The Scottish children's Hearing System

The Children’s Hearings system is Scotland’s unique care and justice system for children and young people. It aims to ensure the safety and wellbeing of vulnerable children and young people through a decision making lay... [ view full abstract ]

The Children’s Hearings system is Scotland’s unique care and justice system for children and young people. It aims to ensure the safety and wellbeing of vulnerable children and young people through a decision making lay tribunal or panel. By positioning the system in the wider context of the global debate around children’s rights and child welfare and justice my research will explore how Children’s Hearings make decisions. One of the fundamental principles of the system is that Hearings must seek, listen to and take account of the views of children in reaching decisions about them. This should be achieved by way of an informal conversation involving the family and professionals involved in the child's life. There are two aspects of the research which are relevant in the context of this submission.  One is the inherent tension between the need to listen to, and take account of, the views of the child and the need to make a decision in their best interest.  The second focuses on the difficulties the Hearing faces in obtaining those views from vulnerable children, many of whom have suffered trauma or neglect on the way into the system and may struggle both with the Hearing setting and their ability to communicate with unknown adults. 

Whilst the decision of the Hearing is ultimately made by lay panel members, a number of different groups of professionals contribute to the discussion with the child and family during the hearing and the research, which is at an early stage, will seek the experiences and views of members of these professionals, as well as of panel members, through individual interviews and focus groups.

My paper will explore and discuss these tensions and present any early findings.