Children's hearings and pre-hearing panels - composition changes: child rights and wellbeing impact assessment (CRWIA)

6. How have you consulted with relevant stakeholders, including involving children and young people in the development of the policy/measure?

We have undertaken a focussed and targeted engagement exercise, requesting views from 21 key stakeholder organisations working in children's rights, protection and justice. As part of this, we specifically sought their views on the potential impact on children and young people. Response rate was limited, which reflects the broad support for the proposed change that was consistent when discussing informally with stakeholders. The responses we received furthermore indicated clear support. On the issue of the impact on children and young people, the responses touched on ensuring that a lawful hearing goes ahead where a mixed panel cannot be convened.

As part of the process of gathering evidence to support their proposal of this change, Children's Hearings Scotland undertook engagement with children and young people. They did this through in-person engagement with Our Hearings, Our Voice, the independent board for children and young people from across Scotland between the ages of 8-18, who have experience of the Children's Hearings System. Furthermore, they had three face to face meetings with children and young people with experience of the hearings system and CHS. Feedback was gathered using a child friendly feedback form.

Of those children and young people consulted, only half were aware of the existing prescriptive requirement for a mixed gender panel. The majority of respondents had no strong feelings about the gender balance of a panel, saying either they had no preference, or it wasn't important to them. The issue of potential trauma, and creating safe spaces within hearings was raised, with some respondents alert to the need for children's views to be considered. Retaining a strict requirement for mixed gender panels was of low importance to these children.