Child Protection Guidance 2021

Part 2A: Roles and responsibilities for child protection 62 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 2.152 Children’s Hearings Scotland ( CHS) is the public body which is responsible for recruiting, training and supporting the volunteer children’s panel members who make decisions in children’s hearings. A children’s hearing is a lay tribunal made up of a panel of three specially trained volunteers from the local community. The hearing decides on a course of action that it believes is in the child’s best interests, based on the child’s plan with input from professionals. Medical, psychological and psychiatric reports may also be requested. The hearing discusses the child’s circumstances fully with the child or young person themselves, parents, carers and other relevant representatives and professionals before reaching a decision (Children’s Hearings Practice and Procedure Manual 2019) . 2.153 One of the principles behind the children’s hearings system is to apply the right intervention at the right time. Where there is no requirement for a CSO or interim CSO, children and young people can be supported in a number of ways, including early and effective intervention (EEI), restorative justice, voluntary measures or tailored programmes to tackle their behaviour. 2.154 Even where the Principal Reporter has concluded that there is sufficient evidence of a section 67 ground, there may not be a requirement for compulsory intervention, for example, because the incident is entirely out of character, or because there are no other significant concerns about the child and the parental response has been both appropriate and proportionate to the incident. In other circumstances, compulsion may not be needed because the child and family have accepted that there is a problem and are already working with agencies such as social services or restorative justice. 2.155 Children’s hearings can proceed on the basis of a shared agreement about/acceptance of the grounds for referral. If there is no shared agreement, then the Children’s Hearings (Scotland) Act 2011 allows an application for proof to be made to the Sheriff Court. An application to the Sheriff Court can also be made where the child (due to their age or ability), or indeed the relevant person, is considered not to have understood the grounds. It is the Reporter’s responsibility to lead the evidence in court and seek to have the grounds established. The Sheriff Court will also hear any appeals which are made against a hearing’s decision. 2.156 Hearings make significant decisions about complex matters. Vital work before the hearing is required to ensure that the hearing has the evidence and the options available to enable it to make the right decision for a child. Children and families have to be prepared, and their participation and engagement in the hearing process must be meaningfully supported. Panel members should receive reports from social workers which present a well-argued rationale for a recommended decision in a child’s best interests, as well as reasons why alternatives are not recommended. 2.157 Local authority staff and Reporters will consider how best to plan and prepare all families for optimal support, understanding and participation in the children’s hearing. To promote equality of participation, some groups and individuals will require extra consideration. A SCRA research report (Henderson et al 2018) describes the challenges and barriers to positive engagement for all families in contact with child protection and children’s hearings systems. These include isolation, language difference, poor translation, concerns about confidentiality, family reluctance to raise concerns and accept support, lack of awareness of services and how the law operates in Scotland, and fear of service intervention. Families with other protected characteristics, or who have experienced adversity, may also require careful preparation for their involvement within the children’s hearing.