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Executive Summary
Introduction and Background
1. The consultation document Getting it Right for Every Child - Proposals for Action, which was published on 21 June 2005, identified three main areas for improvement:
- Improving and unifying the services for children
- Strengthening the Children's Hearings system
- Modernising the Children's Hearings system.
2. The consultation document asked for respondents' views about 23 specific proposals relating to these broad themes. In addition to the 23 specific proposals respondents were asked for their views on four more open ended questions on particular issues. These specific questions concerned the Integrated Assessment, Records and Planning Framework, the role of Safeguarders and arrangements for supporting Panel members.
The Consultation
3. 605 completed responses were received. 68% of these responses came from individuals and 32% were from organisations. In addition, a total of 41 children and young people participated in a series of events organised by Children in Scotland.
4. Three-quarters of respondents said that they had some direct involvement in the Children's Hearings system as a volunteer, and from the analysis of the written responses it would appear that most of these volunteers were current or former Children's Panel Members. A further 17% of respondents said they had direct experience of the Hearings system as a professional. While not all of these individuals gave details of their profession it is clear from the analysis that the main professionals who responded came from the social work, education and health sectors.
5. A quarter of organisational responses came from the local government sector. The next largest category of responses came from national and local voluntary organisations (19%), followed by Children's Panel Advisory Committees ( CPACs) (15%) and Panels themselves (10%).
Methodology
6. The analysis of the consultation responses involved a combination of qualitative and quantitative methods.
7. The quantitative analysis aimed to describe the proportion of respondents that were supportive, or otherwise of the suggestions made in the consultation document. A coding framework was devised based on analysis of the first 100 responses. This was further developed and refined following ongoing analysis of responses. Initially this coding was limited to an agree/disagree categorisation. However, once all responses had been received it was possible to develop a more detailed coding framework for a limited number of questions.
8. The qualitative analysis aimed to capture in more detail the concerns and issues raised by respondents, and the reasoning behind their views. A large number of responses were received, and comments on individual questions varied from one word answers, to long detailed comments.
9. The vast majority of these responses were positive and expressed support in principle for all but one of the proposals contained in the consultation paper. Where respondents have expressed doubts about some of the proposals it is generally from a perspective of ensuring that what is proposed is implemented effectively and helps achieve the desired objectives.
Improving Children's Services
10. The consultation paper contained a number of proposals designed to help deliver high quality children's services that meet the Scottish Executive's broad vision for children. To achieve this the Scottish Executive propose to establish a framework through legislation, best practice, revised guidance and regulation and to continue working with children's services to make sure that the right structures, systems and staff are in place.
11. A substantial majority of respondents expressed support for all of the proposals designed to improve children's services. Many respondents emphasised the need to build upon existing good practice and structures and systems for developing an integrated approach towards meeting the needs of children and young people rather than introducing new structures and procedures.
12. Many respondents were keen to have greater detail about specific proposals including how they would work in practice and more clarity about the use of key terminology, e.g. 'children in need'. There was also a strong body of opinion seeking more clarity about the role of the 'lead professional' and how this role would complement the roles of other professionals involved in the Hearings system.
13. A substantial number of respondents emphasised the need for the provision of information about children's services to be tailored to the needs of all children and young people and to take account of diversity in relation to issues such as age, gender, ethnic background and sexuality.
14. It is clear from many responses that cultural and attitudinal changes will be essential to achieve the objectives described in the consultation paper and that change would not result simply from structural or legislative changes alone.
15. There was a strong consensus amongst the children and young people who participated in the consultation that if young people need to portray their problems and views to adults, they would greatly prefer to talk to one adult who would take a written record and share it with the other people who need to know, rather than having to talk to a number of adults on a number of different occasions.
The Integrated Assessment, Records and Planning Framework
16. The consultation paper proposed that the Scottish Executive, in consultation with appropriate agencies will develop a single integrated assessment, planning and recording tool for use within a framework of co-ordinated meetings, reviews and planning. It also suggests that in time these arrangements will replace meetings about child protection, looked after children, joint assessment, youth offending and other inter-agency arrangements.
17. A large majority of respondents expressed their support for the concept of the Integrated Assessment, Planning and Recording Framework across a wide range of respondents to the consultation. However, a number of respondents offered suggestions about how the framework could be developed and strengthened.
18. There are some concerns that the proposed framework could be too simplistic for dealing with particularly complex or sensitive cases. Alternative suggestions of a more modular approach or maintaining separate assessments for certain categories of cases are made by a number of respondents from a range of different organisations.
19. There are also some concerns that attempting to use terminology that is "child friendly" means that the assessment triangle model is over simplified and open to a range of different interpretations. The need for clear guidance to ensure that the model is used effectively is also raised by a substantial number of respondents.
Improving How Children's Hearings Work
20. The consultation paper made a number of proposals aimed at ensuring that the most effective means of intervention is used in all circumstances and that a referral to a Children's Hearing is reserved for those children who have significant needs and for whom compulsion is likely to be necessary. In particular, it contained proposals relating to:
- Grounds for referral to the Children's Hearing system
- Action Plans and implementation
- The frequency and timing of Children's Hearings
- Adaptations to the procedures of the Hearings system.
The vast majority of respondents expressed their support for the principles underpinning all of these proposals with the exception of the proposal relating to the inclusion of victims in Hearings.
Grounds for Referral
21. There is strong support for a more focused and targeted approach to referrals to Children's Hearings. Some concerns were expressed that the proposals could result in too much emphasis being placed on offending at the expense of looking at the wider welfare of children and young people. In addition, many respondents asked for greater clarification about the definition and interpretation of key terms such as 'significant need' and a 'pattern of behaviour'.
22. A significant number of respondents are concerned that setting the threshold for referral to a Children's Hearing too high could result in some children or young people not receiving the support they require. Similarly, a number of respondents voice concerns that waiting for a 'pattern of behaviour' to be identified could mean that any intervention could come too late or make it more difficult to change behaviour.
23. Some respondents observed that care needs to be taken to ensure that any proposals to streamline the referral process do not undermine the rights of the child and do not impact on the need to maintain the principles of natural justice.
Action Plans and Implementation
24. The vast majority of respondents agree with the proposal that multi-agency Action Plans should be prepared in particularly complex or sensitive cases. However, some statutory organisations, particularly local authorities are concerned about the accountability for agreeing and implementing Action Plans and the potential resource implications of having such plans "imposed" upon them.
25. While a majority of respondents support the proposals relating to the use of Interim Supervision Orders, some express caution and are keen to ensure that such orders are not made without sufficient background information being made available to Panel Members.
26. A number of respondents have called for greater clarity about the use of the 'persistence test' and expressed fears that overuse could result in an increased number of Hearings that would place considerable strain on the resources of both Panel Members and professionals that are expected to attend Hearings.
Frequency and Timing of Hearings
27. A large majority of respondents support the proposals relating to the frequency and timing of meetings. A number of respondents raised concerns that convening Hearings too frequently could undermine attempts to provide support to children or young people as many interventions may take some time to prove their effectiveness in terms of changing behaviours.
28. While there is considerable support for the principle of not having Hearings during school hours, a large number of respondents have raised practical concerns particularly in relation to the availability of professionals to attend 'out-of-hours' Hearings.
Adaptations to Proceedings
29. A majority of respondents agree that the Hearings system should be flexible and that Hearings should be able to adapt their procedures to meet the needs of individual cases. There is strong opposition to the suggestion that community representatives or victims should have a role to play in the formal Hearings proceedings.
30. A large majority of respondents agree that it would be desirable to have more continuity of Panel Members between Hearings dealing with the same child or young person. It is also clear that there will be significant logistical barriers that will need to be overcome to achieve this objective.
31. Children and young people who participated in the consultation thought that someone should only go to a Hearing if there was a very serious problem either with their behaviour or with their family. However, it was thought that the definition of a serious problem would be dependent on each individual child or young person and their specific circumstances. The majority of children and young people who had direct experience of the Children's Hearings system felt that the referral system worked well in its current form.
32. A large majority of participants felt, that whilst it may be beneficial for children and young people to explain their actions to the victims of their behaviour, it should not be part of a Hearing. Children and young people felt that if this proposal was adopted, it would act to further distress the child or young person and make the experience of attending a Hearing even more "daunting".
Providing Better Support to Children's Hearings
33. The consultation paper made a number of proposals concerning providing better support to Children's Hearings. In particular it made proposals relating to:
- The provision of legal representation
- Withholding information provided by the child
- Removing the required link to local authority boundaries
- Modernising arrangements for Panel Members
Legal Representation
34. A large majority of respondents support the proposal for the appointment of a legal representative in appropriate cases. There are some concerns that if this provision is overused then it could undermine the informality of the Hearings system.
35. A large number of respondents suggest that guidance should be issued making it clear in what circumstances legal representation would be appropriate in order to ensure that a consistent approach is adopted that is based on demonstrable need rather than becoming the norm.
The Role of Safeguarders
36. There are mixed views about the role of Safeguarders and some issues which respondents say need to be addressed if their role is to continue. However, a substantial number of respondents say that any decision about their future role should await the outcome of the current research project.
37. A substantial number of respondents suggest that there is a danger that the roles of advocates, Safeguarders and legal representatives could become confused and that there is a need for more clarity about their respective roles.
38. The general opinion of the children and young people who participated in the consultation was that, the role of the safeguarder was not beneficial to their experience of the system. They felt that a better alternative would be an advocate whose role is to provide children with advice and support.
Withholding Information
39. While the vast majority of respondents recognised the need for withholding information about children in certain circumstances, many respondents suggested that detailed guidance on the criteria for withholding information was required to ensure that this power was not abused.
Link to Local Authority Boundaries and Support for Panel Members
40. While a large number of respondents say that they support greater flexibility in the arrangements for allowing Panel Members to sit in Hearings in different geographical areas there is strong opposition, particularly from local authorities, CPACs and Panel Members to removing the formal link with local government boundaries.
41. There are also mixed views on the desirability of establishing regional or national arrangements for the recruitment, training and support of Panel Members. However, there was a high level of support for the establishment of a framework of national standards.
Increasing Public Confidence in the Children's Hearings System
42. The consultation paper made two specific proposals designed to increase public confidence in the Hearing's system.
43. A large majority of respondents support the principle of making more information available to local communities to dispel the 'myth' that the system represents a 'soft option'. There are, however some concerns that any information that is provided should emphasis positive outcomes and not just 'problem' behaviour. Many respondents also raised concerns about ensuring that there are appropriate safeguards to ensure that information is provided in such a way as to preserve the privacy and confidentiality of individuals.
44. The main areas children and young people wanted information on were: what the Children's Hearings system is; why you go to the panel; what happens at the panel; who will be at the panel; and what happens after the Hearing. One young person also suggested that there should be readily available information on what help there is for children and young people going through the Children's Hearings system.
Conclusions
45. This was a wide ranging consultation that invited responses to a substantial number of detailed proposals regarding the future operation of the Children's Hearings system and the wider provision of services and support to children and young people. Many of the proposals included in the consultation paper would involve substantial changes in the way services for children are delivered and in how the Children's Hearing system operates. The implementation of these proposals would have a significant impact on the way a large number of organisations and individuals work.
46. The vast majority of responses were positive and expressed support in principle for all of the proposals contained in the consultation paper. Where respondents have expressed doubts about some of the proposals it is generally from a perspective of ensuring that what is proposed is the most effective way of meeting the stated objectives. The vast majority of comments received are concerned with the detailed arrangements for implementing proposals; are seeking further clarification about specific aspects of a proposal or raise practical issues that will need to be addressed in order to achieve the desired outcomes.
47. The understanding of the respondents of the issues involved and the commitment to make the system work for the benefit of children and young people was impressive. There is a wealth of detail in the responses that have been received and a range of positive and constructive suggestions about how the proposals can be made to work in practice.
48. There were a number of areas where the views expressed by the children and young people who participated in the events facilitated by Children in Scotland represented a distinctive 'voice' that did not necessarily reflect the views of the majority of other respondents.
49. A large number of respondents make the point that many of the proposals concerning adopting a more integrated approach to the planning and provision of children's services reflect current trends that are already happening in practice. There is a concern to ensure that any proposals arising from this consultation build upon existing good practice and are integrated with other developments rather than introducing new structures and systems.
50. One recurring theme that is evident from many of the responses is the fact that the changes that are proposed in the consultation paper will require cultural changes that will not be achieved by simply introducing new legislation, changing structures or introducing new systems and procedures.
51. There are some concerns expressed in the responses that the cumulative impact of the proposals outlined in the consultation paper could represent a fundamental change in the role of the Children's Hearings system. There is a fear that this cumulative impact may result in the system being more concerned with dealing with the behaviour of a smaller number of 'persistent offenders' whose behaviour gives particular cause for concern rather than concerning itself with the wider welfare and wellbeing of a larger group of children and young people.
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