Robert Stevenson, Anne-Marie Barry and Pamela Johnstone, Hexagon Research and Consulting
ISSN 1478-6796 (Online)
ISSN 1478-6788 (Print)
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Welcome to Insight
Insight is a publication of the research group within Information and Analytical Services Division, which is responsible for providing analytical services within the Scottish Executive Education Department ( SEED). Their work is part of a multidisciplinary unit (consisting of researchers, economists and statistics staff) and the staff undertakes and funds economic analysis and social research in the fields of: school education; children, young people and social work: architecture; and tourism, culture and sport.
The Scottish Executive is committed to the use of sound evidence in the development of policy and practice as well as in the evaluation of policy and its implementation. We therefore want to disseminate the results of research that SEED has undertaken and funded, in a manner that is accessible, interesting and attractive.
Insight aims to present the essence of research projects in a format that will be useful and informative for practitioners, policy makers, parents, academics, and anyone else who has an interest in economic and social research in these areas.
The views expressed in this Insight are those of the author(s) and do not necessarily reflect those of the Scottish Executive or any other organisation(s) by whom the author(s) is or are employed.
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What was the consultation about?
In April 2004 the Scottish Executive published a consultation pack entitled " Getting it right for every child - Review of the Children's Hearings System" to seek views on the principles and objectives of the Hearings system, as well as a number of key issues facing the system. The responses to this first phase of consultation were supportive of the general principles of the Children's Hearings System but also revealed some concerns about the way the system was operating in practice. Particular concerns raised were that:
- Children did not get the help they need when they need it and were being drawn into the Children's 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 consultation document Getting it Right for Every Child - Proposals for Action, which was published on 21 June 2005 identified three main areas for improvement:
- Improving and unifying the services for children
- Strengthening the Children's Hearings system
- Modernising the Children's Hearings system.
The consultation document asked for respondents' views on 23 specific proposals relating to these broad themes. In addition to the 23 specific proposals, respondents were asked for their views on four more open ended questions on particular issues. These specific questions concerned the Integrated Assessment, Records and Planning Framework, the role of Safeguarders and arrangements for supporting Panel members.
Who responded to the consultation?
605 completed responses were received. 68% of these responses came from individuals and 32% were from organisations. In addition, a total of forty-one children and young people participated in a series of events organised by Children in Scotland.
Three-quarters of respondents said that they had some direct involvement in the Children's Hearings system as a volunteer and, from the analysis of the written responses, it would appear that most of these volunteers were current or former Children's Panel Members. A further 17% of respondents said they had direct experience of the Hearings system as a professional. While not all of these individuals gave details of their profession it is clear from the analysis that the main professionals who responded came from the social work, education and health sectors.
A quarter of organisational responses came from the local government sector. The next largest category of responses came from national and local voluntary organisations (19%), followed by Children's Panel Advisory Committees ( CPACs) (15%) and Children's Panels themselves (10%).
How were the responses analysed?
The analysis of the consultation responses involved a combination of qualitative and quantitative methods.
The quantitative analysis aimed to describe the proportion of respondents that were supportive, or otherwise of the suggestions made in the consultation document. A coding framework was devised based on analysis of the first 100 responses and was further developed and refined following ongoing analysis of responses. Initially this coding was limited to an agree/disagree categorisation. However, once all responses had been received, it was possible to develop a more detailed coding framework for a limited number of questions.
Given the open ended nature of most of the questions in the consultation paper it was not always possible to code responses for quantitative analysis e.g. where it was not clear whether a respondent was definitely supportive of a particular proposal.
All respondents were given equal weighting in the quantitative analysis. Responses from organisations with a particular interest in the system were addressed in the qualitative discussion of each section.
It is important to emphasise that, whilst the quantitative information gives an indication of the levels of support for specific proposals, it cannot reflect the detailed issues that respondents raised or reflect the reasons they give for their views. These views are explored in more depth through the qualitative analysis presented in this report.
The qualitative analysis aimed to capture in more detail the concerns and issues raised by respondents and the reasoning behind their views. A large number of responses were received and comments on individual questions varied from one word answers to long detailed comments. The qualitative analysis used a Framework approach to identify key themes raised by a significant number of respondents or by particular categories of respondents. Quotes from the submissions received from specific respondents were used to illustrate and support these themes and are generally indicative of the views expressed by a considerable number of respondents.
The vast majority of these responses were positive and expressed support in principle for the proposals contained in the consultation paper. Where respondents have expressed doubts about some of the proposals it is generally from a perspective of ensuring that what is proposed is the most effective way of meeting the stated objectives. As a result most of the comments received are concerned with the detailed arrangements for implementing proposals; are seeking further clarification about specific aspects of a proposal or raise practical issues that will need to be addressed in order to achieve the desired outcomes.
What were respondents' views on proposals to improve children's services?
The consultation paper contained a number of proposals designed to help deliver high quality children's services that meet the Scottish Executive's broad vision for children. To achieve this the Scottish Executive propose to establish a framework through legislation, best practice, revised guidance and regulation and to continue working with children's services to make sure that the right structures, systems and staff are in place.
A substantial majority of respondents expressed support for all of the proposals designed to improve children's services. Many respondents emphasised the need to build upon existing good practice and existing structures and systems for developing an integrated approach towards meeting the needs of children and young people, rather than introducing new structures and procedures.
Many respondents were keen to have greater detail about specific proposals, including how they would work in practice, and more clarity about the use of key terminology e.g. 'children in need'. There was also a strong body of opinion seeking more clarity about the role of the 'lead professional' and how this role would complement the roles of others involved in the Hearings system.
A substantial number of respondents emphasised the need for the provision of information about children's services to be tailored to the needs of all children and young people and to take account of diversity in relation to issues such as age, gender, ethnic background and sexuality.
It was clear from many responses that cultural and attitudinal changes would be essential to achieve the objectives described in the consultation paper and that change would not simply result from structural or legislative changes alone. In addition, respondents suggested that there are substantial technical, legislative and cultural barriers that need to be overcome to achieve the level of co-ordination and information sharing that is envisaged in the consultation paper. Finally, a significant number of respondents identified issues about managing accountabilities across organisational boundaries that would need to be clarified if the proposals contained in the consultation paper are to be implemented effectively.
What did children and young people think about the proposals?
The children and young people who participated in the focus groups organised by Children and Scotland agreed that organisations need to share information with each other but that children and young people should be told who will be able to have access to any information they provide.
There was a strong consensus amongst the children and young people who participated in the consultation that if young people need to portray their problems and views to adults, they would greatly prefer to talk to one adult who would take a written record and share it with the other people that need to know, rather than having to talk to a number of adults on a number of different occasions.
Young people identified a number of professionals who they felt could be the most appropriate person to speak to. However, there was an emphasis was on selecting someone that the individual child or young person could trust and depend upon. Indeed, it was suggested that the young person themselves should be able to select the professional they feel most comfortable talking to.
What did respondents say about the Integrated Assessment, Records and Planning Framework?
The consultation paper proposed that the Scottish Executive, in consultation with appropriate agencies will develop a single integrated assessment, planning and recording tool for use within a framework of co-ordinated meetings, reviews and planning. It also suggests that, in time, these arrangements will replace meetings about child protection, looked after children, joint assessment, youth offending and other inter-agency arrangements.
A large majority of respondents expressed their support for the concept of the Integrated Assessment, Planning and Recording Tool across a wide range of respondents to the consultation. A number of respondents also offered suggestions about how the framework could be developed and strengthened.
There are some concerns that the proposed framework could be too simplistic for dealing with particularly complex or sensitive cases. Alternative suggestions of a more modular approach, or maintaining separate assessments for certain categories of cases, are made by a number of respondents from a range of different organisations.
There are also some concerns that attempting to use terminology that is "child friendly" means that the assessment triangle model is over simplified and open to a range of different interpretations. The need for clear guidance, to ensure that the model is used effectively, is also raised by a substantial number of respondents.
A number of respondents suggested that there are lessons that can be learned from the experience of implementing integrated assessments in other policy areas e.g. the shared assessment process recently introduced as part of the Joint Futures agenda
How did respondents view the proposals to improve the way Children's Hearings work?
The consultation paper made a number of proposals aimed at ensuring that the most effective intervention is used in all circumstances and that a referral to a Children's Hearing is reserved for those children who have significant needs and for whom compulsion is likely to be necessary. In particular, it contained proposals relating to:
- Grounds for referral to the Children's Hearing system
- Action Plans and implementation
- The frequency and timing of Children's Hearings
- Adaptations to the procedures of the Hearings system
The vast majority of respondents expressed their support for all of these proposals with the exception of the inclusion of victims in hearings.
Grounds for Referral
There is strong support for a more focused and targeted approach to referrals to Children's Hearings. Some concern was expressed that the proposals could result in too much emphasis being placed on the offending at the expense of looking at the wider welfare of children and young people. In addition, many respondents asked for greater clarification about the definition and interpretation of key terms such as "significant need" and a "pattern of behaviour".
A significant number of respondents are concerned that setting the threshold for referral to a Children's Hearing too high could result in some children or young people not receiving the support they require. Similarly a number of respondents voiced concerns that waiting for a "pattern of behaviour" to be identified could mean that any intervention could come too late or make it more difficult to change behaviour. Some respondents note that establishing a pattern of behaviour, rather than a single incident, will require greater sharing of information between organisations and agencies and that there are significant barriers that will need to be overcome to make this happen in practice.
Some respondents observed that care needs to be taken to ensure that any proposals to streamline the referral process do not undermine the rights of the child and do not impact on the need to maintain the principles of natural justice.
Action Plans and Implementation
The vast majority of respondents agree with the proposal that multi-agency action plans should be prepared in particular complex or sensitive cases. However, some statutory organisations, including local authorities, are concerned about the accountability for agreeing and implementing Action Plans and the potential resource implications of having such plans 'imposed' upon them.
While a majority of respondents support the proposals relating to the use of Interim Supervision Orders, some respondents expressed some caution and are keen to ensure that such orders are not made without sufficient background information being made available to Panel members.
A number of respondents have called for greater clarity about the use of the "persistence test" and expressed fears that overuse could result in an increased number of hearings. Such an increase would place considerable strain on the resources of both Panel members and professionals expected to attend.
Frequency and Timing of Hearings
A large majority of respondents supported the proposals relating to the frequency and timing of hearings. A number of respondents raised concerns that convening Hearings too frequently could undermine attempts to provide support to children or young people as many interventions may take some time to prove their effectiveness in terms of changing behaviours.
While there is considerable support for the principle of not having Hearings during school hours, a large number of respondents have raised practical concerns particularly in relation to the availability of professionals to attend 'out of hours' Hearings.
Adaptations to Proceedings
A majority of respondents agree that the Hearings system should be flexible and that Hearings should be able to adapt their procedures to meet the needs of individual cases. There is, however, strong opposition to the suggestion that community representatives or victims should have a role to play in the formal Hearings proceedings.
A large majority of respondents agree that it would be desirable to have more continuity of Panel members between Hearings dealing with the same child or young person. It is also clear that there will be significant logistical barriers that will need to be overcome to achieve this objective.
What did children and young people think about the proposals?
Children and young people who participated in the consultation thought that someone should only go to a hearing if there was a very serious problem either with their behaviour or with their family. However, it was thought that the definition of a 'serious' problem would be dependent on each individual child or young person and their specific circumstances. The majority of children and young people who had direct experience of the Children's Hearings system felt that the referral system worked well in its current form.
A large majority of participants felt that, whilst it may be beneficial for children and young people to explain their actions to the victims of their behaviour, it should not be part of a Hearing. Children and young people felt that, were this proposal to be adopted, it would act to further distress the child or young person and make the experience of attending a hearing even more "daunting".
What did respondents think about the proposals to provide better support to Children's Hearings?
The consultation paper made a number of proposals concerning providing better support to Children's Hearings. In particular it made proposals relating to:
- the provision of legal representation
- withholding information provided by the child
- removing the required link to local authority boundaries
- modernising arrangements for Panel members
Legal Representation
A large majority of respondents support the proposal for the appointment of a legal representative in appropriate cases. There are some concerns that if this provision is overused then it could undermine the informality of the Hearings system. A number of respondents suggest that clear guidance should be issued, making it clear in what circumstances legal representation would be appropriate, in order to ensure that a consistent approach is adopted and that it is based on demonstrable need rather than becoming the norm.
The Role of Safeguarders
There are mixed views about the role of Safeguarders and some issues which respondents say need to be addressed if their role is to continue. However, a substantial number of respondents say that any decision about their future role should await the outcome of the current research project into advocacy services for children. A substantial number of respondents suggest that there is a danger that the roles of advocates, Safeguarders and legal representatives could become confused and that there is a need for more clarity about their respective roles.
The general opinion of the children and young people who participated in the consultation was that, the role of the safeguarder was not beneficial to their experience of the system. They felt that a better alternative would be an advocate whose role is to provide children with advice and support.
Withholding Information
While the vast majority of respondents recognised the need for withholding information given by children in certain circumstances, many respondents suggested that detailed guidance on the criteria for withholding information was required to ensure that this power was not abused.
Link to Local Authority Boundaries and Support for Panel Members
While a large number of respondents say that they support greater flexibility in the arrangements for allowing Panel members to sit in hearings in different geographical areas, there is strong opposition, particularly from local authorities, CPACs and Panel members, to removing the formal link with local government boundaries.
There are also mixed views on the desirability of establishing regional or national arrangements for the recruitment, training and support of Panel members. However, there was a high level of support for the establishment of a framework of national standards.
What did respondents think of proposals to increase public confidence in the Children's Hearings system?
The consultation paper made two specific proposals designed to increase public confidence in the Hearing's system. The first of these proposals related to the provision of information to communities about the nature of decisions made by Children's Hearings and their outcomes. The second proposal related to the role of agencies in keeping the public and communities informed about what is being done with their concerns and help them understand the role of the Children's Hearing System.
A large majority of respondents support the principle of providing more information about the Children's Hearings system to dispel the 'myth' that the system represents a 'soft option'. Respondent also argue that any information provided should emphasis positive outcomes and not just 'problem' behaviour.
Many respondents also raised concerns about making sure that there are appropriate safeguards to ensure information is provided in such a way as to preserve the privacy and confidentiality of individuals.
A substantial number of respondents state in their submissions that they feel there is a need for a national strategy and publicity campaign designed to raise the profile of the Hearings system and increase awareness of the role it plays in addressing the needs of children and young people.
How did children and young people view the proposals?
On the whole. children and young people felt that there should be more information and that information should be easier to access. The information that children and young people wanted was split in to two distinct categories. These were, firstly, general information about what the Children's Hearings system is and what happens, for all children and young people. Secondly, specific information about the proceedings, for children and young people who are going through the system.
The main areas children and young people wanted information on were: what the Children's Hearings system is; why you go to the panel; what happens at the panel; who will be at the panel; and what happens after the hearing. One young person also suggested that there should be readily available information on what help there is for children and young people going through the Children's Hearings system.
What are the main conclusions that can be drawn from the consultation responses?
This was a wide ranging consultation that invited responses to a substantial number of detailed proposals regarding the reform of the Children's Hearings system and the wider provision of services and support to children and young people. Many of the proposals included in the consultation paper would involve substantial changes in the way services for children are delivered and in how the Children's Hearing system operates. The implementation of these proposals would have a significant impact on the way a large number of organisations and individuals work. The vast majority of respondents support the proposals and the comments received are generally concerned with the detailed arrangements for implementing the proposals or raise practical issues that will need to be addressed in order to achieve the desired outcomes.
The fact that the consultation covered such a wide range of issues is reflected in the scale and breadth of responses that were received. The consultation attracted a large number of responses and many of these responses were very detailed reflecting respondents view that any changes introduced as a result of the consultation have a positive impact and improve the way that services are delivered to children and young people. The commitment of a range of organisations and individuals to ensuring that the objectives underlying the consultation are achieved in practice was clearly apparent from the detail and quality of many of the responses that were received.
A large number of respondents make the point that many of the proposals concerning adopting a more integrated approach to the planning and provision of children's services reflect existing trends. There is a concern to ensure that any proposals arising from this consultation build upon existing good practice and are integrated with other developments rather than introducing new structures and systems.
One recurring theme that is evident from many of the responses is the fact that the changes that are proposed in the consultation paper will not be achieved by simply introducing new legislation, changing structures or introducing new systems and procedures. Many of the changes will require significant changes in organisational culture and individual work practices. This is particularly the case for those proposals that will require greater integration between agencies and more joint working across organisational boundaries.
There is some concern expressed in many of the responses that the cumulative impact of the proposals outlined in the consultation paper could represent a fundamental change in the role of the Children's Hearings system. There is a fear that this cumulative impact may result in the system being more concerned with dealing with the behaviour of a smaller number of 'persistent offenders', rather than concerning itself with the wider welfare and wellbeing of a larger group of children and young people.
There are also some strong concerns that the overall impact of the changes that are proposed could be to make the Hearing system more formal and more adversarial in nature than is currently the case.
There were a number of areas where the views expressed by the children and young people who participated in the events facilitated by Children in Scotland represented a distinctive 'voice' that did not necessarily reflect the views of the majority of other respondents. The areas where there were the clearest differences in views included attitudes to sharing information without an individual child or young persons permission, the ability of young people to choose their own 'lead professional' and attitudes to Safeguarders who were perceived as being 'just another adult'.
The understanding of the respondents of the issues involved and the commitment to make the system work for the benefit of children and young people was impressive. There is a wealth of detail in the responses that have been received and a range of positive and constructive suggestions about how the proposals can be made to work in practice. This presents the opportunity for this experience and knowledge to be capitalised upon. The Scottish Executive may want to use this by involving all key stakeholders in future consultations and engaging them fully in developing and implementing the proposals contained in the consultation document.
The Insight Series
1. Classroom Assistants: Key Issues from the National Evaluation
2. The Impact of ICT Initiatives in Scottish Schools
3. Moving On to Primary 1: An Exploratory Study of the Experience of Transition from
Pre-School to Primary
4. Accelerating Reading and Spelling with Synthetic Phonics: A Five Year Follow Up
5. Assessment of Benefits and Costs of Out of School Care
6. Meeting the Needs of Children from Birth to Three: Research Evidence and Implications for Out-of-Home Provision
7. Key Findings from the National Evaluation of the New Community Schools Pilot Programme in Scotland
8. Scottish Qualification for Headship: Key Issues from the Evaluation
9. The Sitter Service in Scotland: A Study of the Costs and Benefits
10. Awards in Early Education, Childcare and Playwork: A Qualifications Framework for the Future
11. An Evaluation of the Higher Still Reforms
12. The Management of Supply Cover in the Teaching Profession
13. Parents' Demand for and Access to Childcare in Scotland
14. Evaluation of Personalised Laptop Provision in Schools
15. Teachers' Perceptions of Discipline in Scottish Schools
16. Minority Ethnic Pupils' Experiences of School in Scotland ( MEPESS)
17. A Seven Year Study of the Effects of Synthetic Phonics Teaching on Reading and Spelling Attainment
18. An Assessment of the Support and Information for Victims of Youth Crime ( SIVYC) Pilot Scheme
19. Child Death and Significant Case Reviews: International Approaches
20. The Impact of Information and Communication Technology in Scottish Schools: Phase 3
21. Investigating the Extent of Commercial Activity in Schools
22. Study Support and Out of School Hours Learning in Scottish Schools
23. Motivations for Undertaking the New Social Work Degree
24. Gender Balance of the Teaching Workforce in Publicly Funded Schools in Scotland
25. The Role Of The Social Worker In The 21st Century - A Literature Review (web only)
26. Evaluation of Free Fruit in Schools Initiative (web only)
27. Mainstreaming pupils with special educational needs
28. Early Years Education: Perspectives from a Review of the International Literature (web only)
If you have views on Insight or wish to find out more about SEED's research and economics programme, please contact Information and Analytical Services Division, Scottish Executive Education Department, Victoria Quay, Edinburgh EH6 6QQ or by e-mail on recs.admin@scotland.gsi.gov.uk