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DECISION TIME FOR THE CHILDREN'S REPORTER: SCENARIO

Teachers' sheet

The information about Peter overleaf provides an additional, more complex, scenario for use with senior pupils in Activity 3/3A: Decision Time for the Children's Reporter on pages 26-30.

DECISION TIME FOR THE CHILDREN'S REPORTER: SCENARIO

Peter

Peter is 13 and the youngest of four children. The three older children have left home. Peter is often left in the care of an older sister and has previously been left in her care while his mother travelled abroad on holiday. Peter's father died three years ago and his mother has since started a new relationship.

Peter was arrested for shoplifting. On the day of the offence Peter was truanting from school along with his co-accused. At the time of his arrest Peter was unaware of his mother's whereabouts. He was able to provide two possibilities, one being a local pub. Enquiries were made at these premises but his mother could not be found.

Following further enquiries, his mother was traced to her home address and agreed to attend at the police station. Some 45 minutes later Mrs Smith attended at the police station under the influence of alcohol but was not drunk. Mrs Smith was unco-operative towards the police and appeared to be more angry that Peter had been caught rather than at his involvement in a crime or being absent from school.

Peter admitted the offence and has had no previous dealings with the police or social work department.

What help does this young person need?

What is your decision?

Why have you made this decision?

ACTIVITY 5: PANEL MEMBER DECISIONS

Teachers' sheet

Aims:
To enable pupils to consider options that may be open to panel members and to select one of these and justify their decision.

Materials:
A copy of the Panel Member Decision Scenarios for each pupil.

Method:
Review the main decisions that a Hearing can take (Information Sheet 9).
Hand out the scenarios to each pupil.
Ask them to read the scenario then consider which decision they would take, ranking decisions where this is required.
Divide pupils into groups of three and ask them to discuss their decisions and reasons why they made that decision in their groups.
Discuss as a class whether there was agreement or disagreement within the groups.

Answers to Panel Members Decision Scenario 1 - page 54

A Hearing cannot make decisions 2,4 or 7, as a Supervision Requirement can only put conditions on children.
A Hearing can make decision 1 or 3.
Decisions 5 and 6 could occur as conditions of a Supervision Requirement.
Decision 8 is implied in a Supervision Requirement.

PANEL MEMBER DECISIONS SCENARIO 1

Read the scenario below. As a panel member think about which decision you would make.

Jane

Jane is aged seven, Jim is aged five. Their mother lives with a man who regularly physically assaults her. The children live with their mother and her boyfriend. Neighbours reported their concerns to the police. The children have never been assaulted but have witnessed their mother being abused. The police referred the children to the Hearings system because of concerns about their safety.

A neighbour has told the police that she frequently hears screaming and shouting coming from the flat and that she has seen the children's mother with bruising to her face. The neighbour does not want to get further involved.

Jane attends primary school and Jim goes to a nursery school. Neither child has caused any concern at school. The Reporter has discovered that their mother's boyfriend has previous convictions for assault, breach of the peace and theft.

When a social worker visited, the mother was angry, saying she would not allow any harm to come to her children. She claimed she and her boyfriend argue like any couple. She denied ever having been assaulted.

Three days later the boyfriend was arrested for assaulting the mother. The children were not present in the house when the incident happened. A week later the boyfriend was back staying at the house and the mother is claiming that the incident is being misunderstood.

What decision would you take that is in the children's best interests?

Rank your top three decisions where 1 = most important

1. No intervention

2. Voluntary engagement with the children is enough

3. Compulsory supervision by the local authority

4. Boyfriend to leave the family home

5. Children to stay with relatives/friends for a month

6. Foster care

7. Boyfriend to go on an anger management course

8. Mother to discuss with social workers concerns about the children's safety

9. None of the above

Which of these are decisions that the Children's Hearing could not make?

PANEL MEMBER DECISIONS SCENARIO 2

Read the scenario below. As a panel member think about which decision you would make.

Claire

Claire is 14. She threw a bottle through a shop window. She was caught doing this on CCTV and the police referred her to the Reporter. Her parents were shocked by her actions. Claire says little about the incident and claims not to care. She does not know why she did it. From initial reports by the local authority, there are no apparent issues in Claire's life which cause concern.

Two weeks after the 'shop window' incident, the school's guidance teacher found Claire crying uncontrollably in a wooded area by the school. The guidance teacher contacted the social worker who had seen Claire, and let the Reporter know. The guidance teacher reports that there has been a change in Claire in recent months. He thought it was a 'teenager thing'. Claire appears to have changed the group she goes around with and her schoolwork has suffered.

The Reporter asked for a more detailed assessment and also made contact with the educational psychologist assigned to Claire's school.

The social worker learned from Claire's parents that she had become withdrawn and isolated in recent months and the guidance teacher discovered from a past friend of Claire's that Claire was being emotionally bullied. Claire eventually admitted that she had been getting bullied about her appearance for some time.

The more Claire tried to placate the children who were bullying her by trying to win their approval, the more isolated she became from her old friends. Eventually she tried to seek acceptance from the children bullying her. They told her that she would have to 'prove' herself by throwing the bottle through the shop window.

Claire is reluctant to give evidence about those doing the bullying.

Claire has been referred because of the window incident.

What decision do you think should be taken?

Rank your top three decisions where 1 = most important

1. Nothing

2. Voluntary engagement with Claire is enough

3. Claire/Claire's parents should pay for the window

4. Claire should apologise to the shop-keeper

5. Compulsory supervision by the local authority

6. Claire should be moved to a new school

7. Claire should go on assertiveness/confidence-building course

8. Those alleged to be bullying Claire should be referred to Children's Hearings system

9. Those alleged to be bullying Claire should be moved to another school

10. None of the above

If Claire was your sister, what would you want done?

1. No intervention

2. Voluntary engagement with Claire is enough

3. Claire/Claire's parents should pay for the window

4. Claire should apologise to the shop-keeper

5. Compulsory supervision by the local authority

6. Claire should be moved to a new school

7. Claire should go on assertiveness/confidence-building courses

8. Those alleged to be bullying Claire should be referred to the Children's Hearings system

9. Those alleged to be bullying Claire should be moved to another school

10. None of the above

Is there a difference in the decision that you have taken if Claire was your sister?

If there is, can you explain why?

What could panel members learn from this?

PANEL MEMBER DECISIONS SCENARIO 3

Read the scenario below. As a panel member think about which decision you would make.

Robert

Robert is 12 years old and has been on supervision for the past three years - he was referred originally on offence grounds. He is regarded in his home community as a 'one-boy crimewave'. He has been assaulted by an adult who alleged that Robert was responsible for vandalising his car. The family as a whole now suffers victimisation because of his reputation, but Robert feels he is the victim rather than the wrongdoer. Despite the problems Robert has caused, he is still very close to his family.

The social work department has requested a Hearing to review Robert's circumstances. It recommend that Robert be removed from the community for his own safety. A residential school some 160 miles from his family home has been identified. This placement would cause considerable difficulties in maintaining contact. Robert's father is disabled, the family would need child care for Robert's sister Kathy, who has Down's syndrome, and there would be additional financial pressures on a family already struggling to make ends meet.

Robert's family accept that he needs help and are not resisting placement but they want Robert placed nearer home. Robert on the other hand does not appear to understand the seriousness of the situation or the recommendation. At the Hearing Robert will only contribute: "But he hit me hard." His only real concern is getting home to his PlayStation™.

What are the issues that need to be considered?

Given the options open to a Children's Hearing, what would be your decision and why?

ACTIVITY 6: WHAT IS LIFE LIKE FOR THE CHILDREN IN OUR COMMUNITY?

Teachers' sheet

Aims:
For pupils to develop an understanding of the social and economic factors which influence the lives of children in their local community.

Materials:
A copy for each pupil of Activity Sheet 6.
Access to local information/maps/local newspapers.

Method:
Debate within the Scottish Parliament has highlighted MSPs' concerns about early intervention, preventative measures, and greater support for vulnerable families.

Explain to the students that change cannot always take place as swiftly as the professionals in the field or their potential and actual clients would like.

Hand out Activity Sheet 6.

Discuss the task with the pupils and check understanding. Allow pupils to select their own work groups and if the local area is large, suggest that they divide it, with each group researching one area.

Agree a deadline, which will probably be the presentation day.

Following the presentation, discuss with the pupils what they have learned from their research, particularly in relation to any effects on the Children's Hearings system.

ACTIVITY 6: WHAT IS LIFE LIKE FOR THE CHILDREN IN OUR COMMUNITY?

Use the following questions to help you to put together a picture of what life is like for the children and young people in your community, including those within a limited income.

Draw up a balance sheet of positive and negative features of what you find. Consider the impact of this balance on a child/young person living in the community? Identify any gaps.

Prepare a 10-minute presentation of your findings.

• Are there safe places for children to play?
• How far do children have to travel to school each day - primary and secondary?
• Is there a local playgroup or nursery? How much does it cost per day?
• What is there for children and young people to do in their spare time?
• How much does it cost to join the Cubs or Brownies or to go to a youth club?
• Where is the nearest swimming pool, cinema, etc? How much do they cost?
• Where do local teenagers gather?
• How easy is it for a teenager to get a part-time job?
• What shops are available locally?
• What health services are available locally - is there a doctors' surgery or health centre in the area?
• How easy is it to get to these services?
• How good is public transport?
• What is the cost of the bus fare to the town centre or the nearest town?
• What are the houses and public buildings like - old, new, refurbished or derelict?

ACTIVITY 7: TRUANCY - BEHIND THE FIGURES.

Teachers' sheet

Aims:
For pupils to develop a greater understanding of the reasons why young people truant.

Materials:
A copy for each pupil of Activity Sheet 7 and Information Sheet 10 and your school attendance sheet format.

Method:
Tell the pupils that from April 2002 to March 2003, 4,116 referrals were made to the Children's Reporter on the grounds of 'failure to attend school without reasonable excuse'.

Divide the pupils into small groups and hand out your school attendance sheet. Explain how this works and what all the categories mean.
Hand out Activity Sheet 6.
Allocate sufficient time for pupils to complete the task.

Discuss their answers and note these in a central place. Hand out Information Sheet 10 and discuss any reasons that they did not cover.

Possible extension activities

Pupils could consider and investigate the following:

• the school's anti-bullying policy
• the role of the education welfare officer
• how long term non-attenders are supported to return to school
• school phobia.

ACTIVITY 7: TRUANCY - BEHIND THE FIGURES

WHY DO PUPILS TRUANT?

1. List below some reasons why you think pupils regularly truant from school.

2. List below some reasons why you think pupils occasionally truant from school.

3. List below some reasons why you think parents might keep children off school.

4. What suggestions could you make to support pupils who truant?

INFORMATION SHEET 10: TRUANCY

Some reasons why pupils might truant

Regularly

• To avoid being bullied
• To avoid being called a 'swot'
• To play computer games
• To go to work
• To avoid a subject or teacher
• To look after other people such as brothers and sisters or parents
• Bored at school
• Finding school difficult
• Friends don't go to school
• No point to it
• Way of life

Occasionally

• Homework not done
• Missed bus and don't want to go in late
• Clothes wet after paper round
• Something special on television
• Don't want test/exam results
• To look after other people such as brothers and sisters or parents

Why parents might keep children off school

• To baby sit
• To help them at work
• To wait for a workman
• To go on holiday
• To look after someone or do the shopping

School attendance sheets may pick up patterns of absence, for example

• Winter holiday dip - February/November
• Friday afternoon syndrome
• Last period of the day
• Particular subjects
• Seasonal work opportunity - fairground, fruit picking
• Before/after exams
• Flu/virus
• Transition from primary to secondary

CHTU University of Edinburgh

ACTIVITY 8: CHILDREN'S RIGHTS AND RESPONSIBILITIES

Teachers' sheet

Aims:
For pupils to develop a greater understanding of children's rights and responsibilities in law.

Materials:
A copy for each pupil of Information Sheets 11 and 12 and Activity Sheet 8.

Method:
Hand out Information Sheet 11 and discuss with the pupils. If it is appropriate, pupils could be asked to find out additional information about the European Convention on Human Rights and the organisations in Scotland which advise children and young people about their rights. You might wish to invite a speaker from one of these organisations to speak with the pupils.

Activity 8 can be used as a class activity or a homework task. Hand out the activity and check that the pupils understand what is required. Allocate 15-20 minutes for them to complete this individually.

The review of this activity could be managed in two ways. Firstly, with a large class, divide the pupils into small groups and ask them to discuss their answers and ideas and to note down any consensus and differences. The information from these small groups can then be discussed by the whole class.

Alternatively, with a small class, discuss their ideas all together highlighting any consensus and differences.

Hand out Information Sheet 12. Encourage pupils to compare their answers with the law as it stands at present. Use small groups to complete the tasks, allocating sufficient time for the pupils to do this.

INFORMATION SHEET 11: CHILDREN'S RIGHTS

In different parts of the world there are huge variations in attitudes to children and the rights given to them.

The United Nations Convention on the Rights of the Child

This was formally adopted by the UN General Assembly in 1989 and ratified by the UK in 1991. It attempts to set minimum international standards relating to children's civil, political, economic, social and cultural rights. The European Convention on Human Rights ( ECHR) was ratified by the UK in 1951 but was not formally adopted into UK law until the introduction of the Human Rights Act in October 2000. ECHR gives rights to both adults and children.

Changing times

In 19th century Britain, very young children were employed in factories and little boys were used as chimney sweeps or worked down mines because they could climb into narrow spaces. Not all children had access to education and this was not seen as a problem. Children were expected to be seen and not heard. Bad behaviour was dealt with by severe physical punishment.

Now strict employment laws control the hours and conditions of children's work. Corporal punishment is no longer permitted in schools but there is still a heated debate, as was seen in the Scottish Parliament, about whether it should be illegal for parents to hit their children.

The right of a child to instruct solicitors and to refuse consent to medical treatment is now recognised in law. The principle is gradually becoming accepted that systems and services, such as law, the health service, residential care and so on should be adapted for children rather than the other way round.

Market forces have recognised children and teenagers as consumers with the right to choose their own styles of dress and entertainment. At the same time there has been a gradual shift towards recognising the rights of children to make choices and to express views about other aspects of their lives. However, the powerlessness of children to do this in certain situations, particularly where they are being abused or bullied, has also been recognised.

Agencies such as the Scottish Child Law Centre, ChildLine and Who Cares? Scotland offer advice to children and young people, inform them of their rights and help them to make their voices heard.

Children's Rights in Scotland

The Children (Scotland) Act 1995 stresses the idea of parental responsibilities towards children, as well as rights over them. The importance of seeking and taking into account their views is enshrined in the Act. Children's rights embodied in the Act are the right to:

• be treated as an individual
• have a view
• have that view taken into consideration
• protection from all forms of abuse, neglect or exploitation
• family life whenever possible
• have any intervention fully justified
• attend their own Hearing
• know what decisions are being made and why.

ACTIVITY 8: CHILDREN'S RIGHTS AND RESPONSIBILITIES

1. Look at the list of rights and responsibilities below.

2. Complete the box with the age at which you think a child/young person should have this right/responsibility.

3. Justify your decision in the final box.

INFORMATION SHEET 12: CHILDREN'S RIGHTS AND RESPONSIBILITIES

In your group:

a) Identify any rights and responsibilities that you feel are not age appropriate, and say whether you believe that the age limit should be lowered or increased.

b) Write down a convincing argument for your views and present this to the other students in the class.

c) Are there any rights and responsibilities that you feel are missing that should be included?

Underline the rights that children and young people have when they attend a Children's Hearing.

In your view are these adequate? What changes would you suggest?

CHTU University of Edinburgh

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