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Getting it Right for Every Child
Consultation Pack on the Review of the Children's Hearings System

Ministerial Foreword

"We will review the Children's Hearings system to develop and improve the current service. Scotland has led the world in developing a system which puts the child at its centre, involves local people in deciding what is the right thing to do and focuses on the care and welfare of young people. We will hold on to those fundamental principles. It is now, however, time to review the system to ensure that it has the right set up and adequate resources to ensure that it does the best possible job to protect children." Partnership Agreement, May 2003

A number of children and families in our society face very difficult circumstances. Some children can be at risk of physical or sexual abuse; or they may abuse alcohol or drugs; or become involved in offending.

In Scotland we have a unique approach to addressing the needs and behaviour of such children: the Children's Hearings system. It places the child at its centre, has its roots in the community and brings together consideration of the needs, circumstances and behaviour of the child to arrive at a decision on what needs to be done for the child.

Our Hearings system was established 33 years ago from work completed by Lord Kilbrandon 40 years ago. Much has changed over the years in society. We have a system which is still internationally praised. But we need to look constructively and critically at how the system is operating. We want the system to be as focused, relevant, supportive and effective today as it was intended to be when it started.

This consultation document is the first part of that review which will last until the summer. We want wide and open discussions on the issues facing the Hearings system, its principles and its objectives. Have we the right aims for dealing with vulnerable children in Scottish society? Is the Hearings system able to do everything it needs to in order to protect children?

We want to hear the views on the Children's Hearings system from people across Scotland _ those who are familiar with it and those who are not, but who share an interest in the wellbeing of our children, families and communities.

In the second phase of the review later in the year we will work with those in the system and others to consider what detailed changes to structures and legislation might be necessary to bring about the type of system we want to see in place for Scotland's children.

We look forward to hearing your views.

Peter Peacock MSP Minister for Education and Young People	Euan Robson MSP Deputy Minister for Education and Young People

Reviewing The System

Why?

A review is needed because the Children's Hearings system:

• faces changes in society, family structure and legislation since it was established
  33 years ago. It has not been subjected to a thorough review during that period. Children's rights and an improved understanding of child abuse have also developed;
• could work better with support services to ensure good outcomes for children;
• has experienced a shift in the balance of referrals to the Reporter to care and protection (i.e. non-offence grounds) (60% in 2002-03 compared to 16% in 1976). Non-offence referrals have doubled since 1992. Within that increase, alleged parental neglect cases have nearly doubled within the past 5 years;
• helps many children but, as a system, still fails some. There are consistently poor outcomes for children in the care system or leaving care, and concern in communities that the system is unable to deal effectively with persistent offending;
• experiences local variations in support, practice and speed of delivery;
• while founded on strong principles which place the child at the centre, might be enhanced if consideration were given to having more influence over parents' actions;
• does not evaluate outcomes for children in the medium to long term or effectively track results in the short term. There is no commonly agreed source for evaluation;
• does not guarantee proper effective implementation of Hearings' decisions. Audit Scotland showed that 25% of young offenders on supervision did not get a service. In research on the cases of children on home supervision, a fifth had no social worker attached to the family for several months.

How does the Children's Hearings system best meet the requirements of a modern Scotland and how can its aims and impact be adapted and strengthened?

How?

Phase 1 is about the principles of the system and discussion of related key issues.
Phase 2 later this year will consider how we go about improving the system.

When?

Replies to this consultation pack are due by 21 July.

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