Before April 1971, any child under the age of 16 who committed a criminal offence was given a trial before a Juvenile Court. The introduction of the Social Work (Scotland) Act 1968 determined that the majority of children who committed offences under the age of 16, were more in need of care and protection or social and personal care rather than punishment. Lord Kilbrandon then lead and introduced the Hearing system, to deal with these children. The Hearing system combined the characteristics of a criminal court and those of a treatment agency.
The Children's Panel is a group of specially selected volunteers who make the decisions about children who have been referred to Children's Hearings.
A Hearing is a type of meeting that takes placed to decide what needs to be done in the best interest of the child.
The majority of Panel Hearings take place within the child's home area, with the child, the child's parents, their Social Worker, the Reporter to the Panel and 3 Panel members being present. An informal approach is promoted in most Hearing rooms, premises and furniture permitting and most meetings take pace around a table or coffee table. This is done to ensure that the child and the parents feel part of the proceedings.
Panel members and the family are given background reports up to 7 days in advance of the Hearing. These reports come from different agencies and have to be carefully considered when the Hearing takes place, with the contents being discussed informally and thoroughly with the child and those other persons present. The Panel members then have to make a decision, before the child and family leave, as to the most appropriate action to be taken, in the best interests of the child. Each Hearing can last anything up to an hour.
If a decision is taken concerning the child's future and either the child or his/her parents do not agree with that decision, then they have the right to appeal to the Sheriff about that decision.
The Reporter to the Children's Panel is primarily responsible for recommending that a child attend a Hearing. The majority of referrals to the Reporter come from the Police or the Social Work Service. However, anyone who has a concern about a child, e.g. teacher, health visitor, member of the public, may approach the Reporter. Any child, from new-born to 16 years of age, may be referred to the Reporter and may attend a Hearing.
Children's Panel members are people between the ages of 18 and 65 (potential Panel members must be 59 or under when appointed) and are volunteers who come from a wide cross-section of the public. People from all occupations and income groups are chosen to serve on Children's Panels. Anyone who has an interest in the welfare of children and would be willing to devote time to helping and protecting the best interests of child is welcome to apply to the Children's Panel. Certain people cannot become Panel members, such as Police, Social Workers and Justices of the Peace since their involvement in a case may be considered prejudicial.
The recruitment drive for new members takes place in the autumn and advertisements are placed in local and national newspapers, libraries and community centres and are usually backed up with a television recruitment campaign.
The Children's Panel Advisory Committee then select potential Panel members through an information evening, a selection meeting and informal interview, and then a whole day workshop. The final appointment decision is taken by the Scottish Minister.
If you are selected as a Panel member, you will attend a comprehensive initial training programme in preparation to attend Hearings. As you servce on the Panel, you will attend further training and meetings to ensure that you are kept fully trained in order to participate in Hearings.
After your initial training, you would usually be expected to attend two Children's Panel Hearings per month. In addition to attending the Hearings, you would need to prepare by reading the background reports before a Hearing. You will also need to undertake some in-service training to keep up to date with any changes in legislation and child care practices.
You may also need to visit children's homes. It is difficult to quantify the exact time you will need to set aside, as it may vary every month.
Panel members are not paid for their work, but can claim any travelling, subsistence and loss of earnings incurred.