Report calls for major redesign of Scottish children’s hearings system

A new report on Scotland’s Children’s Hearings System has called for historic reform to its legal and welfare system.

The Hearings for Children redesign report recommended changes to the makeup of a children’s hearing panel, replacing the current system based on volunteer panel members with a salaried panel chair and two trained and skilled panel members paid at a daily rate.

These changes would ensure that children have the same chair every time they go to a Hearing.

The report also found that children at hearings didn’t always feel that their past experiences were understood, or that their voices were listened to. As a result it recommended that panel chairs adopt an inquisitorial model for hearings, meaning they would have the power and responsibility to make sure discussions are not overly adversarial or confrontational.

Scotland’s children’s hearings system is based on principles established by the Kilbrandon Report of 1964, primarily that children and young people who offend, as well as those who require care and protection, should equally be considered ‘children in need’.

The redesign report was published by The Promise Scotland – an organisation set up by the Scottish government to support change in the children’s care system – following the input of The Hearings System Working Group, a partnership group of children with lived experience of the system, and experts.

Fiona McFarlane, Head of Public Affairs for The Promise Scotland, said: ‘There will be challenges in making this vision delivered by this report a reality, but these recommendations align clearly with Scotland’s progressive direction on justice issues and ensuring there is early support for children and families to stop costly crisis interventions.

‘Many individuals must be recognised for the contributions they have made to the Children’s Hearing System, but as we look to the future our priority must be a system that listens to and works for Scotland’s children.’

Natalie Don, Scotland’s Minister for keeping the promise, said: ‘The Children’s Hearings System is unique to Scotland and for over 50 years, the dedication and commitment of those working within it has been outstanding. However, the Promise is clear that the system needs to change, as children’s experiences in the system haven’t always reflected that investment of care and skill.

‘The Scottish Government will now move forward with a programme of transformational change founded on this report. We’ll reflect on the legal, financial and workforce implications of these proposals before responding more fully later in the year.

‘Where early positive change is possible, I am clear that should happen quickly. The changes that need new law or new structures will take time, but I want to assure children, families and those that work in the system that there will be opportunities to contribute, and to shape future reforms.’

Image: Dav Doh