Children's Hearing
Encyclopedia
A Children’s Hearing is part of the legal
and welfare systems in Scotland
; it aims to combine justice and welfare for children and young people.
A Children’s Hearing is carried out by three specially trained lay tribunal
members of the Children’s Panel, a Children's Reporter, child and legal guardian and a representative of the local social work department. The Children's Reporter takes no part in the decision making process of a Children's Hearing. A change to the role was introduced in September 2009 and the Reporter is able to make representations if the Panel is at risk of making a decision which is not, in the Reporter’s view, competent or procedurally correct. The Reporter is responsible for the administration of the Hearing and also represents the decisions of hearings in a court setting when grounds of referral are disputed or the child is too young to express a view on the grounds for referral.
There is a separate panel for each local authority
area
.
Any child generally under the age of 16, or under the age of 18 but still subject to a supervision requirement, who offends is referred to a hearing unless the area Procurator Fiscal
decides that the seriousness of the case merits prosecution in either the Sheriff Court
or High Court of Justiciary
.
For the hearing itself, the children's hearing has the power to appoint a legal representative where the members of the children’s panel consider it likely that there may a recommendation of secure accommodation or where legal representation is needed to allow the child to participate effectively at the hearing. Children’s Legal Representatives are members of special panels maintained by local authorities, with all costs met by the Scottish Executive
. The hearing may also appoint an independent person known as a Safeguarder whose purpose is to prepare a report to assist the hearing in reaching a decision; the Safeguarder must act in the best interests of the child, which indeed is the basis of all decisions made by children’s hearings. Each Children's Hearing must consider whether the child's immediate safety is assured. If this is not the case panel members have the power to issue a place of safety warrant. This warrant empowers the social work department to the move the child to "a place of safety" (e.g. Children's Residential Home, Foster Care, the care of relatives). Panel members also have the powers to issue a warrant when necessary to enforce the attendance at hearings of those invited.
Supervision Requirement. These conditions may range from attendance on a particular
programme, conditions regulating contact with parents or other significant adults/family members, contact with a social worker, placement in foster care, residential accommodation or secure accommodation. Once issued a Supervision Requirement must be reviewed by a Hearing within 12 months. Guardians and children can ask for this to be reviewed at any stage after 3 months. The social work department have powers to ask for the requirement to be reviewed though at any time.
under the chairmanship of Lord Kilbrandon, a Senator of the College of Justice
, to examine how young offenders were dealt with.
The existing juvenile courts were regarded as unsuitable because they had to combine the characteristics of a criminal court with those of a treatment agency. Separation of functions was recommended. The establishment of the grounds of referral (where disputed) was to remain with the courts but decisions on treatment were to be the responsibility
of a new and unique kind of tribunal, which would be neither a court of law nor a local authority committee. On April 15, 1971, hearings took over from the courts most of the responsibility for children under 16.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
and welfare systems in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
; it aims to combine justice and welfare for children and young people.
A Children’s Hearing is carried out by three specially trained lay tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
members of the Children’s Panel, a Children's Reporter, child and legal guardian and a representative of the local social work department. The Children's Reporter takes no part in the decision making process of a Children's Hearing. A change to the role was introduced in September 2009 and the Reporter is able to make representations if the Panel is at risk of making a decision which is not, in the Reporter’s view, competent or procedurally correct. The Reporter is responsible for the administration of the Hearing and also represents the decisions of hearings in a court setting when grounds of referral are disputed or the child is too young to express a view on the grounds for referral.
There is a separate panel for each local authority
Local government of Scotland
Local government in Scotland is organised through 32 unitary authorities designated as Councils which consist of councillors elected every four years by registered voters in each of the council areas....
area
Subdivisions of Scotland
For local government purposes, Scotland is divided into 32 areas designated as "council areas" which are all governed by unitary authorities designated as "councils"...
.
Procedure
Children referred to hearings are first referred to the Scottish Children's Reporters Administration. Uniquely in Scotland, referrals may be made on offence grounds and/or care and protection grounds. The Children's Reporter investigates the case (usually via information provided by the social work department) and will decide whether or not compulsory measures of supervision may be required. If, in the Reporter's opinion, such measures are required, a Hearing will be arranged. The Reporter may take other steps short of arranging a Hearing, for example arrange for some form of restorative justice. On average, of every five children referred to the Reporter, one is referred to a hearing.Any child generally under the age of 16, or under the age of 18 but still subject to a supervision requirement, who offends is referred to a hearing unless the area Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
decides that the seriousness of the case merits prosecution in either the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
or High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
.
For the hearing itself, the children's hearing has the power to appoint a legal representative where the members of the children’s panel consider it likely that there may a recommendation of secure accommodation or where legal representation is needed to allow the child to participate effectively at the hearing. Children’s Legal Representatives are members of special panels maintained by local authorities, with all costs met by the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
. The hearing may also appoint an independent person known as a Safeguarder whose purpose is to prepare a report to assist the hearing in reaching a decision; the Safeguarder must act in the best interests of the child, which indeed is the basis of all decisions made by children’s hearings. Each Children's Hearing must consider whether the child's immediate safety is assured. If this is not the case panel members have the power to issue a place of safety warrant. This warrant empowers the social work department to the move the child to "a place of safety" (e.g. Children's Residential Home, Foster Care, the care of relatives). Panel members also have the powers to issue a warrant when necessary to enforce the attendance at hearings of those invited.
Supervision requirements
Hearings have power to make a wide range of conditions on a disposal called aSupervision Requirement. These conditions may range from attendance on a particular
programme, conditions regulating contact with parents or other significant adults/family members, contact with a social worker, placement in foster care, residential accommodation or secure accommodation. Once issued a Supervision Requirement must be reviewed by a Hearing within 12 months. Guardians and children can ask for this to be reviewed at any stage after 3 months. The social work department have powers to ask for the requirement to be reviewed though at any time.
History
The children’s hearings system was initiated by the Social Work (Scotland) Act 1968, now incorporated in the Children (Scotland) Act 1995. It followed a report in April 1964 of a committee set up by the Secretary of State for ScotlandSecretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
under the chairmanship of Lord Kilbrandon, a Senator of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, to examine how young offenders were dealt with.
The existing juvenile courts were regarded as unsuitable because they had to combine the characteristics of a criminal court with those of a treatment agency. Separation of functions was recommended. The establishment of the grounds of referral (where disputed) was to remain with the courts but decisions on treatment were to be the responsibility
of a new and unique kind of tribunal, which would be neither a court of law nor a local authority committee. On April 15, 1971, hearings took over from the courts most of the responsibility for children under 16.
See also
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
- Sheriff CourtSheriff CourtSheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
- High Court of JusticiaryHigh Court of JusticiaryThe High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
- Crown Office
- Scottish Government
- Courts of ScotlandCourts of ScotlandThe civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....