Children's Hearings
The Reporter to the Children's Panel may be asked by various bodies, for example the local Social Work Department or the Procurator Fiscal, to refer cases to the Panel for its consideration. It is wrong to look upon the Panel as a Court as its intention is to provide a forum away from the traditional Court setting for issues involving children to be considered. At the heart of the system is the concept that the Panel should try to do what is in the best interests of the child.

Nevertheless there is no doubt that a parent who receives referral papers in respect of a child may be worried by the prospect of appearing at a Children's Hearing. Solicitors in McCash & Hunter have knowledge and expertise in relation to Children's Hearings and, they will be able to advise you of what to expect at the Hearing, to advise you on the options open to the Panel and to provide you with advice on rights of appeal.

There are many reasons why a child may be referred to the Panel for a Hearing. For example, it may be that the child is considered beyond the control of his parent or is falling into bad company. It may be that the child has committed a criminal offence and is being referred to the Panel instead of the local Sheriff Court. A child may have failed to attend school without reasonable excuse or may have misused drugs. In each case, where the Reporter makes a referral to the Panel, the grounds of referral will be outlined in the paperwork that refers to the case.

It may be that the grounds of referral are not accepted by a parent or the child. If this is so then the Panel can not consider the case any further. In such circumstances the case requires to be sent to the local Sheriff where a Hearing will take place. The Hearing is in private and is more relaxed than other business in the Court. However, it is still advisable to seek legal advice from a Solicitor. It may be that you would qualify for legal aid so that you can be represented by the Solicitor. If the Sheriff does not find the grounds of referral proved then the case is dismissed. Where the Sheriff considers that the grounds for referral are established then the case will be sent back to the Panel to be considered further.

When the Children's Panel have decided the case it can then consider a number of disposals. The Hearing itself may simply decide to discharge the case and take no further action. On the other hand it may be decided that measures are required to protect the child and some form of supervision may be imposed. This may mean that a child is taken into care or he may still reside at home but special conditions may be imposed in connection with that.

If you feel that a disposal of the Children's Panel is unfair or inappropriate then you should again consult a Solicitor. In all cases you have a right of appeal and McCash & Hunter can advise you as to how to proceed in connection with that.
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