Children’s Advocacy in the Children Hearings System: Expert Reference Group: July 2022

Attendees and apologies

(Chair), Scottish Government (SG), Pam Semple;

Advocacy Service Aberdeen, Kevin McBeath;

Angus Independent Advocacy (AIA), Craig Bartholomew;

Barnardo’s, Selwyn McCausland;

Borders Independent Advocacy Service (BIAS), Lorna Ratky-Smith;

CAPS Independent Advocacy (CAPS), Kyna Reeves;

Children 1st, Bryan Evans

Children’s Hearings Improvement Partnership (CHIP), Elaine Adams;

Children’s Hearings Scotland (CHS), Edward McKim;

Clan Childlaw, Gaby Nolan;

East Ayrshire Advocacy Services (EAAS), Annmarie Denny;

Independent Advocacy Perth and Kinross (IAPK), Julie Hutton;

Partners in Advocacy, Iain Templeton;

Social Work Scotland (SWS), Charles Rocks;

Scottish Child Law Centre (SCLC), Sadia Arshad;

Scottish Children’s Reporter Administration (SCRA), Alistair Hogg

SG, Tom McNamara and Louise Piaskowski;

Who Cares? Scotland (WC?S), Kay McKerrell.

Apologies

Advocacy Western Isles, Cathy Anne Dunn;

Children and Young People’s Centre for Justice, Ross Gibson;

Law Society of Scotland, Morag Driscoll;

Scottish Children’s Report Administration (SCRA) Melissa Hunt;

Scottish Independent Advocacy Alliance, Suzanne Swinton

Social Work Prof Adviser to SG on Age of Criminal Responsibility, Sharon Glasgow;

Who Cares? Scotland, Louise Hunter and Denny Ford.

Items and actions

Items and actions

This note provides an overview of the agenda, discussion and key action points from the meeting of the children’s hearings advocacy expert reference group (ERG).

The meeting took place as a video conference on Thursday 28 July 2022. papers issued for this meeting included: Scottish Government Update paper; training and CPD Skills and knowledge framework proposal paper; and an update paper from SCRA.

Welcome and introductions

The Chair welcomed everyone to the meeting and noted apologies received.

Actions and activity since last meeting

The chair confirmed to members that there had been no corrections or amendments requested to the draft note of last meeting on 22 February 2022, therefore it was considered accepted and was published.  The main topic of that meeting was the national progress report March 2020 to March 2021 and webinar Q+A and summary of feedback.  

The chair provided an update on the actions noted at the last ERG meeting starting with ongoing work:

Action

Scottish government to follow up with SCRA on exploring rates of deferrals for advocacy reasons.

Update

SCRA have produced a paper with statistical analysis of instances where advocacy was mentioned (although not necessarily the only reason) for deferring a children’s hearing.  An update paper from SCRA was issued to group members prior to the meeting.

Action

Scottish government to convene meetings of the ERG Training and CPD sub-group and comms and engagement sub-group.  Any members who would like to be part of these groups should let Scottish government know as soon as possible so you can be added to the distribution list.

Update

An ERG Training and CPD meeting was held on 8 July 2022.  Items discussed were the skills and knowledge framework; learning from the advocacy webinar feedback; and an update on arrangements for clan childlaw mandatory induction and refresher training sessions for 2022-23. All of these topics are agenda items for this ERG meeting.

Action

Members to let Scottish government know as soon as possible if they want to be or should be involved in the small group exploring how to progress a qualification.

Outcome

The qualification sub-group met on 8 April 2022 to discuss the way forward in development of a qualification for advocacy workers. Discussions are ongoing with current providers of qualifications to establish what could be done to ensure our qualification is bespoke to children’s hearings advocacy workers. Gathering of information from these organisations will inform an options paper which will be taken to the training and CPD sub-group for endorsement before coming to the ERG for approval.  

Action

CHS & SCRA to consider the representation regarding observer opportunities or if the mock hearings programme may be widened to support advocacy workers learning of the hearings process.

Update

An update paper from SCRA was issued to group members prior to the meeting welcoming the opportunity to feed into this work.  SCRA would be happy to facilitate a training experience using the mock children’s hearings approach.  Further discussions will take place about this.

The chair also provided an update on activities which have been completed: 

The national progress report was reviewed by ERG members with no inaccuracies or issues of concern raised, therefore the Report was published on the Scottish Government website; ERG group members had no comments or thoughts to add to the ideas presented in the SG written update paper regarding strategic work plans, therefore work is ongoing to take forward items outlined in the February 2022 Scottish government update paper.

Scottish Government update – a written Scottish government update paper accompanied this item

The chair highlighted some topics from the Scottish government update paper: providing an update on the funding position.  It was confirmed that a budget of up to £2 million for the delivery of the children’s advocacy in children’s hearing national scheme for the next financial year 2022-23 had been secured.  Grant offer letters had all been accepted by the advocacy organisations and clan childlaw for training and the legal assistance advice line, and quarter 1 invoices and reports were being received and processed by Scottish Government.

The chair noted that the skills and knowledge framework, which was sent to ERG members as a separate proposal paper, was an agenda item for discussion; as was non-instructed advocacy progress.  

The chair provided an update about numbers of children and young people notified to Scottish Ministers as being resident in Scotland on a cross-border deprivation of liberty order (DOLs).  Since 24 June 2022, when the regulations came into force, there had been 3 notifications of a young person placed in Scotland from elsewhere in the UK.  Independent advocacy support has been offered to all 3; one young person has returned to England; one was already receiving advocacy support from the Scottish advocacy organisation and one notification had only been received the day before, therefore the outcome was unknown at the time of the ERG. 

The chair advised members that the SCRA annual statistics had been published on 30 June 2022; and that the deadline for applying for funding through the cashback for communities was noon Friday 12 August.

The chair asked members if they wanted to discuss any other matters set out in the Scottish government update paper.  No topics were raised in respect of the update paper.

Before moving on to next members updates, Sadia (SCLC) asked if she could raise a couple of points in relation to legal representation for children and young people at their hearing.  Sadia was particularly interested in when, and how, a child would be notified that legal representation was available to them, and when an advocacy worker would refer the child on.  Pam emphasised that of course a child could have both advocacy support and legal representation – it was not an either/or situation.  Alistair (SCRA) stated that all notifications from SCRA mention legal representation availability to young people.  Charles (SWS) advised the group that these were interesting points and that we should not assume that notifications were routinely received by children and young people.  Charles pointed to research carried out by the children’s commissioner into the position with notifications and secure care, advising that this may be revisited.  Tom advised that the fieldwork for the secure care authorisation and notification report goes back a few years and there’s been action both within SCRA and across local authorities on that. Tom agreed to share the report and the link below will take you to that report.  

Statutory duties in secure accommodation: unlocking children's rights - the children and young people's commissioner Scotland (cypcs.org.uk)

In teams chat box, Tom had raised the question of how we could find a way to reinforce for CYP – both i) on where an advocate draws legal advice to themselves and ii) to underline the distinct roles that advocates / legal reps/ safeguarders all play and how to make sense of that for the child. This discussion highlighted that not everyone had access to the chat box, and Charles asked if it could be sent out along with the meeting note.  Pam agreed this would happen. Tom further noted that the panel makes the decision for legal representation, whilst Alistair (SCRA) agreed but reminded the group there is a duty on the reporter to arrange legal representation in certain limited circumstances.

Selwyn (Barnardo’s) advised the group that as part of very early advocacy discussions with the child or young person they are told about the roles and responsibilities of everyone involved in a hearing including the availability of legal representation.  This is very much part of the advocacy worker’s role to make sure the child understands their hearing.

Sadia (SCLC) moved on to ask how we could ensure there was universal access to legal aid. Alistair (SCRA) noted that access to legal aid is available and it would be remarkable if requested and not provided.  Sadia felt that the availability needs to be expanded as it is not automatic.  Elaine (CHIP) confirmed that it has to be applied for.  The chair advised that this was not the remit of this group and suggested this might be for discussion at CHIP or another forum.

Action
•  Scottish government to ensure Children and Young People Commissioner Scotland report is shared with ERG members. (link to report attached above)
• Scottish government to share TEAMS chat with ERG members for the benefit of those with no access during the meeting
• Scottish government to discuss with Elaine/CHIP if the issue of automatic funding for legal aid sits with CHIP or another more appropriate forum. 

Members updates – any business arising 

Scottish Children’s Reporter Administration (SCRA)

Scottish government (Pam) noted an SCRA written update paper was shared with the members prior to today’s meeting, and thanked Melissa Hunt for all her work on that paper.  Alistair was invited to discuss the paper with the group members.

Alistair drew the group’s attention to item 1.2 in particular.  This states that “a representative of the child or a relevant person has a right to attend the hearing whether or not the person they are representing is in attendance. Therefore an advocacy worker who is instructed by the child to attend the hearing has a right to attend from the start whether or not the child is also in attendance”.  Group members welcomed this clarification noting it had been a topic for discussion at the ERG in February where a jointly agreed policy with CHS and SCRA sought to reduce the number of people involved in children’s hearings.  Kyna (CAPS) and Kay (WC?S) advised Alistair that this change did not appear to have been disseminated to all Reporters and citing instances where the advocacy worker had not been granted access to the room – on one occasion the child was physically present at a hearing and the advocacy worker was only able to join virtually.  Alistair asked that advocacy organisations alert SCRA to when this sort of issue was arising, and said that refresher guidance will be sent to all Reporters if this continues to cause confusion/different practice across localities.

Action
Advocacy organisations to let SCRA (Melissa/Alistair) know of instances where the advocacy worker is not permitted into the hearing.

Kevin (ASA) voiced a plea to make sure the conversation is had with the child, in advance of the hearing, to make sure the advocacy worker is in the full hearing.  Kevin explained by way of example that under section 1.3 of the SCRA update, “if the child has two lay representatives, it will be for the child to decide which one comes in at the start (or if the child is not present it is for the representatives to decide).  This carries an element of risk as in one experience the child chose the family member rather than the advocacy worker.  Julie (IAPK) advised that this should all be resolved before the day of the hearing, rather than all the “administrative” tasks being carried out on the actual day of the hearing, and then everyone would be clear about who was doing what and when.

Kay (WC?S) asked about what instruction the Panel Chair has in relation to finding out what the child wants.  Alistair detailed the Chair’s duty in relation to advising the child about the availability of advocacy provision, and their overall duty to act in the best interest of the child.  Alistair noted the Practice and Procedure Manual for Panel Members contained information on procedures and processes. Edward (CHS) advised that Kay’s point would be taken forward in the update of the Manual for Panel Members work that was currently underway.  

Action
CHS to take account of discussions here at the ERG around the role of the chair in the practice and procedure manual for panel members revisions.
Kevin (ASA) asked for advice from Alistair as to how much contact the chair could/should have with the child prior to a hearing.  Alistair explained there is no stance on this topic, it is about adopting fairness and being recognisant of the potential for legal challenge.  It carries an element of risk, as there may be perceptions drawn if the chair has any contact with the child outwith the presence of others.  The CELCIS voice inclusion project recommends that a child should have more input into how a hearing is managed, and it is right to allow them input, however, some people with specific roles and responsibilities “have” to be there.  It is difficult, therefore to agree with everything the child wants or asks for.

Alistair moved on to discuss the statistical work carried out by SCRA on deferred decisions.  This was a time consuming exercise for SCRA to carry out and the ERG recognised the effort put in to have the information available.  The group discussed the statistics, commenting on key numbers, such as 25 deferrals in Ayrshire due to advocacy referral at request of the panel, whilst in South East that number was zero.  There were variances across the 9 localities and at this stage it is impossible to say why there are high numbers in some areas and very little in others.  Selwyn (Barnardo’s) suggested this was an area of work which warranted further discussion, asking the question as to whether some of the numbers reflected a positive or negative position.  Selwyn further commented that making referrals early would result in less deferrals.  Ann Marie (EAAS) advised that in her experience panel members in Ayrshire are really awake to advocacy and so the figure quoted for her locality was good news, in terms of children having the opportunity to have advocacy support.  Alistair advised that SCRA would be happy to look at frequency and viability of producing this information in future.

Action
SCRA to consider when they could produce statistics in future to inform local analysis to take place in an effort to identify and share good practice across all localities. 

Children’s Hearings Scotland 

Scottish government (Pam) invited CHS (Edward) to provide an update for children’s hearings Scotland work and priorities.  Edward advised that work was ongoing to review the practice and procedure manual (as he’d mentioned during SCRA’s update) and that any thoughts, ideas and comments for amendment would be welcomed.  Work is being carried out to look at the language used as part of this work.  This is in recognition that the whole sector is looking at language used in response to feedback from children and young people via, for example The Promise, and OHOV 40 Calls to Action – “speak to me using words and explain things in ways that I will understand”. 

All panel members will be undertaking refresher training in September.  Edward asked that if anyone has ideas of what should be incorporated into that training to let him know.  Sadia (SCLC) asked what training was available for panel members in relation to working with children with additional support needs.  Edward explained our children’s hearings Scotland learning academy operated in partnership with West Lothian College, provides a range of online and face-to-face learning opportunities for our volunteers. This continuous development makes sure our Panel and area support team members are well trained to undertake their roles.  Selwyn (Barnardo’s) explained about non-instructed advocacy and how that also assists children and young people with additional support needs to get the support they need.

Edward advised the ERG of the exciting news that he will be surveying panel members on advocacy and its impact during a hearing.  Being conscious of panel’s survey fatigue, this work is likely to happen in the autumn.  In the meantime, Edward is working closing with data and governance colleagues to get questions phrased in such a way as to provide the best responses and intelligence.  Edward asked that if group members have any suggestions as to what questions might be asked, to get in touch with him.

Action
•    Let Edward know of any suggested topics for inclusion in the panel members refresher training due to be carried out in September.
•    Group members to get in touch with Edward with any suggestions for panel member survey questions. 

National Provider Network (NPN) Update 

Scottish government (Pam) invited Selwyn (Barnardo’s/NPN Chair) to give an update on the network’s recent activities.  

Selwyn commented that he had a very positive picture to paint in terms of the children’s advocacy in children’s hearings advocacy.  The NPN has become a very useful network with lots of benefits for all the organisations represented.  The NPN is represented on the Sheriff Mackie re-design group and providing valuable insights into the value of independent advocacy for children and young people.  The NPN has continued work on non-instructed advocacy.  (As this matter was an agenda item, further detail is included later in this note.)

In terms of practice issues, Selwyn again highlighted the difficulties caused by short notice referrals.  This is still an issue reported by all organisations and further discussion is needed with social work Scotland (SWS), children’s hearings Scotland (CHS), scottish children reporter administration (SCRA) and advocacy organisations to get earlier referrals and more notice.

In terms of advocates gaining access to hearings, Selwyn advised this is very much an improving picture, however, as discussed during the SCRA update, there are still inconsistencies across localities. 

Many organisations had been undertaking recruitment of advocacy workers over the past weeks and this had reportedly all gone well with a great response to adverts.

Following information from organisations about the wellbeing of staff, the NPN focussed on gathering details on how organisations are supporting their staff, and disseminated good practice and materials to assist with this important aspect of work.  Staff wellbeing, with a particular focus on vicarious trauma, is a standing agenda item at NPN meetings.

The NPN members discussed how they are reporting the use, and effectiveness of, the tools developed under outcomes and reporting work developed in conjunction with Wren and Greyhound late last year.  This is an ongoing piece of work and good practice and findings are being shared with the NPN and through quarterly grant monitoring reports with SG.

The NPN are also engaged with the recent expansion of the children’s advocacy in children’s hearings provision to support children and young people placed in residential care in Scotland under deprivation of liberty orders (DOLs).  These young people are cross-border placements and Scottish minsters are making an offer of independent advocacy support to them whilst they are resident in Scotland.

CHIP Language work – Elaine

Elaine (CHIP) provided an update on the work currently underway in considering the use of language relating to children and young people in the hearings system.  Working in conjunction with Gordon Main from Our Hearings Our Voice, a language group of chip partners has been set up.  Elaine emphasised that as people with a professional responsibility for the care of children involved in the children’s hearings system,  it is important that we exercise great care when selecting and using language, both for our communications with children and families and when recording information about children’s lives and their individual experiences. The language we use sets the tone for the way we communicate with children and with our partners. We want to be open about the information we have, the assessments we make and the actions we take to provide support for children and their families and to drive system improvement.  Well-chosen language can be powerful and positive. It can help children understand their life story and provide contextual information to help them make sense of their past. We also know however that language used carelessly can cause harm. It can be stigmatising and exaggerate/create trauma.  

CHIP partners acknowledge the importance of the language we use, in particular for children and families. We are committed to working together and alongside those with lived experience to achieve consistency of practice around this important area of work.  We recognise this as a priority area for our attention while recognising that it will take time and effort to align language across the systems that are involved in children’s hearings.  Elaine invited any ERG members with an interest in this work to get in contact with her, as it is very clear that this work is cross cutting across the whole children and families sector.

Action
ERG members to let Elaine know if they are interested in feeding into/ being part of the group working on this area of work.

Non-instructed advocacy (agenda item 3)

Selwyn (NPN) updated the ERG on the development of the non-instructed advocacy work.  The sub-group of the NPN specifically looking at this work has met regularly, and attended the recent SIAA Roundtable event where non-instructed advocacy for all children and young people, not only those involved in children’s hearings, was discussed.  A further meeting will be organised by SIAA in due course.  The sub-group also had a meeting with Bryan Evans from children 1st, in an effort to inform the draft policy and practice paper on how NIA differs from safeguarding.   The draft document is almost ready for colleagues and partners to comment upon.  It is hoped that the sub-group will be able to work alongside SCRA and CHS colleagues to develop a working protocol.  All of this output will be sent to ERG members for deliberation in the coming weeks

Communications and Engagement (agenda item 4)

Pam advised ERG members of the latest web based activity in terms of communication and engagement.  Information in the 10 most commonly requested languages have been made available and will be uploaded to the advocacy website soon.

As discussed earlier in the meeting, the importance of local discussions and engagement, as well as looking to national communications, remains high on our agenda.  A sub-group comms meeting will be convened as soon as we are able, to identify what more can be done.  In the meantime, SG and the NPN will contact Charles Rocks (SWS) to arrange a meeting to discuss how we can work even more effectively together to increase referrals and to try to address the late referrals from social workers.

Action
•    SG to convene a comms and engagement sub-group meeting to discuss what activities can be undertaken to further enhance our communications and engagement strategy
•    SG to set up a meeting with SWS to identify ways we can work even more effectively together to increase referrals and to address the late referrals from social workers.

Training and CPD (agenda item 5)

Advocacy Webinar Learning

Pam (SG) advised ERG members that at the recent training and CPD a good discussion was had about the learning from the advocacy webinar held in January 2022.  Further detail is in the SG update paper issued for this meeting as to next steps, which will involve creating a proposal for future activity using a hybrid model of providing a national picture, data, analyses, practice issue and resolutions could be established and then a drill down for each locality then incorporated.  Further detail on this will be provided to ERG members as the arrangements are considered and developed.

CLAN Childlaw

Scottish government (Pam) invited clan childlaw (Gaby) to give any additional information or update to that detail included in the SG update paper.  Gaby said that the arrangement details for the 2022-23 Clan training was as outlined in the emails sent to each organisation by Agota.  Gaby added that in addition, Agota would be getting in touch with advocacy organisations in the coming days to ask for any topics or themes that should be included in this year’s training offer. 

Sadia advised that SCLC would be available to help with training.

Action
ERG members to let CLAN childlaw know if there were any specific areas of practice that should be included in this year’s training offer.

Skills and knowledge framework

A proposal paper was sent to ERG members in advance of this meeting to seek approval with the way forward with the skills and knowledge framework developed by the Ttaining and CPD sub-group.

Elaine (CHIP) introduced the item and re-capped the background to ERG members of how we had reached this position.  It now fell to group members to consider how organisations and partners could implement this proposal.  Elaine asked for views on an Implementation Strategy.  Selwyn (Barnardo’s) commented that further in- depth discussion was required, in particular the aspects of the framework concerned with a trauma informed workforce.  Julie (IAP&K) commented that she found the framework to be very useful and was using it as a checklist for supervision with staff.  

It was agreed that it would be beneficial to arrange a separate meeting of the ERG to discuss the implementation strategy in more detail.  This would also allow ERG members to consult with colleagues and provide a corporate, organisational response.  

As the ERG members approved the proposal and the way forward, Pam undertook to organise a further ERG meeting which will specifically focus on the skills and knowledge framework and an implementation plan.  Before this full ERG meeting takes place the framework will be taken back to advocacy organisations via the NPN, to get advocacy worker views and this will feed into the “fleshing out” of the different tiers.  The next NPN is on 18 August and organisations will be asked to discuss the Framework at staff meetings.  Thereafter, the training and CPD sub-group will consider the next stages and bring back to the ERG ahead of the full meeting . 

Action
•    ERG members to consult with colleagues to develop a corporate response to implementing the Skills and Knowledge Framework.
•    SG to organise a Skills and Knowledge Framework meeting to allow ERG members to provide detail of what they and their organisation could do to contribute to an Implementation Plan.

Reporting and Monitoring

Pam advised the ERG that analysis of the annual reports for 2021-22 was underway.  She was very pleased to report that the number of new referrals had risen to 1392, the number of referrals had increased across all local authorities and the number of face-to-face hearings were increasing too.  All of the advocacy organisations had completed their self-assessment reports as well as their annual grant monitoring report.  In terms of this year’s quarter one reports, all organisations are reporting an increase in referrals.

As previously discussed the outcomes tools are being used by all organisations and intelligence gathering on which are most effective under what circumstances is underway. 

Pam shared an excerpt from a report compiled by a volunteer student with lived care experience into the experience of advocacy support for children going through the children’s hearing system including feedback on outcomes tools.  This report was commissioned on behalf of partners in advocacy in February 2022.  Part of the conclusion states “Ultimately the vital and supportive role advocacy services play when working with vulnerable children and young people, assisting them to feel empowered to make decisions which affect their lives was felt acutely and more importantly, deeply valued by the children receiving support themselves.”   Permission has been given to share the full report and it will be attached alongside the note of this meeting.

Any other business 

No other matters were raised and the Chair thanked everyone for their participation and input and closed the meeting.