Enabling an inquisitorial approach
For a Children's Hearing to operate as an inquisitorial, non-adversarial tribunal, necessary changes must take place.
Duty bearers: Scottish Government | CHS | SCRA
Part of: Recommendations
A Children’s Hearing must explicitly operate as an inquisitorial, non-adversarial tribunal.
Its only objective must be to arrive at decisions that are in the best interests of the child.
To make this happen, necessary changes include:
Rules which allow this approach to be managed
The existing Rules governing a Children’s Hearing must be robust enough to make sure the Chair is able to manage both:
- the dynamics of an inquisitorial approach, and
- the conduct of an inquisitorial approach.
This includes determining who is present at each stage of a Children’s Hearing, while:
- effectively balancing rights of attendance and participation,
- having the flexibility to change the speaking order and arrangements, and
- having the authority to ask contributors to leave the room after they've spoken, if that is in the best interests of the child.
Changes to the decision-making model
The decision-making model must consist of someone in the professional role of Chair, accompanied by two Panel Members.
The Chair should be:
- salaried,
- consistent, and
- highly qualified.
And the Panel Members should be remunerated at a daily rate.
Consistency of Panel Members throughout a Children's Hearing
As far as possible, the Chair should be the same each time a child and their family attend a Children's Hearing.
This should also apply to Panel Members, where possible and desirable.