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Listen
Conclusion
The principle of participation is a key feature of the Children's Hearings System, entrenched in the both the philosophy and legislation which govern the operation of the System. However, this review of research on the participation of children and young people in the Children's Hearings System, focusing on projects which sought the views of children and young people, has shown that this principle is difficult to put into practice. It was found that there is a complex situation where children often feel left out of discussion and are confronted with a range of barriers which makes it very difficult for them to participate and effectively express their views. Although a number of provisions do exist to help overcome these barriers and thus facilitate the participation of children and young people, there is a distinct gap in the research evidence of models of advocacy which children and young people themselves would find useful in supporting their participation in the Hearings System.
Despite the limitations reported on children's participation in the Children's Hearings System, the research evidence suggests that the mechanisms that exist and the extent to which they enable children and young people participate in the Scottish Hearings System are at least as extensive if not more so than in other UK proceedings and those of other countries. However, this review has shown that there are common barriers preventing the participation of children and young people in welfare, justice and family decision-making in different types of proceedings and across international jurisdictions.
The similarities in terms of barriers have highlighted common issues to be addressed to facilitate participation. These are:
- Children want to be listened to.
- Children must be given the opportunity to attend the proceedings concerning them.
- Confidentiality is essential to ensure that children will fully express their views.
- Children require to be kept informed. They have a right and a desire to be provided with information in a format suitable for them which explains processes, options, decisions and reasons for decisions.
Where an advocate is seen as necessary, they must be:
- Confidential.
- Knowledgeable about the system.
- Able to communicate effectively with children.
- Good listener.
- Be provided on a continuous basis to support a child throughout his/her case.
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