Children's Voices
"Adults don't listen to your views, they make decisions without consulting the young person even though the young person is the most important person there."
Young person
The Government is committed to implementing the United Nations Convention on the Rights of the Child (UNCRC), looking to reflect its provisions wherever possible in the development of policy, practice and legislation. Article 12 of the UNCRC confers the rights of children to express their views on matters affecting them and for those views to be given due consideration.
Article 12 of the UNCRC:
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law
A key element of Ministers' vision for Scotland's children is that they are respected and responsible - they should be involved in decisions that affect them, should have their voices heard and should be encouraged to play an active and responsible role in their schools, communities and society at large.
The Scottish report being drafted alongside the next UK States Party report to the UN Committee on the Rights of the Child deals in detail with measures taken to comply with the UNCRC articles, and will be published in July 2007.
Some examples of Scottish activity relevant to eliciting and listening to the voice of the child.
" Opportunities for the child to be heard in legal procedures affecting parental responsibilities etc
The Children (S) Act 1995 provides that, in family court actions (including divorce and separation proceedings) the welfare of the child is the paramount consideration. A court should give a child the opportunity to express views on the matter the court is being asked to determine and to have regard to the views expressed. It gives age 12 as an age at which a child is presumed to be of sufficient age and maturity to form a view, but the court can and does take into account the views of children younger than this. Children can also instruct a solicitor under the Age of Legal Capacity (Scotland) Act 1991 which gives the same presumption about children aged 12 and above.
In 1998 the Executive produced You Matter (for children 11 -16) and Your Children Matter (for adults) to explain the family law provisions in the Children (Scotland) Act 1995 with a key focus on the voice of the child. Following the changes introduced by the Family Law (Scotland) Act 2006, a new information booklet, Family Matters Family Law and Young People in Scotland is being made widely available.
Children's Hearings System
One of the overarching principles that apply to decision making in Children's Hearings is that the child has a voice. In determining what action is in the child's best interests, children's panel members are required to seek and actively consider the views of children, taking account of the age and maturity of the child concerned. A child may also ask a representative (eg a family friend) or a legal representative (usually in cases where deprivation of the child's liberty is being considered), or both to speak on his or her behalf at the Hearing. The child's views may also be conveyed to the Children's Hearing by the child in writing, on audio or video tape or through an interpreter, or by any safeguarder appointed by the Children's Hearing.
As well as the current procedure to appoint a legal representative where this is necessary, Getting it right for every child proposes a duty on the Principal Reporter to ensure children have legal representation where necessary, under the current criteria which protect their rights.
In 2005, the Scottish Executive commissioned the Scottish Children's Reporter Administration to carry out research to determine the extent of children's participation in Children's Hearings and how their views are taken into account in decisions made about them. Big Words and Big Tables - Children and Young People's Experience of Advocacy Support and Participation in the Children's Hearings System was published in June 2006.
http://www.scra.gov.uk/documents/GIRFEC_Big_words_and_Big_tables.pdf
GIRFEC will ensure that the views of the child will be taken into account in a number of ways. There will be duties on agencies to seek and record the views of children as part of the agencies' local co-ordination and monitoring framework. This will be delivered through a single assessment, record and plan which will highlight the need to record the child's views at every stage.
Looked after children
Under Section 17 of the Children (Scotland) Act 1995, local authorities have a duty to find out and have regard to the views of the child, their parents and any other relevant person, so far as is practicable when making decisions about a child whom they look after. In addition, when inspecting care services, the Care Commission takes into account the national care standards and some of these deal with how children can express their views (Standard 4 for Foster care and family placement services, and Standards 18 and 19 for Care homes for children and young people).
Giving evidence in court
The Vulnerable Witnesses (Scotland) Act 2004 requires courts to ascertain the views of children about the way in which they wish to give evidence as witnesses in court proceedings.
Related Information