Young people in the Hearing System – towards change, relevance and improvement Neil Hunter Principal Reporter/Chief Executive Scottish Children's Reporter Administration www.scra.gov.uk

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

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.

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.

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.

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

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%  YEAR 08/09 09/10 10/11 11/12 12/13 Offence Referrals 25004 21373 16444 11690 8082 16 1013 1176 894 631 793 17 176 238 162 161 156

Purpose of Compulsory Supervision – retaining 16 and 17 year olds within the Hearing System   08/09 09/10 10/11 11/12 12/13 13/14 All Children 13503 13808 13448 13067 12460 11428 Children aged 16,17 976 1011 889 850 934 911 % 16,17 7.2% 7.3% 6.6% 6.5% 7.5% 8.0%

16 and 17 year olds subject to compulsory measures Regional variations – a selection % 16,17 08/09 09/10 10/11 11/12 12/13 13/14 Aberdeen City 4.7% 5.3% 6.4% 7.7% 7.8% Dumfries & Galloway 7.9% 10.9% 11.4% 10.0% 13.8% 10.4% Dundee 5.6% 4.1% 3.4% 3.3% 4.5% 5.5% East Dunbartonshire 11.9% 15.0% 14.2% 8.8% 3.7% East Lothian 2.6% 4.3% 12.6% City of Edinburgh 7.4% 5.1% 4.9% 6.3% 8.4% 8.3% Glasgow 9.2% 9.4% 8.1% 9.0% 9.5 Highland 8.6% 7.3% 7.2% 11.2% Perth & Kinross 2.1% 3.5% 1.3% 5.2%   2.0% Scottish Borders 8.5% 6.0% 6.5% 12.4% 13.6% Random selection of some loc auth areas, biggest shifts and the biggest cities.

16 and 17 year olds – cases remitted by the court References for Advice Remits for Disposal 16,17 yr olds 08/09 09/10 10/11 11/12 12/13 Sum: 353 324 332 278 231 16,17 yr olds 08/09 09/10 10/11 11/12 12/13 Sum: 183 165 151 122

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

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

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