Appendix 2: Competence Framework
Background
In 1999 the Scottish Executive published Children's Panel Training: design, content and evaluation. The guidance covered a number of stages of panel member training. The document detailed the principles of teaching and learning on which the design and content of children's panel training is based as well as outlining the training provision and methods used to deliver the training. The guidance also described the approaches used to evaluate progress and performance of individual panel members during induction training. Quality assurance is intended to highlight the importance of ensuring the training is 'fit for purpose'.
Next steps
The competences included in the guidance were restructured and consolidated into a framework of six headline competences, published in 2003 as the Competence Framework for Chairmen and Members of Children's Hearings. Children's hearings are legal tribunals and panel members are trained lay tribunal members. In order for panel members to be able to take up appointment they must be assessed as having satisfactorily completed Induction Stage 1 (pre-service) and demonstrated in training the ability to meet the competences. Panel members' performance at hearings will continue to be measured against the Competence Framework throughout their service.
The format of the framework
The framework has been updated to include seven main competences, each one representing a core element of the role.
A Law and procedure
B Equal treatment
C Communication
D Conduct of hearing
E Management of information
F Decision making
G Protecting rights
Competences and performance indicators
The competences relevant to each core element of knowledge and skill are stated. A competence can be defined as a learned skill assessed through observation of performance. For each competence there are performance indicators which set out the evidence required to show that a competence has been demonstrated.
Each member of the hearing must be able to demonstrate their ability to meet the competences. There are additional competences and performance indicators which apply to the chairing member.
Using the competence framework
The framework provides an essential self-development aid for individual panel members throughout their service. They should be encouraged and supported to be self-critical about their performance and training needs.
Assessment against competences can enable individual needs to be accurately identified through effective monitoring by Area Support Team monitoring members.
It also assists those providing training, enabling them to design programmes, or specially tailored courses, which ensures that panel members acquire and use the skills and knowledge necessary to undertake their role competently and with confidence.
The Competences
A Law and procedure
To ensure an appropriate level of knowledge of the law, procedure and best practice in children's hearings
Each member of the hearing
| 1 Understand the legal framework and procedures of children's hearings |
Performance indicators:
- Is able to accurately describe and explain (in outline) the legal framework and procedures of a children's hearing
- Can describe the roles and responsibilities of those involved in the children's hearings system
- Acknowledges any gaps in own knowledge and seeks information or views from relevant sources to clarify
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| 2 Understand the principles underlying the children's hearings system |
Performance indicators:
- Keeps focus on the welfare of the child
- Is able to regard the need to safeguard and promote the welfare of the child throughout the child's childhood as the paramount consideration
- Seeks the views of the child in whatever form they may take and takes account of them
- Demonstrates through their decision making understanding of the beneficial order principle
- Demonstrates understanding that their role is to make a decision and not to lecture or mentor
- Ensures the maintenance of the rights of the child and others present at the hearing
- Understands the need to maintain confidentiality by storing papers safely and returning them to the reporter at the end of the hearing
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| 3 Understand when to access legal information or advice through the office of the national convener |
Performance indicators:
- Ensures views and information are obtained during the hearing from all sources
- Is aware of when to obtain legal information or advice through the national convener's office
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Chairing members
| 4 Possess sufficient knowledge and understanding of the legislation and best practice relevant to children's hearings |
Performance indicators:
- Is able to apply accurately the legislation and rules during the hearing
- Obtain views from appropriate sources when required
- Enables all participants to express their views during the hearing and takes account of them
- Ensures the maintenance of the rights of the child and others present at the hearing
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B Equal Treatment
To ensure and promote equal treatment for all involved in children's hearings
Each member of the hearing
| 1 Are aware of and respect cultural and other differences among all who appear before a hearing, including differences in age, beliefs, gender, race, religious customs, sexual orientation, class, lifestyles, language or any physical or learning disability |
Performance indicators:
- Uses correct forms of address and appropriate language
- Asks questions and encourages and engages in discussion in a manner that is sensitive to people's circumstances
- Participates in the hearing in a way that enhances and promotes fair and equal treatment, by appropriate approach, attitude and non-verbal behaviour
- Ensures that the needs and rights of everyone attending the hearing are properly accommodated.
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| 2 Facilitate and encourage the participation of the child and family and all other parties to ensure a fair hearing takes place |
Performance indicators:
- Explains in everyday language the procedural, legal and other issues covered in the hearing, as appropriate, and seeks clarity of their of their understanding.
- Takes necessary account of all factors that may discriminate and undermine full and effective participation
- Is open-minded and has not pre-judged the outcome of the hearing
- Understands the need to protect rights and enable participation where there is a lack of capacity to understand and participate
- Ensures the maintenance of the rights of the child and others present at the hearing
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NOTE : for consideration and insertion at appropriate time:
The Act states that the chairing member must inform the child of the availability of children's advocacy services, unless if taking account of the age and maturity of the child, the chairing member considers that it would not be appropriate to do so.
C Communication
To ensure effective and purposeful communication at a children's hearing
Each member of the hearing
| 1 Communicate effectively |
Performance indicators:
- Asks clear, concise and relevant questions which are understood by those to whom they are addressed
- Uses open-ended questions wherever possible, avoiding leading or shaping what is said by participants
- Employs active listening skills by being attentive, checking perceptions, and allowing time for responses
- Demonstrates appropriate body language through suitable posture, gestures, facial expressions and eye contact
- Regularly checks the understanding of all participants without being patronising
- Enables those present to participate in the discussion and contribute to the decision-making process
- Demonstrates awareness of own and others' non-verbal behaviour and its impact on the child and others at the hearing
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| 2 Communicate purposefully |
- Ensures the child has opportunities at all stages of the hearing to express their views
- Decides where appropriate to speak to the child on their own
- Avoids using terminology, jargon and acronyms, which can inhibit participation. When used by others, explains the meaning
- Paces the hearing, taking account of the child's stage of development, understanding, level of distress and attention span
- Helps create a positive tone at the hearing through own verbal and non-verbal contributions, avoiding lecturing, threatening or mentoring
- Demonstrates sensitivity in situations where there is a high level of emotion, such as stress, distress, anger or conflict
- Gives verbal decisions and reasons using clear and concise language so that the family understand them
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Chairing members
| 3 Communicate effectively and purposefully |
Performance indicators:
- Explains any relevant legal or procedural issues to the child and family in language they can understand
- Is able to explain the grounds for referral to the child and relevant persons in language they can understand
- Seeks clarity that the grounds have been understood and provides the child or relevant persons with the opportunity to accept or deny them
- Explains the purpose of the hearing to the child and relevant persons clearly
- Facilitates effective communication between the hearing members and everyone present
- Gives own verbal decisions and reasons reflecting the content of the discussion. Uses clear and concise language
- Gives the hearing's decisions and reasons using clear and concise language so that the family understand them
- Ensures that the record of the hearing's decisions and reasons clearly and adequately reflects the verbal reasons.
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D Conduct of hearing
To ensure a fair and effective hearing
Each member of the hearing
| 1 Conduct themselves in a manner that establishes and maintains the independence and authority of the hearing |
Performance indicators:
- Arrives in sufficient time to have an adequate pre-hearing planning discussion
- Recognises and discloses any potential conflict of interest
- Anticipates possible difficulties that may arise in the hearing and devises ways of dealing with them
- Behaves in a measured, calm and non-confrontational manner
- Appropriately assists the chairing member in ensuring that all legal procedures have been carried out
- Gives support to the other panel members and works as a team member
- Demonstrates respect and has an awareness of own style of working and its effect on the functioning of the team and others at the hearing
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| Chairing members |
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| 2 Manage the hearing in a manner that enables participation by all those present |
Performance indicators:
- Sets the tone of the hearing to enable participation by all leading to an informed decision
- Identifies who is present at the hearing so all parties know who is there and in what capacity
- Considers who should be present for all or part of the hearing, as appropriate
- Explains the purpose and procedures of the hearing and checks that it can be understood by all present
- Ensures that each party has the opportunity to participate and express views
- Ends the hearing appropriately
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| 3 Manage the hearing effectively |
Performance indicators:
- Considers in advance how the hearing might be structured
- Consults with the other two panel members prior to start of the hearing on how hearing will be managed
- Identifies areas of agreement and disagreement
- Demonstrates respect and maintains a proper balance between formality and informality
- Maintains firm and effective control
- Maintains focus and direction while being open to the unexpected and using time productively
- Manages situations where there is a high level of emotion such as stress, distress, anger or conflict.
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E Management of information
To ensure that all the relevant issues are addressed by obtaining and managing information
Each member of the hearing
| 1 Undertake necessary preparatory work for all cases |
Performance indicators:
- Exhibits thorough knowledge of the reports
- Identifies areas requiring clarification or investigation
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| 2 Identify and assimilate relevant facts and information |
Performance indicators:
- Identifies and uses only relevant facts and information in order to come to a decision
- Considers the child in the context of his or her family, race, gender, sexuality, community, class, culture, religion, language and any disability
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| 3 Ask questions concerning material Issues |
Performance indicators:
- Makes appropriate use of the agenda identified at the start of the hearing
- Asks questions which explore relevant information to inform the decision
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| Chairing members |
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| 4 Conduct the hearing to encompass all relevant issues |
Performance indicators:
- Introduces the agenda and invites contributions from those present
- Ensures all and, as far as possible, only relevant issues are addressed and considered
- Facilitates participation in the proceedings of the other panel members and all present
- Discloses material information from the reports which may influence the decision-making process, unless there has been a request for non-disclosure
- Ensures that there is discussion about all other relevant issues by all parties.
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F Decision making
To ensure a proper assessment of the child's needs, identification of relevant resources, effective deliberation and reasoned decisions for future care of child.
Each member of the hearing
| 1 Take an active part in deliberations |
Performance indicators:
- Uses reports and other information, including the child's plan, to identify key issues to raise in the hearing
- Checks understanding and interpretation of key issues by asking questions and listening to responses
- Expresses relevant views in discussion of issues
- Considers relevant resources, clarifying policies and practices with the appropriate professionals
- Considers risk factors relating to the child's situation, taking account of the child's views, race, language, culture, religion and any disability
- Assesses whether there is sufficient information to make a decision and, if not, identify what extra is required and from whom
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| 2 Take an active part in decision making |
Performance indicators:
- Makes reasoned decisions based on the relevant legislation and own assessment of situation and child's needs
- Articulates decision and reasons in clear and concise language the child and all participants can understand
- Demonstrates that reasons for the decision provide sufficient justification for compulsory intervention
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| Chairing members |
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| 3 Involve all members in deliberations and decision making |
Performance indicators:
- Summarises issues at appropriate points in the hearing
- Ensures there is full discussion and that the child, any relevant person and all participants have an opportunity to express their views and that they are considered
- Establishes a structured decision making process
- Ensures decisions are given in clear and concise language with robust and fully justified reasons, including any minority decision and reasons
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G Protecting Rights
To ensure that children's hearings are compliant with the European Convention on Human Rights, the United Nations Convention on the Rights of the Child and any other relevant legislation
Each member of the hearing
| 1 Understand the need to ensure the hearing is fair, transparent and proportionate |
Performance indicators:
- Is able to follow correct procedure throughout hearing
- Ensures at the outset that everyone is aware of their rights in the process
- Checks all participants have received all the relevant materials
- Gives equal opportunity to all participants to express views
- Demonstrates ability to ask difficult questions and deal with sensitive issues
- Ensures all decision making takes place in front of all parties
- Understands decisions should be proportionate and fully justified
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| 2 Understand the rights of everyone involved to have their views heard ** cf B 2 third bullet point |
Performance indicators:
- Invites contributions for consideration
- Recognises that the child and relevant persons have a right and obligation to attend unless formally dispensed with under the legal criteria
- Recognises that the child has the right not to express a view
- Considers different means of seeking the child's views, including making use of the "All about Me" documents and/or excluding certain people from part or parts of the hearing
- Understands the need to protect rights and enable participation where there is a lack of capacity to understand and participate
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| 3 Understand the responsibility not to Intervene without justification |
Performance indicators:
- Considers options including voluntary support
- Demonstrates awareness of potential impact of intervention on a child's and family's lives
- Shows awareness of a child's rights to family life under the relevant legislation and conventions
- Considers, where family life is being disrupted, when rights to continuing family links are appropriate
- Gives fully reasons and justified reasons
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| 4 Understand rights in the context of children's hearings |
Performance indicators:
- Is aware that hearings are child focussed
- Understands hearings should enable the participation of the child and relevant persons
- Shows awareness of diversity issues
- Demonstrates up to date knowledge of rights issues
- Is able to deal with a human rights issue should it arise during the hearing
- Shows that while recognising the rights of parents, these may be superseded by the primacy of the rights of the child
- Demonstrates ability to clearly explain rights at the end of the hearing
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