Children's hearings redesign - Grounds of referral: concept and language - Scottish Government consultations

Grounds of referral: concept and language

Hearings for Children recommended that: The drafting of grounds and the Statement of Facts should be reframed to take a rights-based approach to help families to better understand why grounds are being established and recognise themselves in the drafting. (See section 6.1 of the consultation document)

Related information Related information

Hearings for Children recommended at 5.1 that the “process of establishing grounds must change” and specifically:

“5.1.3 Grounds must be established in a separate process before a child and their family attend a Children’s Hearing. There must be no more Grounds Hearings.

“5.1.4 A more relational way of working to agree grounds and confirm the Statement of Facts should be encouraged, where the Reporter exercises professional judgement to determine when children and families might be able to discuss grounds.”

26. Do you consider the current scheme of stating the grounds of referral sufficiently promotes the understanding of children and families as to why they are in the children’s hearings system?

Yes No

Please explain your answer

27. Do you agree that there should be changes to the current approach to grounds of referral?

Yes No

Please explain your answer

28. Do you agree with the proposal to set grounds positively as a range of wellbeing-orientated entitlements, before clarifying how the child’s experience or conduct falls short of expectations - to the point that compulsory care is needed?

Yes No

Please explain your answer

29. If a new scheme of grounds based on unmet expectations around wellbeing indicators were to be introduced, are any safeguards needed (statutory or operational)?

Yes No

Please explain your answer