National guidance for child protection in Scotland - Scottish ...

Chapter 9 Advice on Court Proceedings
This section:
Provides information on the Children’s Hearings system.
Gives advice on citations for court.
Gives advice on precognition statements.
The Children’s Hearing System
The Children’s Hearing system deals with children who have committed offences
or have had offences committed against them or who may be in need of care for
other reasons. The Children’s Hearing system considers if these children are in
need of compulsory measures of supervision.
At various times healthcare staff may be professionally involved in the Children’s
Hearing system. It is important that healthcare staff are able to fully participate in
the Children’s Hearing system. They must be confident regarding their
responsibilities when such involvement occurs. Healthcare staff should attend
hearings, court and all other activities associated with the Children’s Hearing
system. If healthcare staff are not clear about their role they should discuss with
their line manger or Child Protection team.
The Children’s Hearing panel which sits to consider a child’s case consists of
three panel members. The panel members having received reports prior to the
Hearing and, having taken account of the information given to them at the
Hearing, will decide if the child is in need of compulsory measures of supervision
and if so what form these measures should take. Present at the Hearing will
usually be the child, relevant persons, the Children’s Reporter and professionals
involved with the child and family. The child and/or family’s legal representative
may be present also. The Chair of the Hearing has a duty to ensure that the
people present have a legitimate right to be there. While keeping to a strict legal
framework the Hearing endeavours to make the proceedings informal.
When a member of healthcare staff receives a request from the Children’s Reporter
for a report this must be provided and delivered to the Children’s Reporter within the
time specified as per local guidance.
Citations for Court
On receipt of a witness citation regarding child protection, healthcare staff should
immediately inform their line manager. Failure to attend court when cited is a
criminal offence and an arrest warrant can be issued for such a failure. If a
member of healthcare staff cannot attend they must immediately inform the
person who has cited them, this information will be contained in the citation.
There are certain circumstances where non-attendance will be accepted, for
example, if the person cited is abroad on annual leave or unable to attend due to
ill health. However, the person who issued the citation must be informed. Staff
who receive citations should always inform the Lead Clinician or child protection
adviser in their area. The Lead Clinician or child protection adviser will offer the
member of staff advice, guidance and support as required. Citations could be
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