The role of "children's hearings" in child abuse and neglect

The juvenile justice system established in Scotland in 1971, in which lay volunteers play a central part, provides a framework for making decisions about children in need of care and protection as well as those who have committed delinquent acts. Although cases of child abuse and neglect have come increasingly to the attention of children's hearings in recent years, they nevertheless constitute a small fraction of a workload dominated by cases of delinquency and truancy. A recent Scotland-wide study of the hearings system therefore gave only limited attention to the processing of abuse and neglect referrals. As a step towards rectifying this imbalance, a separate enquiry was carried out in 1981, when 43 such hearings were systematically observed and the participating panel members interviewed. Examination of these results indicates a heavy dependence on social workers' recommendations, a reluctance to open up sensitive areas for discussion, even though these may be of central importance, and an apparent lack of curiosity about the arrangements made for children removed from their homes, and the implications of these. In general, it is concluded that the anxiety generated by child abuse and neglect has prevented panel members from recognizing the distinctive features of their role in the decision-making process and has led them to fall back on an inappropriate model of practice derived from delinquency hearings. An alternative model is outlined.