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I refer the Member to the answer to question S6W-26002 on 18 March 2024, which provides an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act). All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: https://www.parliament.scot/chamber-and-committees/questions-and-answers .

This answer refers to a submission to the Citizen Participation and Public Petitions Committee in relation to Petition PE1968 outlining our position on implementation of the 2020 Act and the commencement status of provisions.

The Cabinet Secretary for Justice & Home Affairs also provided the Criminal Justice Committee with an update on implementation of previously passed legislation, including the 2020 Act, in the context of the Victims, Witnesses, and Justice Reform (Scotland) Bill: Letter from the Cabinet Secretary for Justice and Home Affairs .

As a public body CHS are required by law to operate in line with the SPSO requirements, and all complainants must have recourse to the SPSO as the final stage for complaints. The SPSO has statutory powers to investigate complaints, the National Convener is independent of Government in the exercise of his children’s panel appointment and tenure functions. The Scottish Government has no locus.

None of the concerns or grievances raised by this group in respect of their own experiences within the children's hearings system justify a wider review of the well-established and highly-regarded multidisciplinary children's hearings system. More broadly, and working with system partners and with people bringing lived experience of children’s care and justice, the Scottish Government is currently engaged in redesigning the children’s hearings system. This work follows publication of the independent ‘Hearings for Children’ report in May 2023. The Scottish Government published its own response to those recommendations in December. A redesign board was established in January to progress non-legislative improvements to the system. For those improvements that require new legislation, a full public consultation on proposed reforms will take place in summer 2024.

I refer the member to the answer to question S6W-27466 on 21 May 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The position described is entirely a matter for the CHS Chair. The Scottish Government is aware that the Chair of Children’s Hearings Scotland has been pleased to meet with other Members. The Member may wish to meet the Chair to seek further reassurance that these matters have been fully and appropriately addressed.

As a public body, Children’s Hearings Scotland (CHS) is required to operate its complaints policy in line with the Scottish Public Service Ombudsman (SPSO) model complaints handling procedure. This includes recourse to the SPSO as the final stage for complaints.

Ministers and Scottish Government officials have clearly and comprehensively explained the Scottish Government’s position in relation to these matters to the former panel members and their representatives on numerous occasions dating back several years. A summary of the provided information follows:

- The Children’s Hearings (S) Act 2011 provides that the terms and conditions of children’s panel membership are for the National Convener of Children’s Hearings Scotland (CHS). The National Convener’s independence in discharging his functions are set out in the same statute. Scottish Ministers and Scottish Government officials have no role in decisions regarding recruitment, tenure or training of panel members and any departure from that would not be appropriate.

- The National Convener reports to the Board of CHS on the performance of his duties. Any complaints about the National Convener, members of staff within CHS, or CHS policies and procedures, should be directed to the CHS Board.

- The Scottish Public Services Ombudsman has confirmed that the CHS complaints procedure is compliant with their standards. CHS has satisfied itself regarding the suitability of its complaints procedure, including taking external advice. No concerns therefore arise for Scottish Ministers or Scottish Government officials.

The Scottish Government has exhaustively explained the position and has confirmed that there is no appropriate locus for Ministers or officials in these matters, so it would not be appropriate to meet the group.

The Public Interest Disclosure Act 1998 offers legal protections to workers. Workers are defined in the Act where they have a contract or other arrangement to do work or services personally for a reward; their reward is for money or a benefit in kind, for example the promise of a contract or future work; they only have a limited right to send someone else to do the work (subcontract); their employer has to have work for them to do as long as the contract or arrangement lasts; they are not doing the work as part of their own limited company in an arrangement where the ‘employer’ is a customer or client.

Panel members within Scotland’s children’s hearings system are volunteers. The inclusion of volunteers within the Act is a matter for the UK government. By virtue of Schedule 2 Children's Hearings (Scotland) Act 2011 the Panel members are appointed by the National Convener rather than Scottish Ministers.

Ministers and Scottish Government officials have clearly and comprehensively explained the Scottish Government’s position in relation to the matters raised by the group of former panel members and their representatives on numerous occasions dating back several years.

Scottish Ministers are satisfied that there are appropriate safeguards and procedures in place for any panel member to raise a concern or complaint via the Children’s Hearing Scotland (CHS) complaints procedure, with appropriate recourse to appeal to the Scottish Public Services Ombudsman. As such, Scottish Ministers do not feel it is appropriate to raise this subject with the UK Government

These questions are within the statutory domain of the National Convener. The detailed arrangements are operated by Children’s Hearings Scotland in terms of their published complaints policy. Scottish Ministers have no locus, and it is open to the Member to raise these matters with the body directly.

I met with the Chair and Chief Executive/National Convener of Children’s Hearings Scotland (CHS) on March 21, 2024 and discussed a range of issues relating to the operation of the tribunal element of the children’s hearings system, including matters related to the functions of the National Convener namely children’s panel capacity and CHS plans for the retention, recruitment and training of children’s panel volunteers.