Children's hearings redesign - policy proposals: consultation

3. Introduction

The children’s hearings system is Scotland’s system offering legal protections to children who are in need or at risk, and who require its support. Limiting compulsory measures of care only to those children for whom that is required, and only for as long as compulsory intervention is needed, remain fundamental principles.

The system’s creation dates back to the landmark Kilbrandon Report^[8] of 1964, furthering Scotland’s welfare-based approach to children’s care and youth justice. This ‘social education’ approach proceeds from an acceptance that the care, protection and support needs of children – and any risks these children may face, or parts of their behaviour may present to others – must be addressed in the context of each child’s whole life circumstances, whether that child themselves offends, or is offended against.

The Social Work (Scotland) Act 1968 first brought into law the children’s hearings system, with further legislation bringing subsequent improvements and developments, including the Children (Scotland) Act 1995 (‘the 1995 Act’), the Children’s Hearings (Scotland) Act 2011 (‘the 2011 Act’), the Children (Scotland) Act 2020 and the recent Children (Care and Justice) (Scotland) Act 2024.

Reducing the number of children subject to compulsory measures of care demands the wider provision of preventative and appropriate, high quality, accessible early help and support. This is underpinned by the following core components:

• A legislative framework for assessment of wellbeing with SHANARRI (Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, and Included), underpinned by guidance. This provides shared principles and values across agencies and services and is central to Getting It Right for Every Child (GIRFEC).[9]
• GIRFEC provides a consistent, co-ordinated way for everyone who works with children, young people and their parents to identify and meet wellbeing and developmental needs. Upholding children’s rights is crucial to improving wellbeing and meeting our commitments to Keep The Promise and reduce child poverty. This is why the United Nations Convention on the Rights of the Child (UNCRC) has been incorporated into Scots law via the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (legislation.gov.uk).

These components offer a strong basis for the multi-agency work that the Scottish Government is undertaking with our partners to improve wellbeing; to embed children’s rights; and better support families.

Scottish Ministers acknowledge the immense, highly skilled and unique contribution made by social workers to support individuals and families across Scotland. Ministers are aware of current workforce and workload pressures and are clear that a strong and well supported social work profession is key to delivering the aims set out in The Promise and the Hearings for Children report. Action does need to be taken to address these pressures - that is why the Scottish Government is already working to support and invest in the workforce. Developing a strategic approach to these challenges will ensure that the impacts on the workforces supporting children and families are a key factor in considering the development and delivery of legislative, policy and reform initiatives.

‘Best Start, Bright Futures’, the second delivery plan for tackling child poverty, sets out how the Scottish Government will work to deliver on Scotland's national mission to tackle child poverty. It is not solely a plan for the Scottish Government, but a plan for all of Scotland, recognising the contribution all parts of society must make to deliver the change needed for children and families. Our work to tackle child poverty is strongly aligned with our commitment to the outcomes of the Independent Care Review. 'The Promise' recognised that if Scotland is to become the best place in the world to grow up, Scotland needs its public services to work for, and with children, young people, and their families. The Scottish Government will look to identify areas of activity where poverty and care experience overlap and explore opportunities to connect policy ambitions. This will include making links with relevant elements of future plans to redesign the children’s hearings system.

The Scottish Government agree with the Hearings for Children report that there must be concerted and coordinated leadership, oversight, investment, and prioritisation of the provision of appropriate, high quality, accessible, early help and support for children and their families. Transforming the delivery of Scotland’s public services in a way which delivers services that support individual circumstances is what Whole Family Wellbeing Funding^[10] is all about. This will help Scotland to keep the Promise because it will ultimately support families to thrive by reducing the need for more intensive support when things have gone wrong. The funding will focus on the system changes required to shift investment towards early intervention and prevention activities, to ensure families can access support before they reach crisis point.

The Scottish Government have heard concerns from service leaders, practitioners and representative bodies about sequencing, capacity and overburdening. But the Scottish Government have also heard a real enthusiasm for the children’s hearings system’s principles and potential. There is broad commitment to sustaining its ongoing success.

In developing plans for the redesign of the children’s hearings system, the capacity of those working within it and the landscape of other policy and practice change will be central considerations alongside the core desire to do our best by children and their families, and to make necessary changes as soon as possible.

To deliver the accepted non-legislative recommendations for change, a Children’s Hearings Redesign Board (“the Board”) has been established.

The Board is jointly chaired by the Scottish Government and the Convention of Scottish Local Authorities (COSLA) and includes membership from the senior leadership of key statutory partners responsible for the delivery of the children’s hearings system.

This means one member each from the Scottish Children’s Reporter Administration (SCRA), Children’s Hearings Scotland (CHS) and Social Work Scotland (SWS). This tightly focused membership of statutory and key partners is designed to ensure direct accountability and appropriate pace in delivery and change. The Board will maintain close links with the wider strategic community of the Children’s Hearings Improvement Partnership (CHIP), as well as commissioning members, and groups of members, from that partnership to deliver on identified relevant workstreams and priorities.

The Redesign Board will oversee delivery of change to the children’s hearings system, ensuring that any changes made are underpinned by clear and compelling evidence - with demonstrable benefits to children and their families. Central to the effective operation of the Board will be core principles of collaboration, co-operation, inclusion, respect and transparency. As well as their own organisations, the Board members will be accountable to Scottish Ministers and COSLA leaders and will provide progress updates to other connected strategic boards and groups, including care experienced young people.

Building on the successful and trusting partnerships created and nurtured by Sheriff David Mackie, the Board will work with children and young people to identify ways for them to enrich its work and add value to the process of reform and redesign. This is a critical feature of the programme of redesign but needs to happen on terms best suited to the young people. They will be supported to introduce ideas, raise concerns and hold others to account for the work that is taking place.

The Scottish Government also recognise the need to consider the experiences of babies and infants and will seek input from expert practitioners and relevant bodies to ensure that the youngest children’s needs inform the work on redesign.

The provisions of the Children Care and Justice (Scotland) Act 2024, and the reforms they will introduce, will be commenced in phases, likely between summer 2024 and early 2026. The purposes of the 2024 Act will be supported by a redesigned children’s hearings system over the medium term. But the 2024 Act provisions have been designed not to rely on prior delivery of that redesigned system, given that sufficient time is now required to consider and consult on the outcome of the Scottish Government’s response to the Hearings for Children report.

In light of responses to this consultation, the Scottish Government will consider what changes to the law will be required to enable and support redesign of the children’s hearings system. Subject to decisions taken following analysis of consultation responses, the Scottish Government anticipate any legislative change needed as a result would be included in a Bill introduced and considered towards the end of this Parliamentary term. Any Bill introduced would then be for Parliament to consider. Subject to Parliament’s approval of such a Bill, the Scottish Government anticipate it would be implemented in the period from 2026 to 2030 and beyond.