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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 with Primary 7 pupils which will provide accurate information about the Hearings system and will help pupils to gain a better understanding of the following:

• 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 each 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.

Topic 1 The Children's Hearings System

Fascinating Facts sheets are used to introduce pupils to the Children's Hearings system and the people who work within it. The People Profiles introduce the pupils
to the key people in the system, and two activities are provided to consolidate
their learning.

Topic 2 The Children's Hearings Process

This topic is divided into four parts, which match the four steps of the Children's Hearings process:

Step 1 - The Referral

Pupils are introduced to the reasons why children/young people are referred to the Children's Reporter, and are provided with recent statistics for interpretation and discussion.

Step 2 - The Investigation

The fact sheets and activities in this section concentrate on the role of the Reporter and how he/she decides what action to take following a referral. Pupils are presented with cases and asked to make a decision about a referral as the Reporter.

Step 3 - The Hearing

This section provides an outline of what happens at a Hearing and the key people who attend. Pupils learn about the role of panel members through preparing questions that they would like to ask at a Hearing.

Step 4 - The Outcome

This section familiarises the pupils with the decisions that a Hearing can take and explains the meaning of compulsory supervision.

Enrichment Activities

These additional activities are provided for use should time allow. Pupils are asked to produce a leaflet about the Children's Hearings system for children in their school as well as a poster to recruit panel members from the local community.

Case Study

The case of Kirsten Anderson is presented as a set of papers exactly the same as panel members would receive before a Hearing. Suggestions as to how this material might be used are provided with the case study.

The materials have been developed to sit within the 5-14 curriculum through Personal and social development ( PSD), Environmental studies: Social subjects and education for citizenship. The aim is to broaden pupils' knowledge of their local community and society. In particular, the resource materials are linked to the strand Rules, rights and responsibilities in People in society. At level D they relate to the outcomes 'suggest some of the rights and responsibilities of a citizen in a democracy' and 'describe some ways in which society deals with and punishes crime'. At Level E they relate to the outcome 'describe some of the rights of young people and the laws that affect them'. Used within PSD and citizenship programmes, they can focus on interdependence and develop pupils' interpersonal skills.

The materials can be used either as an independent topic or as part of an existing People in society, PSD or citizenship programme. It would be possible to combine a number of the activities to provide a workshop for use during, for example, a Citizenship Week.
This could be done by placing a particular focus on activities relating to decision making by the Reporter and panel member. The case study provides a context for role play and an exploration of the issues of truancy and offending.

The activities provide opportunities for pupils to work on their own or in small groups and to make independent decisions and be able to justify them to their peers. This enables pupils to develop decision making and communication skills.

The Children's Hearings system provides a good context for developing pupils' own views, opinions and attitudes to children and young people who are vulnerable or in trouble. Through engaging with the subject matter, pupils are encouraged to adopt an open mind and to develop an empathetic understanding.

A note of caution

In preparing this resource for P7 pupils, consideration has been given to the sensitive nature of some of the circumstances of the children and 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 child 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.

The Children's Hearings system is Scotland's unique system of combining welfare and justice for vulnerable and troubled children and 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, who are 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 aims to provide the most appropriate and effective intervention for each child/young person.

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.

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, the child's welfare may be at risk or he/she may have suffered abuse or neglect. He/she may be the victim of an offence, have committed an offence, or both. Anyone who is concerned about the child can refer him/her 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 make a referral, 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, 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 child. The key people involved in the Hearing are:

• the child/young person and the relevant adults in his/her life (usually their parents and/or carers)
• the Reporter
• three panel members
• a social worker.

Other relevant professionals may be present such as social work staff, teachers, health workers or 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 the age of 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, they may decide:

• to 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 or if it is necessary to find and keep a child in a 'place of safety'. These warrants may last a maximum of 22 days, then they must be reviewed at another Children's Hearing. A Hearing may not authorise a child to be kept in a place of safety for longer than 66 days.

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.

A number of different people, both professionals and volunteers, are involved in the Children's Hearings system.

The Children's Reporter is a locally based official who works for the Scottish Children's Reporters 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 teachers' guide.

The panel members are volunteers from the local community who are of different ages and have different skills and experience. A Children's Hearing is made up of three panel members (at least one of whom must be male and one female). Their role is to make the decisions at the Children's Hearing that are in the child/young person's best interests. All panel members are chosen by interview and undergo intensive pre-service and in-service training which helps them to carry out their role.

A social worker will tell the Children's Reporter about any children/young people that he/she is concerned about and will write reports to help the Reporter to decide whether there needs to be a Children's Hearing. Social workers will write a report for the panel members and go to the Hearing to discuss this. If the Hearing decides that compulsory measures of supervision are necessary, it will impose a Supervision Requirement (a plan of work, support and services to help the child/young person). It is the local authority that employs the social worker that is responsible for carrying this out.

A teacher may also contact the Children's Reporter if he/she is concerned about a child/young person. He/she will prepare a school report for the Children's Hearing, which will tell the panel members about the child/young person's attendance, how they are doing in different subjects and how they behave in school. A teacher may go to the Children's Hearing to discuss the report and highlight any worries that he/she may have.

The Children's Hearing might appoint an independent person called a Safeguarder to look after the child/young person's interests in the Hearing. He/she will write a report for the Hearing and will be there to represent the child/young person's best interests, although sometimes the child/young person may not agree with what the Safeguarder says.

A solicitor (lawyer) might be appointed by a Hearing to help the child/young person to take part in the Hearing. Also, if the Hearing is discussing whether a young person should be sent to secure accommodation (be temporarily held in locked facilities for their own safety or the safety of others), the solicitor will attend the Hearing. In both these cases the solicitor is called the Legal Representative.

Scottish Ministers appoint children's panel members. The Scottish Executive runs an annual national recruitment campaign. Advice on appointment and re-appointment of panel members is provided to the Scottish Executive by members of Children's Panel Advisory Committees ( CPACs). CPACs comprise both members appointed by Scottish Ministers and members nominated by local authorities. The Scottish Executive also provides national training for panel members and CPAC members, and funds the Scottish Children's Reporter Administration.

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 is brought to the notice of the Children's Hearings system. The child is referred to the Reporter by anyone, usually the police or a social worker but possibly by a neighbour, friend, parent, health worker or a court. Children may also self-refer but this is not common.

Review: a Supervision Requirement must be reviewed within a year, but the Hearing 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 following the date of the Hearing.

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 a child/young person.

Supervision Requirement: a plan 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. The effect is that the child/young person subject to a Supervision Requirement will become a 'looked-after child' of the local authority.

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).

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 North Tel: 0141-567 7900
Glasgow North East Tel: 0141-5677900
Glasgow South Tel: 0141-5677900
Glasgow East 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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