Policy Overview
Introduction
The Scottish Government is committed to improving the outcomes and life chances for all children, young people and families, in particular those most at risk of harm or of their developmental needs not being met. Ensuring that our children and young people have every opportunity to meet their ambitions and potential is central in successful delivery of the Scottish Government's purpose of creating a more successful Scotland with opportunities for all to increase sustainable growth.
The overarching policy drivers are to break Scotland's historic cycles of poverty, inequalities in health, income and outcomes and under achievement. The Scottish Government and its partners have developed three inter-connecting and complementary frameworks - "Achieving Our Potential", "Equally Well" and "The Early Years Framework" which are aimed at breaking these cycles.
The Early Years Framework prioritises action at the start of a child's life and highlights the role of universal services in taking such action or supporting other services to do so. It sets out a framework for the transformation of services from crisis management to prevention, early identification and early intervention, where appropriate, with service providers working together to meet the needs of the individual child and his/her family. The Framework also prioritises support for parents and strengthening the role of universal services.
Getting it right for every child supports delivery of all three policy Frameworks. It is a way of working which promotes a child centred approach at every stage of a child and young person's journey. It threads through all services and seeks to establish a shared understanding and common language so that everyone is clear what needs to be done and who will do it. Getting it right for every child encourages planning, integrated where necessary, for all children. As a child's needs and risks intensify so does the multi-agency nature of any planning activity.
The Children's Hearings System sits within this network of policies and services providing support for those children and young people most in need and who may require compulsory measures of care and support. No matter where they live or whatever their needs, children and families should know where they can find help; what support might be available; and, whether it is right for them as part of a continuum of care.
We know that holistic approaches are most likely to improve outcomes - that is why Scotland's unique children's hearings system, by putting the child at the centre, continues to be the best way to meet the needs of Scotland's most vulnerable children. This distinctively Scottish approach to ensuring the care and well-being of children at risk remains the best way of providing support where compulsory measures are needed to make sure the child gets the help he or she needs. As such it is part of the planning processes that support a child and family, where necessary, through life.
It is a unique and valued system and is best placed to respond and support the most vulnerable children and young people in our society. As the child's needs and risks become less intense and outcomes are improved, the Getting it right for every child planning process of agencies working together with the child and family to maintain and improve outcomes on a voluntary basis takes over once more.
Thus the Children's Hearings System is a key part of the package of care and a child centred approach that lies at the heart of improving outcomes for our young people.
Evidence shows that vulnerable children do best when decisions are made in a timely, informed and involving way. We know that there are many examples of children's lives being turned round through effective intervention, overseen by confident and informed children's panels. That is why the Scottish Government wishes to strengthen the position and structure of the Children's Hearings System to ensure it can continue to make a difference to young people's lives.
The key driver behind these proposed reforms is that of improving outcomes for our most vulnerable children and young people. Through Getting it right for every child we are embedding a consistent, personalised, holistic, timely and effective approach to meeting children's needs, with a focus on early intervention. We need a Children's Hearings System that can deliver its part of this agenda.
Background
When local government was reorganised in 1996, the structure of the Children's Hearings system was partially reformed. The Children's Reporters were removed from local authorities and placed within a Non-Departmental Public Body - the Scottish Children's Reporter Administration. And to reflect the new local government structure the Children's and Safeguarders panels changed from a regional structure (12 Children's panels, 12 Children's Advisory Committees and 12 Safeguarder panels) to 32 Children's panels, 30 CPAC's and 32 panels of Safeguarders.
This caused a considerable increase in bureaucracy and duplication as each Children's panel required a chair and at least one deputy; the number of CPAC members had to be significantly increased; and, separate processes had to be created for each panel of Safeguarders.
The Children's Panel is Scotland's largest tribunal, and one which bears tremendous responsibility. On a daily basis Children's Hearings take life changing decisions affecting vulnerable and troubled children and their families. It is vital that decisions are made for these children and young people by confident, competent panel members who are highly trained, supported and whose contribution is valued.
There is a wide variation in the training opportunities available to panel members and the support given to them. This creates inequalities across the system which can adversely affect the quality and consistency of panel member practice. Local panel members have a right to expect the best training and continuing support, so that they can confidently deliver the high quality decision making which is a child's right.
The current structures are over-complex, suffer from duplication and have unclear lines of accountability. There is a lack of co-ordinated, focused and dynamic leadership across the system.
We need to create a system which sets and reaches consistently high standards, that has the capacity to deal with the increasingly complex issues that children and families face in these modern times, and is able to adapt to emerging issues. All of this will result in the provision of a better service to and better outcomes for our children and young people.
Reform intentions
After careful consideration of the responses to our consultation paper, Strengthening for the future, and listening to concerns raised during and since the consultation process, we are proposing a programme of reform for the Children's Hearings System.
The reforms intend to strengthen the Children's Hearings System and increase the capacity of the Tribunal function by:
- re-asserting the independence of panel members and strengthening their knowledge and understanding of both the issues a child is facing and what decisions can best provide the right support;
- Improving and streamlining structures, recruitment, selection, training and continuing support of panel members;
- streamlining processes to improve understanding and use of the system;
- re-stating the functions of reporters, ensuring that the necessary separation of functions is both real and perceived;
- acting to "future-proof" the Children's Hearings System in the light of evolving ECHR jurisprudence.
We intend the legislation to:
- Establish a new national body ( NDPB) to undertake the functions of the present Children's Hearings System. The new body will operate closely with SCRA.
- Make statutory provisions for the functions and responsibilities of the new NDPB, the Scottish Children's Reporter Administration, local authorities and Scottish Government which clarify their roles in the system.
- Provide for procedural changes to the Children's Hearings System to ensure rights are protected and action is taken quickly and effectively to provide support for children.
- Deliver changes to amend some provisions of the Vulnerable Witnesses (Scotland) Act 2004 relating to Children's Hearings court proceedings.
- Create a single piece of legislation which covers all aspects of the reformed Children's Hearings system which is accessible to all users of the system, including lay members.