Scotland鈥檚 Children鈥檚 Hearing System
Young people who are in need of help are supported by the Children鈥檚 Hearing System.
The children's hearings system in Scotland is unique. The system is different from juvenile justice systems elsewhere in the UK.
Under Scots law, children under the age of 12 are not held criminally responsible for their actions but can be referred to Children's Hearings Scotland for a variety of reasons. Under 16 years are only considered for prosecution in an adult court for the most serious offences. There were 22,341 Children鈥檚 Hearings held in 2022/23 according to Children鈥檚 Hearings Scotland.
Children's hearings are very different from court cases. They are held for a variety of reasons including when someone is worried about a child or young person's wellbeing, not just when a criminal act is suspected. Their most important role is deciding the best way forward for the child/young person, not whether anyone is guilty or someone should be punished.
The mood of the meeting is as informal as possible so that the young person feels comfortable and can share their thoughts and experiences.
The hearing will be held in the area where the child/young person lives. The child's parents are expected to attend too and can be fined if they do not. Another representative can also go along, including from the media, if it is felt that they have his or her best interests at heart. Under no circumstances can the child鈥檚 identity be disclosed.
Children's Hearings are held with a group of three panel members which must be a mix of males and females. Across Scotland, there are around 2,500 panel members. All are volunteers who have been carefully selected and highly trained.
If the panel thinks that a measure of supervision is necessary it will make a 鈥楽upervision Requirement鈥. This will allow the local authority social work department to support the child/young person at home and at school. It may also mean that it is best for the child to be taken from the family home to stay with foster parents or in a local authority or voluntary organisation care home.
By 2024, new legislation from the Scottish Parliament is expected to come into force which will raise the age of referral to the Children鈥檚 Hearing System to include all 16 and 17-year-olds.