Children's care and justice – possible changes to the law: consultation - easy read

The Children's Hearings System

The children's hearings system is the care and justice system for children. Some children do not have all their needs met. They can face risks in their lives. This may have been going on a long time. It can be complicated.

Concerns about a child can be reported to the Children's Reporter. This is a professional who makes the decision about if a child needs to go to a children's hearing or not. The children's hearing is made up of 3 people. They are called the panel members. Panel members make decisions to support children.

Now all children under 16 can go to a children's hearing. Some 16 and 17 year olds can. A hearing can make a decision to help the child and make sure they get the help they need.

The law is the rules that a country has. If someone does not stick to the law we say they have broken the law or are in conflict with the law. This means they have committed an offence.

Children who get in trouble with the law may be vulnerable and have had problems in their lives. Children over 12 can be reported to the Children's Reporter and the Procurator Fiscal when they break the law and commit a serious crime.

The Procurator Fiscal is the professional who decides to take a case to court or not. When a child has been referred to both the Children's Reporter and Procurator Fiscal, they will talk. The Procurator Fiscal will decide whether the child should go to a children's hearing or a court.

We asked people before if we should change the law so that all children under 18 can have a children's hearing. This includes children at risk of abuse or harm due to the behaviour of other people and all children who are charged by the police.

Most people agreed that this change should be made and we want to make this happen.

This change will mean there are a lot of things to think about. More children will go to a hearing. More people who have been harmed by a child, including other children and their families, will use the children's hearings system.

The children's hearings system is different to the criminal justice system and court. The hearing system is not about punishment. It is about the child's needs and welfare and if they need protection or support in their life. What the child's hearings system and the criminal justice system can do is different.