Child Protection Procedures - East Ayrshire Council

for formal intervention in this particular child’s life, i.e. a need for
compulsory supervision.
2.16.6 To assist the Children’s Reporter in reaching a decision, he or she
will seek information about the child from various agencies and will
request reports from the Social Work Department, School or Nursery,
Educational Psychologist, Police and Health Services, depending on
the nature of the referral.
2.16.7 Following completion of the investigation the Children’s Reporter can
decide:-
• not to arrange a Hearing and to do nothing further; or
• to refer the case to the Local Authority for advice, guidance
and assistance to the child and family on a voluntary basis; or
• to refer the case to a Children’s Hearing to consider the need
for compulsory measure of supervision.
2.16.8 The Children’s Reporter has wide investigative powers and wide
discretion as to decision-making. No one can appeal against the
Children’s Reporter’s decision on whether or not to refer a child to a
Children’s Hearing (Tribunal). A Children’s Hearing consists of three
Panel members, one of whom acts as Chairperson. They are
recruited from the local community and undertake specialist training
before being appointed by the Secretary of State.
2.16.9 Where the Children’s Reporter decides to refer a case to a Hearing,
he or she will draw up grounds for referral, i.e. the legal reasons why
a child is to attend a Hearing and the facts which support these
reasons.
2.16.10 If the grounds of referral are denied by the child and/or parents or
relevant person, or not understood by the child, the Hearing may
refer the case to the Sheriff Court to be proved. The Children’s
Reporter would then conduct the case in Court by calling witnesses
and presenting evidence. The child and/or parents would normally
be represented by a Solicitor.
2.16.11 It is important to remember that the main task of the Children’s
Reporter in Court is to protect the child. The main task of the
Procurator Fiscal in the criminal court is to prosecute the alleged
offender. The standard of proof for the Children’s Reporter in child
protection cases is the balance of probability, whereas in criminal
prosecutions the standard of proof for the Procurator Fiscal is beyond
reasonable doubt. There is no need for corroboration is required and
hearsay is admissible only in special circumstances.
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