Fact file: Key people in the Children’s Hearings system
(Source: Scottish Government Resources)
A number of different people, both professionals and volunteers, are involved in the Children’s
Hearings system.
The Children’s Reporter is an officer of the Scottish Children’s Reporter Administration (SCRA), a
national body with a statutory function to deal with children in trouble or at risk. The Reporter is
independent from all other agencies and has absolute discretion in decision making. The Principal
Reporter, as professional head of SCRA, carries overall responsibility for Reporters’ decision making.
The Reporter is the “gatekeeper” of the system as he/she will investigate referrals of children/young
people who are in trouble or at risk, deciding which children/young people should attend a
Children’s Hearing. He/she also invites all the necessary people to the Hearing and sends copies of
the reports to those people. The Reporter attends the Hearing and will send the child/young person
and his/her family a copy of the Hearing’s decision and reasons for it. The Reporter can also give
advice to the panel members on procedural issues or the range of options available to them if they
ask for it. The Reporter does not present the case to the Hearing and does not advocate any
particular outcome. The Reporter has two roles in court. He/she will lead evidence in court where
the grounds for referral are disputed or not understood. The Reporter will also go to court if the
child/young person and/or the relevant persons appeal against the Hearing’s decision. The Reporter
will assist the Sheriff to reach a well-informed decision in the child’s interests generally by promoting
the Hearing’s decision. There are Children’s Reporters in every local authority area of Scotland and
they work closely with their professional colleagues in education, social work, health and the
voluntary sector.
The children's panel members are extensively vetted and highly trained volunteers from the local
community who come from a variety of backgrounds. There are about 2,500 children’s panel
members throughout Scotland. The recruitment and selection of children’s panel members takes
place annually. The initial period of appointment of a children’s panel member is normally three
years but appointments can be renewed and there is no statutory maximum period of service.
Children’s panel members receive no payment, but may claim allowances for travel expenses and
subsistence from the local authority. They are entitled to take time off work for panel duties, and are
excused jury service both during their period of service and for a period after their panel
membership ends. A Children’s Hearing is made up of three children’s panel members (at least one
of whom must be male and one female). Their role is to make the decisions at the Children’s Hearing
that are in the child/young person’s best interests.
A social worker will contact the Reporter about any children/young people that he/she is concerned
about and provide a report to help the Reporter to decide whether there needs to be a Children’s
Hearing. The social worker will also provide a social background report for the panel members and
attend the Hearing to discuss this. If the panel members decide that compulsory measures of
supervision are necessary, they will impose a Supervision Requirement. This will entail the local
authority preparing a plan of work, support and services to help the child/young person. Although
the responsibility for implementing a Supervision Requirement is the duty of the local authority, the
main responsibility normally rests with the social work department.
The education staff of the local authority may make referrals to the Reporter, particularly in cases of
children/young people failing to attend school or where a teacher has concerns about their general
welfare. If a child/young person who is to appear at a Hearing is of school age, then the Reporter
usually asks for a school report. This contains information on the educational performance and
behaviour of the child in school and a record of attendance. Where possible, a teacher will attend
the Children’s Hearing to discuss the report and highlight any concerns that they may have.
The Children’s Hearing might appoint an independent person called a Safeguarder to look after the
child/young person’s interests in the proceedings. The Safeguarder, who is independent of all
agencies, is selected from various backgrounds – legal, social work or education – and must produce
an independent written report for the Hearing. Safeguarders are expected to attend Hearings not to
speak for the child (although they may present the child’s views) but to represent his or her best
interests. Sometimes the child/young person may disagree with what the Safeguarder says. Once the
hearing has made its final disposal (decision), and the appeal period is over, the Safeguarder has no
further contact with the child.
A representative may attend the case if the child/young person or relevant persons wish. There can
be a different representative for the child and relevant persons. The child/young person and
relevant persons must still go to the Hearing, but their representative can assist them in the
discussion at the Hearing. The representative can be a friend or relative or even a solicitor. However,
unlike a Legal Representative, the representative is not appointed by a Hearing.
A Legal Representative, who is a solicitor with experience in representing children and young
people, might be appointed by a Hearing to help the child/young person to take part in the Hearing.
Also, if the Hearing is discussing whether a child/young person should be sent to secure
accommodation (be temporarily held in locked facilities, for their own safety or the safety of others),
or the child/young person is already in secure accommodation, a Legal Representative will be
appointed. The role of the Legal Representative is to attend the Hearing, normally with the child, and
to present the child’s views to the Hearing. He or she will also promote the child’s rights in the
proceedings. Once the Hearing has made a decision and the appeal process has expired, the role of
the Legal Representative ends. The difference between a Legal Representative and a Safeguarder is
that the former does not need to consider the child’s best interests, merely represent the
child/young person’s views.
A Sheriff is a judge who sits at the Sheriff Court. If a child/young person or the family think that the
grounds for referral are not correct, the Sheriff will decide whether or not the grounds are
established (true). The Sheriff will do this usually by hearing evidence from the Reporter and from
the child and family. The Sheriff only decides on the facts; he/she never decides what should happen
to the child because this is always done by a Children’s Hearing. So if the Sheriff thinks that grounds
for referral are established, he/she will ask the Reporter to arrange another Children’s Hearing.