Children’s Hearings are special meetings to help keep children safe and supported. They are not the same as the courts, but they are part of the legal process. Here are the main rights you and your child have if you are involved in a hearing:
Rights of the Child
- To be listened to: Your child has the right to give their views. This can be by speaking, writing, drawing, or with the help of an advocate.
- To have support: A child can bring a solicitor or an advocacy worker to the hearing.
- To ask for a review: If a Compulsory Supervision Order is made, children aged 12 and over (or younger if they understand) can ask for it to be reviewed after 3 months.
- To appeal: A child can appeal a decision from the hearing to the Sheriff Court.
- To privacy: Hearings are private. Only people with a role in the case can attend.
Rights of Parents and Carers
- To attend: Parents and carers (called “relevant persons”) have the right to be present at the hearing.
- To be heard: You can tell the panel your views and respond to any reports about your child.
- To bring a solicitor: You can have legal representation at the hearing.
- To appeal: You can challenge the decision of the panel by appealing to the Sheriff Court.
- To ask for a review: Like your child, you can also request a review of an order after 3 months.
Safeguards and Support
- Safeguarders: Sometimes, the panel or Sheriff may appoint a safeguarder. This is an independent person who helps make sure the child’s best interests are properly considered.
- Advocacy: Children can get free advocacy support to help them say what they want at the hearing.
The Main Principle
The most important rule in the system is this:
the welfare of the child is always the first priority. The child’s views must also be taken into account, depending on their age and understanding.
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