Hearings shakeup for youngsters in need
21 Jun 05
Executive proposes new grounds for referral and tighter procedures to curb child offenders
The children's hearings system will be reformed to deal more effectively with those most in need of intervention, under Scottish Executive proposals put out for consultation today.
Education Ministers Peter Peacock and Euan Robson launched the paper "Getting it right for every child - proposals for action".
Key measures include:
* More frequent appearances before hearings for persistent and serious young offenders to review progress
* Making some young offenders face up to their victims of crime and explain their behaviour to them
* Holding children's hearings outwith school hours, so children whose attendance at school is poor do not miss any more classes.
The paper is the second stage of a review which began last year. Phase 1, which looked at the principles of the system, found that there was widespread support for the principles under which the system operates. But it also highlighted some serious concerns, in particular that:
* children did not get the help they needed when they needed it and were being drawn into the hearings system unnecessarily;
* the system was not very good at dealing with more persistent or serious offenders; and
* the system was under strain as panel members were often poorly supported and were frustrated when their decisions were not always acted upon.
The Executive wants the various agencies involved with children to co-operate in identifying needs and devising an action plan for a child without recourse to the reporter. A lead professional would be appointed to co-ordinate the work, monitor progress and act as an advocate for the child where necessary.
"The action plan will be the principal source of information for the reporter if the child is subsequently referred", the paper states. The reporter would also become involved if the child or its parents cannot agree on what should be in the plan, or prevent it being implemented.
"Referral to the reporter for consideration by a children's hearing should arise only where the needs of the child require compulsory measures of supervision, the paper continues. To underpin this, it proposes to rewrite the grounds for referral to concentrate on need rather than particular incidents. A referral would require to satisfy the twin tests of significant need, and a need for compulsion. Significant need would be defined by reference to the list of incidents or risks as indicators of the need.
The children's hearing will have the power to amend the action plan and set review dates. Any agency identified in a supervision requirement as being responsible for action will be accountable for making sure that action is taken. The provisions in the Antisocial Behaviour etc (Scotland) Act 2004 to refer local authorities to the sheriff principal will be extended to cover all agencies identified in a supervision requirement.
The Executive also proposes to ensure speedier access to hearings for those who need it, and more frequent appearances for serious and persistent offenders in order to help the child face up to responsibility for its actions. And the system itself will have more flexibility, with administration being detached from local authority boundaries and members being able to sit outwith their own area.
Mr Peacock said: "Most young people are not involved with crime. But when they are, we need to know there is a strong and responsive system to deal with them and tackle their behaviour quickly and effectively.
"We will tackle persistence with persistence. Repeated offences will mean repeated responses and, if necessary, appearances before the hearing to explain their behaviour. We must prevent young people from getting caught up in the vicious circle of crime, to make our communities safer."
The paper can be read at http://www.scotland.gov.uk/Publications/2005/06/20135608/56134 . Consultation runs until 30 September.