The children’s hearings system is familiar to the young people mentored by intandem and their families. When the Scottish Government invited views on the proposed redesign of Scotland’s children’s hearings system, we felt it was essential to share their voices. Like mentoring, we found that redesigning the system to prioritise trusted relationships was essential to its success.
As Scotland’s mentoring programme for children and young people with experience of care, we are in a unique position to gather insights from those with lived experience. In response to this consultation, we held in-depth interviews with a range of people with lived experience of the children’s hearings system including children, young adults, kinship carers and staff from of intandem partner organisations working directly with young people and families. We also sought the expertise of the Inspiring Scotland Perinatal and Infant Mental Health team.
The consultation was substantial, so our response focused on those questions where our children and families consulted had views to share.
Key insights – a clear need for change
Hearing the accounts of young people and adults with lived experience of the children’s hearings system was deeply unsettling. They described experiences that varied from tense and uncomfortable to profoundly traumatic, highlighting the emotional and psychological toll the system can take on those involved.
One young adult shared “it’s traumatic, it can get heated, and they are talking about you. They were horrible, I hated them. Seeing people in a room, speaking about your personal stuff, it’s horrible. You think the worst is going to happen. A child shouldn’t have to go.”
Currently, a child is required to attend their hearing, although this doesn’t always happen due to differences in locality and flexibility since Covid. Professionals working with young people shared experiences of young people able to cope with attending a hearing, but others where it affected them significantly. The redesign of the hearing system offers a real opportunity to consider the individual needs of the child.
Young people shared their fear of strangers on the panel making fundamental decisions about their life, of parents manipulating what they said in hearings, and the overall anxiety of the process.
Key insights – an opportunity for significant change
Those consulted felt passionately about the need for a redesigned children’s hearing system starting with removing the obligation for a young person to attend.
If a child chooses not to attend their hearing it’s essential there are ways for a child’s participation, and their rights, to be supported. A kinship carer commented “their participation could be through play therapy, a mentor, counsellor, advocacy worker or safeguarder. The most important thing is it’s done in a child-friendly environment.”
A consistent theme throughout the feedback was the need for someone working with the child who holds a trusted relationship, someone who can build a strong relationship and help them explore their true thoughts and opinions. A young adult highlighted “speaking to someone you trust is key, not just someone who appears to speak to you for the purpose of the panel meeting, it’s not nice.” This was further reinforced by a young person who commented, “I don’t like speaking to random people, I wouldn’t tell the whole story.”
Those consulted made several suggestions to ensure the rights and views of children and young people are better represented in the children’s hearings decision making. These included:
- more advocacy workers appointed, and more time provided to ensure advocacy workers can build the necessary relationship and trust with the young person,
- opportunities for children and young people to speak with a smaller number of adults in a less formal setting before each hearing, and
- the opportunity for a young person to join by video link to minimise disruption to their education, reduce stigma, and minimise the potential trauma of the panel meeting.
Everyone consulted felt that continuity of a chairing member should be the default position for each child’s hearing. Young people and young adults felt continuity was important to make the situation less intimidating overall and lessen the sense that strangers have the power to make decisions about their life.
For adults, continuity of panel members was seen as a positive step and an opportunity to ensure things discussed in panel meetings were followed through. A kinship carer commented “sometimes it feels like promises are made in panel meetings, but nothing happens because people are different the next time. If there was continuity, there would be more accountability to make things happen.”
The majority of those consulted agreed that children’s hearings should be routinely recorded. There was a sense that the minutes currently taken don’t always reflect what a young person or family think has been agreed and this creates a sense of frustration and mistrust of the system. Recording was seen as a way to check and correct any discrepancies.
The introduction of child-friendly summaries of children’s hearings decisions was unanimously seen as a positive step.
Conclusion
Redesigning the children’s hearing system is both necessary and an opportunity to better meet each child’s individual needs. Central to this redesign is removing the obligation for children to attend hearings and prioritising the importance of relationships. Whether it’s offering advocacy that allows sufficient time to build a trusted relationship, enabling young people to feel comfortable sharing their true feelings, or ensuring consistency of panel members, relationships are essential to the redesign.
Read the full report here.