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The Children's Hearings System Secondary Teaching Pack

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INFORMATION SHEET 4: REASONS WHY CHILDREN/YOUNG PEOPLE ARE REFERRED TO THE CHILDREN'S REPORTER

From the 1st April 2003 to the 31st March 2004, 45,793 children/young people were referred to the Children's Reporter.

This is just over 4% of Scotland's children.

The Children's Reporter can be contacted about children and young people for a number of different reasons. These are known as the grounds for referral - the legal reasons which allow the Reporter to go ahead. They include:

a) the child/young person is outwith parental control (for example running away, staying out late, not doing what his/her parents ask)

b) the child/young person is not being cared for well enough by the parents (for example parents misuse drugs or alcohol, the child may not be fed properly)

c) the child/young person is not going to school regularly (for example is absent for all or part of the time without a good reason)

d) the child/young person has been abused (this can include physical, sexual or emotional abuse)

e) the child/young person has misused alcohol, drugs or solvents

f) the child/young person has committed one or more offences.

Reasons a) to e) are known as 'care and protection' reasons.

INFORMATION SHEET 4A: REASONS WHY CHILDREN/YOUNG PEOPLE ARE REFERRED TO THE CHILDREN'S REPORTER

An incident or some concerns in a child/young person's life start the Children's Hearings process:

  • they may be a victim of a crime or have offended
  • they may not have been going to school for a long time
  • someone may be worried that they are not being looked after properly.

The police, social work or education department will usually tell the Children's Reporter what has happened. This is known as a referral. Anyone can speak to the Children's Reporter if they are worried about a child/young person, and a child/young person can contact the Children's Reporter themselves.

These are some reasons why a child/young person can be referred to the Children's Reporter.

a) the child/young person is out of parental control - for example running away, staying out late

b) the child/young person is not being looked after properly by his/her parents - for example parents misuse drugs or alcohol

c) the child/young person is not going to school regularly - for example absent every day or some days each week without a good reason

d) the child/young person has been abused - this can include physical, sexual or emotional abuse

e) the child/young person has misused alcohol, drugs or solvents - for example smoking cannabis, sniffing glue

f) the child/young person has offended - for example stealing, vandalism, assault.

Activity 2: REASONS WHY CHILDREN/YOUNG PEOPLE ARE REFERRED TO THE CHILDREN'S REPORTER

Circle the number of referrals that you think were made to the Children's Reporter for each reason from the 1st April 2003 to the 31st March 2004.

The child/young person is outwith parental control
Approx:3,0006,0007,000
The child/young person is not being cared for well enough by the parents
Approx:8,00014,00018,000
The child/young person is not going to school
Approx:1,0004,0008,000
The child/young person has been abused
Approx:2,0008,00015,000
The child/young person is misusing alcohol, drugs or solvents
Approx:1,0002,0008,000
The child/young person has committed one or more offences
Approx:12,00025,00034,000

ANSWER SHEET

The following are the actual number of referrals that were made to the Children's Reporter for each reason from the 1st April 2003 to the 31st March 2004:

a) The child/young person is out of control
5,863

b) The child/young person is not being cared for well enough by the parents
20,991

c) The child/young person is not going to school
3,795

d) The child/young person has been abused
15,539

e) The child/young person is misusing alcohol, drugs or solvents
1,892

f) The child/young person has committed one or more offences
34,266

INFORMATION SHEET 5: CHILDREN REFERRED TO THE CHILDREN'S REPORTER ON OFFENCE GROUNDS

Number of alleged Offences per child

Number of children

2002 - 2003

2001 - 2002

2000 - 2001

1 Offence

7,821

8,446

7,560

2 - 3 Offences

3,609

3,897

3,462

4 - 6 Offences

1,491

1,434

1,412

7 - 9 Offences

579

558

504

10 + Offences

904

797

785

Average number of offences per child

3.15

2.86

2.98

Source: SCRA Annual Report 2002-03

  • 14,404 children aged eight years or older were referred to the Children's Reporter on offence grounds in 2002-03 for 45,413 alleged offences. (The minimum age of criminal responsibility in Scotland is eight years old.)
  • Girls were referred for 8,495 and boys for 36,891 of the alleged offences.

Look at the breakdown of the number of offence referrals for 2002-03 by age group:

8 - 11 years

1,718

12 - 13 years

3,747

14 - 15 years

8,563

16 - 17 years

376

Why do you think most of the alleged offences are committed by the 14 - 15 years age group?


UPDATE - In 2003/2004 16,470 children were referred to the Children's Reporter on offence grounds for 53,109 alleged offences.

INFORMATION SHEET 6: THE INVESTIGATION AND CHILDREN'S REPORTER'S DECISIONS

The Children's Reporter investigates the child/young person's case by asking for information from different sources, for example:

  • social worker
  • police
  • schools
  • health worker
  • voluntary organisations.

The Children's Reporter has three decisions to choose from:

1. Not to arrange a Children's Hearing.

The Reporter might do this if, for example, it is the first referral and there are no other worries. The Reporter will write to the child/young person and their family to tell them why he/she has made this decision. However, the Reporter may still take some informal action, for example, issuing advice or referring the child for a police warning.

2. To refer the child/young person and family for voluntary support from the local authority.

The Children's Reporter is aware of the support that the local authority can give that will help the child/young person and their family. He/she will also know that the child/young person and their family have agreed to work with the local authority.

3. To arrange a Children's Hearing.

The Children's Reporter will do this if he/she thinks that compulsory supervision by the local authority is necessary to help the child/young person and their family.

INFORMATION SHEET 6A: THE INVESTIGATION AND CHILDREN'S REPORTERS' DECISIONS

Once the Children's Reporter has been told about a child/young person, it is his/her job to decide what should happen next. He/she will ask for information from different people, for example:

  • social worker
  • schools
  • police
  • health worker.

The Children's Reporter can choose one of three decisions. What do they mean?

1. Not to arrange a Children's Hearing.

The Children's Reporter might do this if it is the first referral and there are no other worries. He/she will write to the child and their family to let them know that they have made this decision.

2. To refer the child and family for voluntary support from the local authority.

The Children's Reporter knows what support the local authority can give to a child/young person and the family which will help them. He/she will know that the child and family have agreed to work with a social worker.

3. To arrange a Children's Hearing.

The Children's Reporter will do this if he/she think that a Supervision Requirement is needed to help the child/young person and their family. A meeting needs to be arranged to discuss and decide this.

Word check

investigation = a careful look at everything in detail
health worker = someone who cares for people's health, for example a doctor, nurse or health visitor
formal action = legal action - in this case arranging a Children's Hearing
voluntary = choosing to do something
support = help
local authority = the local council
Children's Hearing = a special meeting arranged to discuss the situation and decide what should happen to the child/young person

ACTIVITY 3: DECISION TIME FOR THE CHILDREN'S REPORTER

1. Read the scenarios that you have been given.

2. Put yourself in the position of the Children's Reporter and choose which decision you would make in each case. The following questions might help you to make your choice:

  • Have I heard about this child/young person before?
  • Is he/she healthy and developing well physically, socially and emotionally?
  • Is he/she going to school, and on time? Are there good relationships at school with teachers and other pupils?
  • Is he/she being looked after well enough? Does he/she have sufficient food and clean clothes?
  • Is he/she being protected from harm? Do the parents provide boundaries and discipline?
  • Is this a first offence? Is there one offence or have there been a number of offences?
  • Will the child/young person and his/her family work voluntarily with the local authority?
ACTIVITY 3A: DECISION TIME FOR THE CHILDREN'S REPORTER

1. Read the scenarios that you have been given.

2. You are the Children's Reporter and you have to decide what to do about this child that you have been told about. In your groups, discuss the information that you have.

Use these questions to help you to decide what to do:

  • Have I heard about this child before?
  • Is the child healthy and doing well?
  • Is the child going to school?
  • Is he or she being bullied or bullying someone else?
  • Is his/her behaviour in school good or bad?
  • Are the parents looking after the child well enough?
  • Is this the first time the child has offended?
  • Will the child and family work with a social worker voluntarily?

Remember that you have three possible decisions.

  • Not to arrange a Children's Hearing
  • Voluntary support from the local authority
  • Arrange a Children's Hearing

Activity 3/3A: Children's Reporter Decision Time Scenarios

Kelly

Kelly is 14. She has been referred by her guidance teacher. She does not attend school regularly and when she does she falls asleep in the class. Further investigation shows that her father left the family two years ago. Her mother is a drug addict. She falls asleep in class because she is looking after her four-year-old brother and three-year-old sister. She is worried that something will happen to her mum.

What help does this young person need?


What is your decision?


Why have you made this decision?


Ross

Ross is 18 months old. He is in hospital with a broken arm. He was in the care of his parents at the time. There is no proof as to what happened. Ross was referred by the doctor at the hospital to the social work department, which has contacted you. The medical records show that Ross has suffered a number of cuts and bruises over his body in recent months without any good reason.

What help does this child need?


What is your decision?


Why have you made this decision?


Andrew

Andrew is 11 and has been charged with shoplifting. This is his first offence. His mum and dad are angry and upset about what he has done. They have now grounded Andrew. His behaviour is good at home and school, and his parents are at a loss to know why he did it.

What help does this child need?


What is your decision?


Why have you made this decision?


John

John is 14. He has been charged with assaulting another 14 year old boy and fracturing his jaw. The police have referred him to you. This is the first time that you have heard about John. Further investigation shows that John has been going out with a group of older teenagers and drinking. He is very sorry for what he did. His parents are having problems controlling him.

What help does this young person need?


What is your decision?


Why have you made this decision?


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Page updated: Wednesday, June 8, 2005