Keeping The Promise

Minister responds to major report on redesigning the children’s hearings system

Minister for Keeping the Promise Natalie Don has welcomed a landmark independent report that sets out more than 100 recommendations for transforming Scotland’s unique children’s hearings system.

‘Hearings for Children’ has been developed following a 20-month review of the children’s hearings system, and how it can be reformed to better support children needing care and protection.

The work has been led by Sheriff David Mackie, the Promise Scotland and the Hearings System Working Group (HSWG) and follows on from the publication of the Independent Care Review (The Promise), which recommended a review and redesign of the children’s hearings system.

The Scottish Government will now take the time necessary to carefully consider the proposals contained within the report before responding later in the year.

Speaking at the launch of the report, Minister for Keeping the Promise Natalie Don said: “The Children’s Hearings System is unique to Scotland and for over 50 years, the dedication and commitment of those working within it has been outstanding.

“However, the Promise is clear that the system needs to change, as children’s experiences in the system haven’t always reflected that investment of care and skill.

“I am very grateful to Sheriff Mackie, the Promise Scotland and the wider Hearings System Working Group for this crucial report. It has clearly been developed with care and we must apply the same levels of care and diligence when considering our response.

“The Scottish Government will now move forward with a programme of transformational change founded on this report. We’ll reflect on the legal, financial and workforce implications of these proposals before responding more fully later in the year. We will work closely with all partners, including those in the responsible agencies such as COSLA and Social Work Scotland to deliver wholesale positive change.

“Where early positive change is possible, I am clear that should happen quickly. The changes that need new law or new structures will take time, but I want to assure children, families and those that work in the system that there will be opportunities to contribute, and to shape future reforms. Children, young people and the care-experienced community – along with volunteers and professionals – want to see this work yielding positive, sustainable change. I am determined that we will deliver that for them.”

Holyrood committee seeks views on proposed changes to young people’s criminal justice system

Changes to the care of children and the involvement of children in the criminal justice system are to come under scrutiny at the Scottish Parliament.

The Education, Children and Young People Committee will consider the proposals laid out in the Children (Care and Justice) (Scotland) Bill and would like to hear the views of people from across Scotland.

The Bill changes how the justice system approaches offences committed by people under the age of 18. This will include allowing most 16- and 17-year-olds to attend a Children’s Hearing, rather than a court.

Changes would also be made to regulations around accommodations for young people. Under the proposals 16- and 17-year-olds, accused of or guilty of offences would not be held in Young Offenders Institutions or prisons, but instead would be sent to secure accommodation. The Bill would also change how care services providing residential accommodation to children are regulated.

The Committee is opening a call for views so it can hear the views of organisations supporting young people in conflict with the law, young people and parents. The Committee is also very interested in hearing the views of legal professionals, secure accommodation providers and victims of crime.

Following the end of the consultation the Committee plans to hold a series of evidence sessions to discuss the Bill, before reporting its findings to the Parliament later in the year.

Sue Webber, Convener of the Education, Children and Young People Committee said: “The Bill we will be scrutinising will allow all 16- and 17-year-olds to access the Children’s Hearings System for the first time.

“This aims to safeguard those at risk of harm and change how the justice system deals with young people who have committed offences. It also introduces a range of further measures designed to improve the way that children are treated, including ensuring no young person under the age of 18 will be sent to a Young Offenders’ Institution or prison.

“We want to get a thorough understanding of how the proposals in the Bill might impact on people across Scotland, including young people themselves, children’s support organisations and youth justice bodies.

“Please share your views on these proposals with our Committee before the 17 March 2023 deadline.”