Children's hearings system changes could be 'worse' for child victims

Victim Support Scotland's call has been backed by parents, including one mother who said the lack of support for her child after he was sexually assaulted by an older child was "horrific".

The change in age in new plans under the Children’s (Care and Justice) (Scotland) Bill will widen the cohort of young people who are referred to the Children's Hearings System.

Its purpose is to keep more teenagers out of Young Offenders Institutions and see them supported in secure accommodation for longer.

Rather than appear in the court system, young people would be referred to the Scottish Children's Reporters Association and be assisted through the Children's Hearings System, Scotland's unique volunteer system that makes legal decisions for children and young people.

Victim Support Scotland’s chief executive, Kate Wallace, said it is vital that victims’ voices are included in the change in legislation.

She said: “Ahead of Stage 2 of the Children (Care and Justice) Bill, Victim Support Scotland remain deeply concerned that the Bill fails to balance the rights of children who cause harm with those who have been harmed.

“Article 39 of the UNCRC states that all children have a right to physical and psychological recovery.

"The Victim’s Code has been enshrined in legislation since 2014 which entitled all victims of crime to support and information – this was legislation passed by the SNP government.

"This Bill, as it stands, fails to uphold rights under Victim’s Code and Right to Recovery for children harmed by other children under the UNCRC.

"This causes potential issues for incorporation of UNCRC into legislation.

"At the moment this Bill does not address the challenges that already exist, and our concern is that it is going to make those worse as it will apply to a wider group of children, and that will have an impact on more victims."

A spokesperson for Children's Hearings Scotland said the system's primary consideration is always the best interests of the child.

A Scottish Government spokesperson said that "taking action to improve the experiences of child victims and their families is a key priority" of the bill.

Currently, many victims do not receive information about their case which affects their ability to safety plan.

Victim Support Scotland said it believes victims should have the same level of support and information no matter how the system decides to deal with the perpetrator/person causing harm.

Earlier this year a radical shake-up of the children's hearings system was recommended to the Scottish Government in a report from a working group led by Sheriff David Mackie.

READ MORE: There are many unanswered questions over children's panel reform

Its overarching aim is to reduce the risk of reoffending by trying to keep young people out of the adult justice system where possible.

A mother who was supported by Victim Support Scotland has said the lack of support for her child after he was sexually assaulted by an older child was ‘horrific’.

The case was referred to the Children’s Hearing System, but because the offender was entitled to privacy, the family received scant information about how the case was progressing.

She said: "I was always chasing information, when we should have been the main focus.

"My son didn't go to school until I got him into another school after about three months.

"He didn't get to see his friends. He didn't get to play football. He didn't get to go outside. It was just awful. It should never have been like that."

"I've always said that if this was adults, this would not be happening," she added. "There would be so much more restrictions put in place on the perpetrator."

Two Scottish Parliament committees, the Criminal Justice Committee and the Education and Young People Committee, reflected on the issues raised in their stage one reports.

VSS is now calling for changes to be made to the Bill, including appropriate information sharing to keep victims up to date, manage risk and help victims safety plan through Single Point of Contact service.

The charity also wants the same support in place, especially in cases of domestic abuse, as it would be were the perpetrator to be dealt with through the adult system, and adequate governance and monitoring of Compulsory Supervision Orders (CSOs) and Movement Restriction Orders (MRCs).

READ MORE: We must not remove the volunteer element of children's hearings

A spokesperson for Children’s Hearings Scotland said: “Children’s Hearings Scotland’s primary consideration is always the best interests of the child, whether that is a child who has been harmed or one who has harmed others.

"We also recognise and respect the rights of those for whom harm may have been caused through the actions of a child or young person.

"We will continue to work closely with the Scottish Government, our partners and our stakeholders to get the balance right on these complex and difficult issues as the Bill progresses through Parliament."

A Scottish Government spokesperson added: "Ministers are working with a range of stakeholders, including Victims Support Scotland, on measures to improve victim support and information sharing arrangements ahead of Stage 2 of the Bill.

“This Bill aims to end the placement of under 18s in Young Offenders Institutions (YOI), with secure accommodation being the normal place of detention instead.

"The decision on whether to detain a child remains with the independent judiciary.

"On turning 18, young people who have a significant part of their sentence still to serve will be transferred to prison.

"The decision on whether or not to bring criminal proceedings will continue to be made by independent prosecutors under the guidance of the Lord Advocate, who is constitutionally independent from government.”