings, which underpin the system:
- the welfare of the child is
paramount
- the child's views must be taken into
account
- no order should be made in relation to a
child unless it is better to make an order than not
to.
When considering the welfare of the child/young person
and reaching a decision, the Hearing can, where necessary,
take into account the protection of the public from serious
harm.
Key Stages of the
Process
1. The Referral
Something has to happen in a child/young person's life
to set the system in motion. This can be one incident or a
variety of concerns. For example, their welfare may be at
risk or they may have suffered abuse or neglect. They may
be the victim of an offence or have committed an offence,
or both. Anyone who is concerned about them can refer them
to the Children's Reporter. Most referrals are from the
police or social work department of the local authority,
but any professional or member of the public can refer, or
the child/young person can refer him/herself.
2. The Investigation
The Reporter investigates the referral by requesting
information from different sources - social work, police,
schools, and health and voluntary agencies. This
information is evaluated by the Reporter who will make one
of the following decisions:
- not to arrange a Children's Hearing - the
Reporter might do this if, for example, it is the
first time the child/young person has been referred
and the child's circumstances are not a cause for
concern. However, the Reporter may take some
informal action, which may include, for example,
issuing advice or referring the child for a police
warning
- to refer the child and family for voluntary
support from the local authority, usually but not
always, via the social work department
- to arrange a Children's Hearing, as
compulsory measures of supervision are considered
to be needed in the child's best
interests.
If the Reporter decides to arrange a Hearing, the
decision about what happens to the child/young person rests
with the Hearing.
3. The Hearing
The style and setting of Hearings are relatively
informal to encourage full and frank discussion of the
issues while legal procedures are followed. The purpose of
the Hearing is to decide if compulsory supervision is
needed for the child/young person. Compulsory supervision
involves measures taken for the protection, guidance,
treatment or control of the child/young person, and this
can be tailored to fit the particular needs of each
individual. The key people involved in the Hearing are:
- the child/young person and the relevant
adults in their life (usually their parents and/or
carers)
- the Reporter
- three panel members
- a social worker
- other relevant professionals such as social
work staff, teachers, health workers and
educational psychologists.
A few days before the Hearing, copies of the various
reports that have been collated by the Reporter will be
sent to the child (if over 12 and in appropriate
circumstances), parents/carers and panel members. The
child/young person and their parents have the right to
agree or disagree with the reasons why the Hearing has been
arranged (the 'grounds for referral'). A Children's Hearing
is a tribunal and can only go ahead if the grounds for
referral are accepted.
If the child/young person or relevant people do not
accept the grounds for referral, or the child cannot
understand due to age or ability, then the matter is passed
to the Sheriff Court. The Sheriff will hear evidence and
decide whether or not the grounds exist and, if so, a
further Hearing will be arranged to consider and dispose of
the case.
In a Hearing, the panel members consider the reports
with everyone there. They will discuss all of the issues
with the child/young person and their parents/carers and
they will listen to information and advice from the
professionals who are there, considering all the options
available. A decision is made in front of everyone present
and the panel members explain why they have reached that
decision. Their decision does not have to be unanimous - it
can be by a majority.
4. Outcomes
The Hearing has several decisions it can choose from.
The main ones are:
- to discharge the referral because the panel
members feel that compulsory supervision is not
needed
- to impose a Supervision Requirement on a
child/young person with any conditions that they
decide are necessary
- to continue (defer) the Hearing to a later
date to enable further reports to be obtained, or
to get more information which is needed to help the
panel members to make an informed decision
- if the grounds are not accepted, or the
child cannot understand due to age or ability,
panel members will refer the case to the Sheriff
Court (see above).
Any decision that a Hearing takes is legally binding on
the child/young person. If they disagree with the decision,
the child/young person and/or their parents may appeal to
the Sheriff against the decision.
The most common outcome of a Hearing is a Supervision
Requirement. This is a plan of work, support and services
to assist the child/young person. Conditions attached may
include, for example, where the child/young person is to
live, with whom she/he may have contact, or attendance at
programmes to address their behaviour. Most children on
Supervision Requirements live at home. It is the
responsibility of the local authority to implement a
Supervision Requirement.
The Supervision Requirement will be in place for as long
as it is needed, but must be reviewed within a year. At a
review hearing the Supervision Requirement may be altered,
extended or discharged, depending on the circumstances at
that time.
Emergency Procedures
There will be circumstances in which temporary/emergency
measures will be necessary. A Sheriff has the power to
grant a Child Protection Order where it is considered that
the child is in immediate danger. This is usually reviewed
by a Children's Hearing on the second working day after the
order has been granted.
A Children's Hearing is able, in certain circumstances,
to issue warrants. For example if a child fails to attend a
Hearing, a warrant may be issued to secure his or her
attendance. If it is necessary to find and keep a child in
a "place of safety", a place of safety warrant may be
issued. This may last a maximum of 22 days; it can be
extended on review by further Children's Hearings for a
further 22 day period each, but only up to a total of 66
days, after which the Reporter must apply to the Sheriff
for any further periods of 22 days, if that is considered
necessary.
Summary
The Children's Hearings system is a child-centred system
where the child's views must be considered. It is a
welfare-based system where the needs of the child are most
important. It is based upon collaboration between trained
volunteers of the children's panel and professionals. These
are its strengths and the reason why it has been in place
for over 30 years.
Glossary of Key Terms
Children's Hearing: a lay tribunal made up
of three panel members from the local authority children's
panel, at least one of whom must be male and one female.
The child must normally attend, along with his/her family
('family' can include carers or anyone responsible for
looking after the child) and relevant professionals. The
child and parents may take a representative to support
them. Discussions are confidential but decisions are made
in front of all of those present.
Children's panel: a group of volunteers
appointed by Scottish Ministers following extensive vetting
and training. Each of Scotland's 32 local authorities has a
children's panel, which represents a cross-section of the
local community. The panel is the collective name for the
group of panel members, and each local authority must keep
a list of who is on the panel. Each panel has a panel
chair, appointed from among its members.
Disposal: the main decision of the
Hearing. The most common disposal is a Supervision
Requirement, which means that the child/young person has to
do certain things or people have to do certain things to
work with them. A Supervision Requirement can have any
condition attached that the Hearing thinks will help the
child/young person.
Grounds for referral: the legal reason why
a child/young person is referred to a Hearing. Grounds for
referral are set out in law and cover the general areas of
concern. For example, the child may have been abused
physically or sexually, played truant from school,
offended, been a victim of an offence or bullying, misused
drugs or alcohol, or been outwith parental control. The
full range of grounds is set down in Section 52 of the
Children (Scotland) Act 1995.
Referral: how a child/young person can be
brought to the notice of the Children's Hearings system.
The child is referred to the Reporter by anyone, usually
the police or social worker but possibly by a neighbour,
friend, parent, health worker or a court. Children may also
self-refer but this is not common.
Reporter: a locally based official who
works for the Scottish Children's Reporter Administration (
SCRA). On receipt of a referral, the
Reporter looks into the child's background with information
from a number of sources (mainly social workers), and
decides whether (a) measures of support are needed and (b)
whether any measures need to be imposed by a Children's
Hearing. The Reporter also has roles at the Hearing and in
court proceedings that form part of the Children's Hearing
process. A list of Authority Reporters is provided at the
back of this teacher's guide.
Review: a Supervision Requirement must be
reviewed within a year, but the panel can set an early date
for the review and a social worker can ask for a review at
any time. The child/young person or relevant people can ask
for a review after three months.
Secure accommodation: locked facilities
approved by the Scottish Executive that will meet the
social, educational and health needs of young people when
their liberty needs to be restricted, either for their own
or for public safety.
Supervision: measures taken by the local
authority for the protection, guidance, treatment or
control of children/young people.
Supervision Requirement: a programme of
work, support and services to assist a child/young person.
Imposed by a Children's Hearing, the Supervision
Requirement must be implemented by the local authority
where the child/young person lives.
Scottish Children's Reporter Administration (
SCRA)
Headquarters, Ochil House
Springkerse Business Park
Stirling, FK7 7XE
Tel: 01786 459500 • Fax: 01786 459533
www.scra.gov.uk
SCRA's personnel and offices are broken
into local authority teams. If you have a query or request
of a Reporter or of
SCRA's services, you should ask to speak
with the Authority Reporter for the relevant area in the
first instance. If you are in doubt as to which office to
contact you may wish to contact Headquarters (above).
CONTACT LIST OF AUTHORITY
REPORTERS
Aberdeen City Tel: 01224-645100
Aberdeenshire Tel: 01224-643322
Angus Tel: 01382-435460
Argyll and Bute Tel: 01546-606937
Clackmannanshire Tel: 01786-476400
Dundee Tel: 01382-435460
Dumfries & Galloway Tel: 01387-255734
East Ayrshire Tel: 01563-534176
East Dunbartonshire Tel: 0141-567 7900
East Lothian Tel: 01875-613355
East Renfrewshire Tel: 0141-8899171
Edinburgh Tel: 0131-6679431
Eilean Siar (Western Isles) Tel: 01851-706317
Falkirk Tel: 01324-626996/673920
Fife Tel: 01592-414919
Glasgow East Tel: 0141-5677900
Glasgow North Tel: 0141-567 7900
Glasgow North East Tel: 0141-5677900
Glasgow South Tel: 0141-5677900
Glasgow West Tel: 0141-5677900
Highland Tel: 01463-245301
Inverclyde Tel: 01475-720221
Midlothian Tel: 01875-613355
Moray Tel: 01343-550015
North Ayrshire Tel: 01294-278151
North Lanarkshire Tel: 01698-746771
Orkney Islands Tel: 01856-873238
Perth and Kinross Tel: 01738-620950
Renfrewshire Tel: 0141-8899171
Scottish Borders Tel: 01750-20372
Shetland Islands Tel: 01595-692436
South Ayrshire Tel: 01563-534176
South Lanarkshire Tel: 01355-232145/231914
Stirling Tel: 01786-476400
Western Isles See Eilean Siar
West Dunbartonshire Tel: 01389-764268
West Lothian Tel: 01506-632741
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