Conduct of lawyers that represents an inquisitorial approach
The Children’s Hearings System should be inquisitorial, not adversarial. The conduct of lawyers must reflect this when they represent children and relevant persons .
Duty bearers: Law Society of Scotland | CHS | Scottish Legal Aid Board | SCTS | Scottish Government
Part of: Recommendations
The Children’s Hearings System should be inquisitorial, not adversarial.
The conduct of lawyers must reflect this when they represent children and relevant persons .
For this to happen, there must be:
Reviews around legal practitioners for children
There must be a review of the current Code of Practice which lawyers must keep to.
And there must be a review around the register of solicitors allowed to give legal help to children— which is maintained by the Scottish Legal Aid Board.
Mechanisms put in place to uphold standards
There must be mechanisms to:
- review practice, and
- make sure lawyers are held to the standard expected of them at Children’s Hearings.
Consideration around developing rights of audience
Rights of audience could be developed for Children's Hearings, and this should be considered.
With these in place, lawyers would have to demonstrate certain skills and attributes before they could appear at a Hearing on behalf of children and relevant people.