Children's Hearings - How they work?

Children are referred to the Reporter by Police, Social Workers, Schools etc, or indeed any person who knows a child in difficulties. The Reporter is appointed by the Scottish Children's Reporter Administration and usually has a legal background.

The Reporter investigates the allegations to see if any grounds for referral are substantiated.

If after investigation the Reporter feels the child may be in need of "Compulsory Measures of Supervision", he or she will call a Children's Hearing.

If the Reporter feels compulsory measures are not required they may decide to take no further action, or arrange a Police Warning or refer the matter to the Social Work Department on a voluntary basis for advice, guidance or assistance. The Reporter may also inform families of other agencies who could assist.

The "Grounds for Referral" which form the basis for calling the child to a Hearing are:

Child Beyond Control of Parents
Child Falling into Bad Association or Exposed to Moral Danger
Lack of Parental Care
Incest or Sexual Abuse
Physical Abuse
Failure to Attend School With Reasonable Excuse
Drink, Drug Offence, Solvent Abuse
Child Committing Offences
Motoring Offences

At least one of the Grounds must be satisfied for the Reporter to call a Hearing.

The Hearing

First of all, a Hearing places the child at the centre of its decision making. Unless public safety is at risk, all decisions about the child have to be in the child's best interest.

A Hearing is made up of 3 members of the public who have been appointed to serve as Panel Members and if they reach a decision this may mean no action is needed and a child can work voluntarily with the Social Work Department for a period of time; to attend school; to go on certain programmes to address behaviour or victim awareness; to be looked after by the local authority, this may be a foster care situation or in a Young People's Unit. If sufficiently serious, the Hearing can decide that the child goes into secure care where his movements are restricted.

The system takes steps towards ensuring that unacceptable behaviour or risks do not happen again. This can be very challenging as it seeks to make the child face up to his actions and behaviour.

« Children's Panel

This information is provided by the Support Services Department