NCJ Number
171749
Date Published
1996
Length
127 pages
Annotation
This book describes the history, philosophy, and practice of the Scottish children's panel system and provides recommendations for its reform.
Abstract
In a quarter of a century of its existence, the children's panel system has established itself as a unique feature of Scottish life. The children's panel in each local authority council area is composed of lay citizens appointed in recognition of their concern for, knowledge of, and interest in children. Panel members are selected from a cross-section of society and maintain a close relationship with the community. Three panel members sit on a children's hearing. The spirit of care must direct their deliberations to do what is in the best interests of the child. The panel members assess each case brought before them, using professional advice from such experts as social workers, mental health professionals, and educators. Panels operate under the recognition of the rights of children and parents. Finally, panel members insist that proper resources of care, principally in the community, are made available to assist the child. The local authority has a responsibility to implement any supervision requirement made by a children's hearing. The history of the children's panel cannot be told without reference to the Orkney and Fife Inquiries. The Orkney Inquiry report into the handling of child sexual abuse allegations and the Fife Inquiry report regarding child care policies were both presented to parliament on the same day, October 27, 1992. In 1993 the Court of Session ordered the retrial of child sexual abuse allegations in South Ayrshire. The verdict announced in February 1995 was to overturn what had previously been found. The experiences of Orkney, Fife, and South Ayrshire in some measure dented the credibility of the children's panel system. The Children (Scotland) Act 1995 attempted to address issues raised in the Orkney, Fife, and South Ayrshire, particularly regarding the rights of children. In so doing, some of its provisions may result in weakening the philosophy and practice of care within the working of the children's panel system. This book advocates a more radical reform, not only to recover what has been lost in the philosophy and practice of care, but to address the demand for a commitment to respect children's rights in Scotland in conformity with international standards. The upgrading of the children's hearing to a children's court with a children's judge sitting with two panel members is required. A children's court would more effectively recognize children's rights in Scotland in conformity with the U.N. Convention on the Rights of the Child 1989, for example, to insist on legal representation of children at children's hearings. Glossary, subject index, and a 33-item bibliography