Age of Criminal Responsibility (Scotland) Act 2019 - child interview rights practitioners: question and answer guide

After the interview

How does a ChIRP end their contact with the child following completion of the investigative interview?

This is a critical aspect of the process. It is important that all contact with a child including the ending, is considered carefully and well planned.

Children involved in the processes under the 2019 Act may have experienced childhood trauma (such as abuse or neglect) and you must take this into account in your interaction with them.

All aspects of the contact with the child must be sensitive to the child's needs and rights.

You should consider the following when ending your relationship with the child:

• The nature of your contact with the child and how the relationship was established
• Issues that have emerged during the investigative interview
• Relevant background information
• Following a trauma informed approach (ensuring choice, collaboration, trust, empowerment and safety)
• How best to communicate with the child (such as written communication, face to face etc)
• Ensure communication is effective and supportive
• Consider what would be a positive ending with the child
• Ensure the child is aware of the role and function of the ChIRP and explain why this relationship is ending
• Ensure there are clear professional boundaries

The care arrangements for children will vary on a case-by-case basis. Whatever the circumstances, it is important to be mindful that your role is to support the child, however, the child's family/carers may also be impacted by the issues surrounding the incident that led to the investigative interview processes being followed. Ensuring clarity of your specific purpose of your role as the ChIRP from the start of the contact with the child and the family will be helpful to explain the ending of this relationship. Your role of a ChIRP is new and different from the role as a solicitor and must be explained clearly.

The ending of the relationship with the child should not take place immediately after the investigative interview has completed; you should arrange a further contact to explain the end of your role.

You may offer information on next steps (if known) such as:

• Support that may be offered (e.g. from social work)
• Other processes, such as referral to the Children's Reporter or child protection
• Engaging with a solicitor if required
• Explaining the complaints process (police /social work)

Will a ChIRP be involved in any other processes under the 2019 Act?

No. You will only be involved in processes relevant to the investigative interview. The child and family may be involved in other processes such as support from social work, child protection, referral to the Children's Reporter, all of which are dependent on the individual circumstances. In the role of ChIRP, you will not be involved in any of these processes.

What do I do if a child I have acted as ChIRP for contacts me?

Once the investigative interview process has completed, and formal contact with the child has ended, any further contact from the child must be handled sensitively.

Be supportive and communicate clearly about what you can/cannot do and explain the ChIRP role has ended.

Listen and respond to the child in a trauma informed manner. Ask if they need further support and assistance and consider how this can be accessed.

The child may have spoken to you about difficult issues and the child may feel they can trust you, so be honest, helpful and compassionate.

Can the ChIRP remain involved with a child after the interview? For example, can a child ask you to represent them as a solicitor if they go to a Children's Hearing or at a later date?

The role of the ChIRP is specific to supporting a child at the investigative interview. It is not possible to remain involved with a child as a ChIRP once the investigative interview is complete.

However, there may be occasions where the child asks you to represent them in another role, for example, as a legal representative at a Children's Hearing. Children can speak with a number of different professionals involved in their lives and continuity may be important. If the child feels you can support them in future, this may be positive for them.

Subject to you satisfying yourself as to your professional obligations (e.g. in relation to capacity and conflict of interest) you may represent the child as a solicitor in subsequent matters. However, there needs to be effective clear communication about roles and responsibilities, and it may be easier to avoid a potential conflict of interest by having someone else within your own practice to represent the child. Professional judgement should be applied.

You must be clear that this would be a separate role and you would not be acting as a ChIRP. As such this representation would be separate to any instruction to a ChIRP from the Scottish Government.