Children's hearings redesign - policy proposals: consultation

Ministerial Foreword

Scotland’s unique children’s hearings system offers legal protections to children and young people who are in need or at risk, and who require its support.

For nearly 60 years, one of the key strengths of the children’s hearings system has been its ability to evolve and adapt roles, practices and functions - to better meet the needs of children and their families - while adhering to its established founding principles. As the system approaches a further period of change, we must underline our gratitude to the volunteers and professionals who continue to offer so much time, dedication and care to the children referred to hearings. We also need those partners to stay the course as we decide the best course of action for children’s hearings all the way through the redesign process, and for the stages beyond.

This is a chance to consider how the system can again adapt, to continue to meet babies’, infants’, children’s and young people’s needs for the years to 2030 and beyond; and to be bold and positive in doing so. It will be essential to build on the work done over recent years by the organisations most closely involved in leading and supporting system improvement.

The adaptations and refinements we make to the children’s hearings system must be chosen with care, and be informed by consultation and solid evidence. In addition, change must be introduced at the right pace, with respect to wider policy and legislative commitments. We want to ensure that the organisations and individuals working within the system have the capacity and confidence required to give of their very best to children and families.

Following a 20-month review of the children’s hearings system, Hearings for Children: The report of the Hearings System Working Group was published on 25 May 2023. It set out a broad range package of recommendations. The work was led by Sheriff David Mackie alongside members of the Hearings System Working Group (HSWG): officers from the Promise Scotland, the Scottish Children’s Reporter Administration (SCRA) and Children’s Hearings Scotland (CHS). Scottish Government officials were group observers.

Scottish Ministers are grateful to those behind Hearings for Children: the young people, families and professionals who gave so generously of their time, their views and their expertise. This allowed the report to reflect both their lived reality of the current system, and their hopes for the future. It is clear that the Kilbrandon principles, on which the children’s hearings system has been based since its inception, remain vital to Scotland’s approach to the welfare and care of children who may need compulsory care to keep them safe. That gives a solid platform on which to build positive change. As indicated in the Government response to Hearings for Children, published in December 2023, this work represents an improvement agenda, not a recovery operation. It is with that in mind that we seek the views of children, families and those that work with them on the proposals in this paper.

Natalie Don MSP

Minister for Children, Young People and Keeping the Promise