Scotland's children's hearings system takes an integrated and holistic approach to care and justice, in which the child's best interests are the paramount consideration.
It is built upon principles established by the Kilbrandon Report of 1964, the main one being that children and young people who offend, as well as those who require care and protection, should equally be considered 'children in need'.
The children's hearings system has since been modernised and strengthened by further legislation, the most recent being the Children's Hearings (Scotland) Act 2011 (the 2011 Act), which came into effect on 24 June 2013.
Scotland's children's hearings system is administered through two non-departmental, government-funded public bodies:
- the Scottish Children's Reporter Administration (SCRA), formed under the Local Government (Scotland) Act 1994
- Children's Hearings Scotland (CHS), formed under the Children's Hearings (Scotland) Act 2011
Both SCRA and CHS are governed by a board of non-executive members that is accountable to Scottish Ministers and the Scottish Parliament.
Updates made by the 2011 Act
The 2011 Act:
- created the role of National Convener to act as a figurehead for panel members
- created CHS to support the National Convener in the recruitment, selection, training, retention and support of panel members
- replaced local authority panels with a national children's panel, with area support teams to support panel members at a local level
- created a national Safeguarder panel to improve consistency and standards, and to improve understanding of the role within the standards
The 2011 Act strengthens children's rights within the children's hearings system by:
- providing for the development of an advocacy service specifically for children in the hearings system
- amending the Rehabilitation of Offenders Act to ensure that offence grounds accepted or established in children's hearings (except for certain serious offences) are no longer classed as a conviction
- giving children's hearings the power to withhold information from a person if it could put a child at risk
- taking steps to ensure that hearings take children's views into account
- introducing a legal representation scheme to be run by the Scottish Legal Aid Board that replaces local authority administered arrangements, to ensure justice for those who need help but can't afford it
- introducing transparency to the decision-making process around placement into secure accommodation
- introducing a feedback loop to permit information sharing about compulsory supervision orders
- modernising the reasons (grounds) for referral
Children's hearings and sheriffs appoint Safeguarders where they think there is a requirement to safeguard the interests of the child involved. The Safeguarder does an independent assessment of what is in the child's best interests, and provides it to the hearing or court.
Children's Hearings Team
Care and Justice Division
Area 2B (North)