Rachel Ormston & Louise Marryat, Scottish Centre for Social Research (ScotCen)
ISBN 978 0 7559 7565 5 (Web only publication)
ISSN 0950 2254
This document is also available in pdf format (1.1mb)
This full report is accompanied by a research findings 48/2009
and a child friendly publication Lawyers in children's panels: What's in it for you?
CONTENTS
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
Background to the study
Administration of the scheme
The role of legal representatives in children's hearings
Types of cases legal representatives are appointed in
Contact between young people and their legal representatives
The impact of legal representatives on young people and hearings
Suggestions for improving the scheme
1 BACKGROUND AND INTRODUCTION
The Children's Legal Representation Grant Scheme
Policy and research background
About the Children's Hearings System
Representation in hearings and S v. Miller
Research on representation for children and young people attending hearings
Aims and objectives of the study
Report structure
2 METHODS
Introduction
Who was interviewed
Sample of professionals
Sample of young people
Parents/carers
Data collection techniques
Professional interviews
Young people interviews
Data analysis
Reporting conventions
Participants' experience of the Legal Representation Grant Scheme
3 HOW IS THE SCHEME OPERATING IN PRACTICE? ADMINISTRATIVE AND PRACTICAL ISSUES
Introduction
Number of cases dealt with
Recruiting the pool of legal representatives
Restricting the scheme to safeguarders and/or curators ad litem
Appointing legal representatives to individual cases
Deciding which legal representative to appoint
Continuity of legal representatives
Motivations for joining the scheme
Barriers to appointing legal representatives to a specific case
Views on the fee structure
Time and resources
Training, feedback and monitoring
Key points
4 HOW DO PEOPLE VIEW THE ROLE OF LEGAL REPRESENTATIVES IN CHILDREN'S HEARINGS?
Introduction
Understandings of the role
Professionals' views
Young people's views
Skills and qualities required to fulfil the role
Representing children in hearings and other contexts
Comparing legal and other representatives
Safeguarders and legal representatives
Other representatives
Key points
5 WHAT KINDS OF CASES ARE LEGAL REPRESENTATIVES APPOINTED IN?
Introduction
Types of cases legal representatives had been appointed in
Secure accommodation
Tagging
'Effective participation' cases
Appropriateness of appointments
Reasons for low use of the scheme
Key points
6 CONTACT BETWEEN YOUNG PEOPLE AND THEIR LEGAL REPRESENTATIVES
Introduction
Level of contact
Young people's experiences
Professionals' views on current practice
Easy to talk to?
Big words?
Key points
7 WHAT IMPACT ARE LEGAL REPRESENTATIVES HAVING ON YOUNG PEOPLE AND ON HEARINGS?
Introduction
Impacts on children and young people's participation in hearings
Indirect participation (having someone speak for you)
Direct participation (speaking for yourself)
Does having a legal representative make any difference?
Silencing young people?
Impacts on children and young people's experience of the hearing process
Impacts on the outcome
Impacts on the hearing process - legal procedures, communication and atmosphere
Legal procedures
Communication
Atmosphere
Length of hearings
Key points
8 HOW DO PEOPLE THINK THE SCHEME COULD BE IMPROVED?
Introduction
Role of legal representatives
Recruitment of legal representatives to the scheme
Appointing legal representatives in specific cases
Types of cases
The appointment process
Fees
Contact between children and young people and legal representatives
Training and monitoring
Legal representatives
Others
Other changes
A complete change of system?
Key points
9 CONCLUSIONS AND IMPLICATIONS FOR POLICY
Introduction
Defining the legal representative role
Addressing variation in practice
The impact of fees on the service delivered
Ensuring children and young people's views are taken into account
REFERENCES
Books, articles and government papers
Statutes
Cases
ANNEX A - TOPIC GUIDES
Local authority clerks
Panel Members
Children's reporters
Legal representatives
Young people interviews
ANNEX B - ADVANCED LETTERS AND LEAFLET
Advanced letter to clerks
Advanced letter to panel members
Advanced letter to Reporters
Advanced letter to Legal Representatives
Leaflet for young people
Information letter for parents of young people recruited to the study
The views expressed in the report are those of the author(s) and do not necessarily reflect those of the Scottish Government or any other organisation(s) by which the author(s) is/are employed.
The Scottish Government is making this research report available on-line in order to provide access to its contents for those interested in the subject. The Scottish Government commissioned the research but has not exercised editorial control over the report.
Both documents are published by Education Analytical Services, Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ. If you have any enquiries about these reports please contact the Dissemination Officer on 0131-244-0894; by e-mail on recs.admin@scotland.gsi.gov.uk or visit our website www.scotland.gov.uk/insight.
© Crown Copyright 2008
Limited extracts from the text may be produced provided the source is acknowledged. For more extensive reproduction, please write to, the Chief Researcher at Office of Chief Researcher, 4th Floor West Rear, St Andrew's House, Edinburgh EH1 3DG