Children's hearing

Part of the legal and welfare systems for children and young people in Scotland

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. As of 31 March 2020, 8,875 of Scotland's children were subject to a compulsory supervision order. 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 (now known as the statement of grounds) are disputed or the child or relevant person is unable to understand and comment on the statement of grounds (for example, due to the child's age). As of 24 June 2013, Children's Hearings Scotland took over the running of thirty two local authority panels to have one national children's panel for Scotland with approximately 2,700 volunteers supported by 22 area support teams.

Children referred to hearings are first referred to the Scottish Children's Reporter 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. In 2019/20, 28.3% of referrals received (6,263) were for children and young people subject to a Compulsory Supervision Order at the point of referral. In the same year, 27% of children and young people referred had a Reporter decision to arrange a Hearing. Any child generally under the age of 16, or under the age of 18 but still subject to a compulsory supervision order (CSO), who offends is referred to a hearing unless the area procurator fiscal decides that the seriousness of the case merits prosecution in either a sheriff court or the High Court of Justiciary.