www.scra.gov.uk

1. Young people in the Hearing System – towards change, relevance and improvement Neil HunterPrincipal Reporter/Chief ExecutiveScottish Children's Reporter Administration www.scra.gov.uk

2. Getting it Right in the Hearing System • Clarity on a national referral criteria to the Reporter for compulsory measures • Taking advantage of the statutory plan and CSO’s • Refreshing the Reporters relationship to EEI – more consistency in working arrangements • Collectively working on inter-agency approaches

3. Whole Systems Approach – the 3 big issues for SCRA • Early and Effective interventions for low level offences, offering support and advice to young people in order to address need and change behaviour. • Retaining more young people on compulsory supervision orders through the children’s hearing system, where there is a need to do so. • Encouraging more cases to be dealt with through the children’s hearings system rather than adult court.

4. Criteria for Referral to Reporter – a reminder • Where local authority, constable, other person considers (a) that the child is in need of protection, guidance, treatment or control, and (b) that it might be necessary for a compulsory supervision order to be made in relation to the child then local authority and constable MUST - other person MAY - give all relevant information to the reporter.

5. Role of the Reporter in EEI/Whole System Approach – Experiences across Scotland • Significant involvement in developing WSA processes and approaches (the “setting up”). Obvious that different authorities at different stages in this development. • Clear that the reporter should have no role in decision-making around referrals being made. • Varying involvement in other discussions about young people already known to reporter. • Varying role for reporter in providing information to inform multi-agency discussion. • Reference to a range of issues around sustainability and the impact of the creation of Police Scotland and implementation of Management of Concerns structure • Children and Young People’s Act – sharing information. • Multi-agency Group being chaired by SCRA to look at the relationship between the Hearing System and GIRFEC – WSA issues will be central to this.

6. Information gathering, assessment and decision making • Bringing information to a single place • Ordering it and making sense of it • Informed decision making about need for compulsion to be considered • Utilising the arms length objectivity of the Reporter • Providing maximum information at the point of referral – streamlining subsequent investigatory processes

7. Criteria for Referral to Reporter – Referral trends • Consider referral rates for all ages to reporter for offending: That’s a reduction of 68%. • Referral rates for 16 and 17 year olds: That’s a reduction of only 20%

8. Purpose of Compulsory Supervision – retaining 16 and 17 year olds within the Hearing System

9. 16 and 17 year olds subject to compulsory measuresRegional variations – a selection

10. 16 and 17 year olds – cases remitted by the court References for Advice Remits for Disposal

11. Development of Criteria for Referral to SCRA in WSA cases Factors • Change in definition of “child” – s.199 of Children’s Hearings (Scotland) Act 2011 • Change to the Lord Advocate’s Guidelines: (i) Joint Reporting where s.199 applies, and (ii) No need for joint reporting of minor offences by 16/17 year olds on CSO • EEI Guidance – children on CSO, “rebuttable presumption” that referral made to reporter

12. Purpose of Compulsory Supervision – retaining 16 and 17 year olds within the Hearing System • Termination due to age/continued offending/lack of engagement. • ADSW (Social Work Scotland) Position Statement & Guidance for Panel Members • Signs that more 16 and 17 year olds remain within hearings system • There are regional variations

13. Summary • The Hearing system must be seen in the context of GIRFEC • We are not making sufficient progress everywhere on retaining 16/17 years olds in the Hearing System • We need to develop further clarity on referral and compulsory measures • The relevance and efficacy of our interventions requires constant review • We need to keep sharing our professional resources and expertise in the best, most effective way possible