Children’s Hearing System

Children under 16 who have committed an offence (except serious offences) or are in need of care and protection can be referred to the children’s hearing system. The children’s hearing system, unique to Scotland, is based on the recommendations of the Kilbrandon Report, which found that children involved in the criminal justice system, either as offenders or in need of care, had common needs for both social and personal care. The system was introduced by the Social Work (Scotland) Act 1968 and replaced the courts as the principal system for dealing with young offenders and children in need of care in Scotland.

The children’s hearing system is a tribunal system, comprising three lay members of the children’s panel, one for each local authority. There are several grounds for referring a child to the Children’s Hearing System, including: being beyond the control of their parents or carers; at risk of moral danger; has been the victim of physical or sexual abuse; is likely to suffer serious harm through lack of care; is misusing alcohol, drugs or solvents; is failing to attend school; is subject to an antisocial behaviour order and the Sheriff requires the case to be referred to a children’s hearing system; or has committed an offence. Sources of referrals are usually the police or social work, but other agencies, such as education or health can also make a referral. It is also possible for any member of the public or even the child themselves to make a referral. In each case the child will be referred to the Reporter to the children’s panel, an independent official, who will make an initial investigation before deciding what, if any, action is necessary in the child’s interests.  

At present, there are three options available to the reporter:

  • decide that no further action is required;
  • refer the child to the local authority for informal and voluntary assistance;
  • decide that compulsory measures of supervision are necessary and arrange a children’s hearing.  

The hearing takes place in private and is a relatively informal affair. The hearing considers and makes decisions on the welfare of the child, taking into account their family, social and educational background, and any offending behaviour which the child may display. However, the hearing can only consider cases where the child and their parent/carer accept the grounds of the referral. If they do not, then the case is referred to the Sheriff court, which will decide on the legitimacy of the referral. If the Sheriff concludes that there are grounds for referral then another hearing will take place.

If the hearing decides that compulsory measures of care are necessary, it will impose a supervision requirement, which may be reviewed annually until the child reaches 18. In most cases the child will continue to live at home, but will be subject to supervision by a social worker. In some cases the hearing may decide that the child should live away from home with either a relative, foster parents, or in a secure accommodation or residential school. The child, or their parents/carer, may appeal to a Sheriff against the decision of the hearing.

Since the introduction of the Antisocial Behaviour etc. (Scotland) Act 2004, children’s hearings also have the power to restrict the movements of a child, by the use of an electronic ‘tag’, which restricts the child to, or away from, a particular place. However, this tag must be accompanied by a package of intensive measures to help the child change their behaviour.   

The Children’s Hearings website contains extensive information about the system, including publications, links and useful contacts.    

The Centre produced a paper on the Children’s Hearing System in 2004, copies of which can be viewed here.

The Centre also holds a small number of books on the children's hearing system, details of which can be found here.