Frequently Asked Questions

The Children’s Reporter is the person who will decide if a child needs to be referred to a Children’s Hearing. They will get information about the child to help them make a decision - they might speak to a social worker if the child has one, or their teacher. You can also provide the Children’s Reporter with information about a child.  Anyone who is concerned about a child or young person can tell the Children’s Reporter about their worries.

A referral is information received by the Children's Reporter from anybody about a young person who may be in need of compulsory measures of supervision (legal intervention) to help them address their needs and/or behaviour. Most of the information about children and young people is received from the police, social work departments or schools. However, parents, family members, carers or any concerned member of the public can contact the Children's Reporter if they have concerns about a young person and their circumstances.

A Children's Hearing is a legal meeting arranged to consider and make decisions about children and young people who are having problems in their lives and who may need legal steps to be taken to help them. Children's Hearings are held in private and only those people who have a legal right to be there, or are allowed to be there by the chairperson, will be present.

For further information, please see SCRA's Information for Children and Families leaflet.

• The child or young person, unless the Hearing has decided that they do not have to attend,
• The people who look after the child,
• Three Panel Members who will make the decisions.  These are trained volunteers who want to make the best decisions to help vulnerable children and young people,
• The Children’s Reporter who will record what has been decided,
• A social worker,
• There may be a person called a Safeguarder – they are there to help the panel make the right decisions for the child,
• The child can bring someone along like a friend or teacher to represent and support them,
• Journalists may be present at a Hearing*.

* The Children (Scotland) Act 1995 sets out the procedure for media attendance at a Hearing. Attendance is subject to approval by all participants in the Hearing and the Panel Chair can ask the journalist to leave if they are causing upset or distress to the child or young person.

The legislation also restricts the identification of children involved in the Children’s Hearing System. Section 44 of the Children (Scotland) Act 1995, states that it is a criminal offence to publish any information either intended or likely to identify any child concerned or connected with the case, the proceedings or any appeal. It is also a criminal offence to identify the child’s address or school. The legislation not only protects the referred child, but any other child who becomes involved in the proceedings, such as a sibling or a child witness.

Each Hearing comprises three Panel Members – all trained volunteers from the local community. The child and their family or carers are central participants in the Hearing. The role of the Reporter is to attend the Hearing to support fair process. The Reporter takes no part in the Panel Members’ deliberations.

The Panel Members will listen to everyone and consider all the information. The Hearing will then make a decision, and the Panel Members must give reasons for their decision. Decisions are made openly in the Hearing.

• The Hearing can decide that formal, compulsory supervision measures are not required and discharge the case,
• The Panel Members can decide that they need more information to help them make a decision about what is best and they can continue the Hearing until a later date,
• The Hearing can decide to issue a warrant to keep the child in a safe place for up to three weeks, until the next Hearing but only if this is necessary,
• The Hearing can decide that compulsory measures of supervision are needed to help the child, and can make a Supervision Requirement.

A Supervision Requirement can be made at a Children's Hearing. It can contain conditions stating where the child is to live and other conditions with which they must comply.

The local authority is responsible for making sure that what is stated in the Supervision Requirement is happening, and that the child is getting the help that they need. A Supervision Requirement has no set time limit, but should last only as long as is necessary. It must be reviewed by a Children's Hearing at least once a year when it can be continued, varied or stopped.

For further information, please see SCRA's Supervision Requirement leaflet.

In 2007/08, 50,314 children were referred to the Children’s Reporter, compared to 26,862 in 1996/97.  It is more than 10 years since SCRA assumed full responsibility for the Children’s Reporter service and for organising Children’s Hearings throughout Scotland. During that time, the number of referrals has more than doubled.

Children can be referred from birth to 16 years.  For offence referrals, ages range from eight to 16 years (eight-years is the age of criminal responsibility in Scotland).  A small number of young people aged 16 and 17 years are referred each year.  These are young people with Supervision Requirements continued from when they were 15 years or who are referred from the Sheriff Court.

Anyone can refer a child, but most referrals (both care and protection and offence) are from the police or local authorities. In 2007/08, 89% of all referrals to the Reporter came from the police.

Because these are often the same children. Children referred to the Reporter for offending have often also been referred because of concerns about their safety and welfare.  For example, those children regarded as persistent young offenders have complex histories – a significant number have previously been referred on non-offence grounds.  The Hearings System recognises that a child who has committed an offence, may require care and protection as well as measures to address his or her behaviour.