« Previous | Contents | Next »
Listen
Chapter Four: What are Children and Young People's Experiences of Participating in Children's Hearings?
4.1 In this section we will seek to shed light on children and young people's experiences from a different perspective by focusing on different stages of the Hearings process and on the role of panel members. In doing so we will begin to identify the various factors which either help or inhibit the participation of children and young people in Children's Hearings.
Before the Hearing
4.2 A key inhibitor to participation was the nervousness or anxiety that children and young people felt prior to a Hearing. Whilst this was in part because they were unclear what would be happening at the Hearing, anxiety or suspicion about the potential outcome of the Hearing was also identified as a key issue.
'Because you don't know what's going to happen (you) get nervous, sort of thing, because you don't know what's going to happen to you, so you're wondering what is going to happen.' Neil, aged 14
4.3 Nervousness commonly related to where the child or young person was living and possible changes to those arrangements. If they were living at home, they feared being 'taken away' or separated from their parents. As Brian, aged 14, explained:
'They could click their fingers and that would be me away.' Brian, aged 14
James, aged 14, said that prior to his first Hearing he had been anxious that he would be taken away from his mother, because she had said to him that this was a possible outcome. He went on to explain that he felt that Hearings were different from other meetings that he attended, because the panel members were there to 'make a decision' about him.
4.4 For those already in a residential setting, such as Craig, aged 11, they may be frightened in case they were moved to a different school:
'[It's] worrying to see what they're saying, to see if they're going to tell you to move to a different school.' Craig, aged 11
4.5 Children and young people displayed varied levels of understanding, and indeed acceptance, of the grounds of referral to a Hearing. Those whom were older, for example those in the 14-18 age range, described the circumstances which had led to a referral. For example, young men referred to offending behaviour, whilst young women referred to failing to attend school. Younger children, particularly those in the 5-7 age range, were less clear although they might associate going to a Hearing as being related to something their parents had done or not done. For example, Kate, aged 5, referred to her mother's drinking, whilst Ross, aged 5, mentioned his mother arguing with his father.
4.6 Children and young people also questioned whether Hearings should determine what they could do and who they should be living with. For example, Claire, aged 14, had been told by her social worker that she would have to go to a Hearing because she had moved back in with her father who had alcohol and drug problems, having previously been staying with her mother. She reluctantly accepted that attending another Hearing would be necessary but said that she should be able to choose where she lived:
'Yes, [going to another Hearing is] alright but it should be my decision who I stay with.' Claire, aged 14
4.7 Children and young people aged 12 years old and above generally acknowledged that they had received their own papers prior to a Hearing. However, they offered different views about the extent to which this helped them to participate. Some such as Stacy and Kirsten, both aged 15, indicated that they had read the papers and that this was useful and had helped them to prepare for their Hearings.
'I think [getting the papers] is important because then I knew like what was going on and what was getting said and that.' Stacy, aged 15
'And then you'd know sort of what was happening and a' that and I could sort of I could prepare something like to say. Like if they said well why didn't you do that or why did you do this whatever, then I could say well I didn't really know that but yeah, I'd rather read [the papers] first.' Kirsten, aged 15
4.8 Other children and young people, over 12, acknowledged that they had received papers, but said they hadn't really read them. However, even those who had not read them generally felt that it was important that they were sent them. Others, such as John, aged 15, were less bothered and explained that their parents would have shown them the papers anyway. For Darren, aged 16, the whole experience of attending Hearings was one he simply didn't like and he just put the papers in the bin.
'I just don't like going to panels. There's no reason for it, I just don't like it. I don't like anything. I don't like, I don't like them. I don't like going to those things.' Darren, aged 16
4.9 Amongst those who had received them and read papers, most said they had understood them, though this was not always the case. Colin, aged 15, explained that he had needed help to read them:
'Well I read some bits [of the papers] and I guess other bits I can't understand.' Colin, Aged 15
4.10 The awareness of children under 12 about papers and the extent to which they had read them or the contents had been explained to them varied. Craig, aged 11, said that he had seen papers but not read them. Bart, aged 10, said that he had seen papers, but that he couldn't read them himself:
'Cos well, like you get wee bits of paper for us to read them but I can't read them cos they're too wee.' Bart, aged 10
4.11 Children and young people referred to discussions with a range of adults prior to Hearings. Commonly these discussions were with social workers and took place either a few days before the Hearing or on the day itself. Key workers and parents also talked to children and young people prior to Hearings. Although such discussions were not necessarily detailed, they were seen as helpful because they enabled children and young people to understand what would be happening. Having some prior knowledge was seen as useful because it helped to reduce nerves. For Freddie, aged 15, it was important to get as much information as possible before the Hearing, because it meant she was in a position to ask questions when she was there.
4.12 Others, however, had not experienced such assistance and Sarah, aged 13, explained that 'no-one had ever sat and explained what was going on'. The mother of Ross, aged 5, who did not have an allocated social worker, expressed concern that the onus to explain the purpose of the Hearing and what would be happening there had fallen to her. She felt that it would have been very helpful if this role could have been undertaken by someone else.
At the Hearing
4.13 When asked about what it was like to be in the Hearing, children and young people referred to a range of emotions and reactions. Nervousness and anxiety were again common. Children and young people referred to feeling shy and embarrassed with people they didn't know. Oli, aged 15, referred several times during her interview to feeling 'small' and described sitting in front of panel members as nerve-wracking at first because they would all be 'looking at you because they're reviewing you'. The feeling of being exposed and nervous was echoed by other children and young people, such as Jay, aged 16:
'It's like three people, sat round this big table and just, like, discuss stuff and kind of scary, like going into a big room with, like, three strangers you don't know and you just talk to them about it and stuff.' Jay, aged 16
Kirsten, aged 15, also referred to 'the whole big table thing' and being stared at:
'It's just like the way it's like because like there's three of them in front of you and then like you're sitting in the middle sort of thing and then like you always feel like everyone's sort of staring at you and thinking oh what are you on about, sort of thing.' Kirsten, aged 15
4.14 Such feelings evoked embarrassment which made some children and young people reluctant to speak, even though they sometimes felt that they had to. For example when asked what made him feel nervous, Bart, aged 10, explained:
'Cos when they're all talking and I don't know what they're saying and that … And they make me nervous cos I don't know what to do and what to say.' Bart, aged 10
Jade, aged 14, said that she did speak but that the nervousness made her 'stutter'. Colin, aged 15, explained that although he would rather someone else spoke for him, he felt that because the panel members were there for him, he had to speak for himself.
4.15 Children and young people commonly referred to Hearings as boring or frustrating. They found it difficult to concentrate and felt that they were too long. For example, Larson, aged 16, explained that he felt both bored and anxious to get out and that these feelings were connected:
'Just sitting in there, like see when you've been to it a couple of times just pure sitting there pure like bored, going off your nut cos some of them keep you in for like hours upon hours and your like that, I've heard all this and I just want to go home. Just really like bored just sitting listening to people talking about you that don't even know you. [And] anxious just pure anxious to get out. Just anxious to get out of there cos it's boring they are all really a mixture of the same thing.' Larson, aged 16
However, John, aged 15, accepted that he needed to be there even though it was boring because it was important for him to be present when people were discussing him.
4.16 A source of frustration for some children and young people was the apparently repetitious nature of the questions asked at Hearings. Although Oli, aged 15, felt it was useful for details to be checked, so that panel members had all the right information, others felt irritated by it. For example, Mark, aged 11 was exasperated that panel members asked 'the exact same' questions every time even though he thought that they knew the answers. Brian, aged 14, expressed similar frustration:
'It makes me cross even going there cos they just say the exact same things over and over again.' Brian, aged 14
Melanie, aged 15, felt that such repetition indicated that panel members had not read the papers and did not listen to her properly:
'They don't ask me what I think. They're meant to read my Having Your Say sheet, but I don't know if they do, they don't do anything about it. They just kept asking again cos they weren't listening. It annoys me.' Melanie, aged 15
4.17 There was some indication from children and young people of an awareness of efforts to enable them to participate in their Hearings, in addition to being asked questions. Some children and young people also indicated that it was their panel and that they were there for them, and that it was an opportunity to express how they felt. Others recounted experiences which they had found difficult. For example, Colin, aged 15, highlighted that the panel members wanted him to speak first, though this wasn't necessarily perceived as a good thing. Oli, aged 15, referred to an occasion when a panel member had said "impress me" which she had found daunting. This had underlined the need for her to be prepared:
'They give you a chance to say something, even though, it's pressured and on the spot, like you'd have to be prepared for that sort of thing.' Oli, aged 15
4.18 There was evidence to suggest that children and young people's previous experience of Hearings may be important in terms of formulating how they view them and anticipate future experiences. Some older young people, for example those aged 15-18, who had been to Hearings over a number of years, were able to reflect on changes in their participation over time as they had grown more used to the Hearing setting and felt more confident and able to speak for themselves.
'[At the first hearing I felt like] I should just sit and be quiet, but then I started speaking to them and I found it got easier.' Kirsten, aged 15
4.19 Adult respondents too commented on changes over time and the way in which increasing maturity could have an impact on the child or young person's willingness and ability to participate in Hearings. One social worker highlighted that fact for the young person she was working with, his ability to participate in Hearings reflected a wider difficulty with participation, though he had improved over time:
'[His difficulty speaking] is not just with regard to Hearings. That's a difficulty [he's] got in any kind of setting, and as I said, I have been working with [him] for quite some time, and it's not [just] an issue for [him] at a Hearing. That's just the difficulty [he's] got in day to day life. Certainly he has improved a bit compared to what he was, say this time last year.' Social worker
4.20 Freddie's (aged 15) account suggested that as her circumstances had become more settled and with which she was happy she had started to feel confident about speaking and taking part in Hearings. Similarly, Kelly, aged 14, explained that when she was younger, she refused to go to Hearings, because she thought she was going to be sent to a children's home. When she was in a children's unit and panel members decided that she should stay there even though she was being bullied, 'it just felt like they were kind of letting [her] suffer more and more'. However, three years on she thought that panels were 'good' because people were prepared to listen and make decisions on the basis of her wishes.
4.21 In contrast, for Tom, aged 11, a Hearing decision had meant that he would no longer be able to see the key person, his father, who had helped him to take part in Hearings. He went from seeing his first Hearing as an opportunity to have his say and to express what was bothering him to anticipating future Hearings with uncertainty and unhappiness.
4.22 Children and young people's accounts also revealed different strategies for dealing with the experience of attending a Hearing. These ranged from those who found ways of engaging with the process to those who disengaged. For example, Kirsten, aged 15, explained that she tried to approach it in the way she would any other meeting:
'I just try not to think of it as a panel, because a panel is dead serious and it kind of rubs in your face a bit and then you're always dead scared, whereas I go, "oh no I've got to go", but then I just try not to think about that and speak as if I'm speaking to my social worker and then they got a lot easier.' Kirsten, aged 15
In contrast Darren, aged 16, said that he had listened to panel members the first time he had attended a Hearing, but that subsequently, he had 'just blank[ed] them'.
'I just go into my wee world … I speak but there's no point in wasting your breath.' Darren, aged 16
4.23 Young children, particularly those aged 5-7, found it very hard to recall what had happened at Hearings. For example, Kate, aged 5, explained that people had been talking to her mother while she played:
'My mum was talking and they gave me a bit of paper to colour in.' Kate, aged 5
Christopher, aged 9, initially couldn't recall much of what had happened in his Hearings, but after some prompting was able to remember some of the questions that panel members had asked him and the responses he had given.
The decision
4.24 Getting the decision was described by some children and young people as anxiety provoking and frustrating. The extent to which they felt that panel members took what they said into account when reaching decisions varied. For example, Jade, aged 14, felt that her views were taken into account, whilst Craig, aged 11, felt that they were taken into account 'a little bit'. However, both Sarah, aged 13, and Melanie, aged 15, felt that it was difficult to influence the decision because panel member's 'minds [were] made up'. Kirsten, aged 15, echoed this sentiment, and felt that panel members, sometimes had 'fixed' views and that she had no ownership over the decisions that were made.
'You just feel like you're just sitting there and then everyone's like making decisions for you sort of thing and then you don't know what to do with yourself basically.' Kirsten, aged 15
On the other hand a secure care worker explained that, for the young man she worked with, having a fair indication of the likely decision in advance of the Hearing could help to make him less anxious.
4.25 The extent to which children and young people understood the decisions made at Hearings also varied. Although explanations were given, these were not always easy to understand. For example, James, aged 14, explained that he needed to talk to his children's advocate after the Hearing because he had not fully understood what a Supervision Requirement was. He didn't ask any questions in the Hearing because he 'just wanted out'. Claire, aged 14, expressed frustration that after her first Hearing, which had resulted in a Supervision Requirement, neither panel members, nor her social worker, had properly explained to her what this meant.
4.26 Children and young people had both positive and negative experiences of decisions being explained to them. For example, Oli, aged 15, felt that getting the reasons for a decision was important because it was how she could tell whether or not she had been listened to. On the other hand, Melanie, aged 15, commented that panel members did not always explain why they had made decisions, and that even when they did she was too upset to take things in and walked away.
4.27 Some children and young people, such as Claire, aged 15, felt that they did not need to attend Hearings and that the decisions made, such as Supervision Requirements, were unnecessary. Stacy, aged 15, who had also been placed on a Supervision Requirement, felt that the decision to do this was made because it suited the panel members.
'So that they make decisions for me and not just like what would be easier for them or best for them.' Stacy, aged 15
Others voiced frustration that panel members wouldn't let them do what they wanted or what they thought was best for them. Melanie, aged 15, expressed anger that panel members could decide to place her somewhere against her wishes:
'If I don't want to go somewhere, then I don't see why they can just send me.' Melanie, aged 15
4.28 For Louise, aged 14, the way in which panel members reached decisions and whose views they took into account made her 'annoyed':
'Then the Panel automatically think, "Well, the social worker knows her better than my mum does", which is not true, so … then they go with my social worker … and my legal rep'. Louise, aged 14
After the Hearing
4.29 In contrast to the nervousness and anxiety felt before and during Hearings, it was common for children and young people to describe the way they felt after Hearings as relieved. However, this could be accompanied by feelings both of happiness and disappointment. Inevitably, this in part related to whether the outcome was one that they wanted, though happiness might simply relate to relief that the experience was over.
4.30 Disappointment might relate to either the decision itself or the experience of the Hearing. For example, Graham, aged 18, explained that on one occasion he had been frightened by a decision because it meant he would have to stay in a hostel. Whilst Christopher, aged 9, was scared when the Hearing decision was that he should remain in a children's unit where he was being bullied. However, he said he could not tell panel members of his fears, and only told his sister after the Hearing.
4.31 Larson, aged 16, explained that he was disappointed when he felt that he had not been listened to, though this was coupled with resignation:
'Like when I've no been listened to really, know what I mean, like a go an they make a decision, like they don't agree with that decision but they are no really nothing you can do.' Larson, aged 16
Larson explained that he saw no point in appealing Hearing decisions. The possibility of appealing was only referred to by older respondents and in general they took the same view as Larson. For example, Claire, aged 14, acknowledged that the panel members said she could appeal, and although she didn't agree with the decision and saw no reason for another Hearing in the future, she accepted it.
4.32 Children and young people spoke with a range of people after their Hearings about what had happened and what the decision meant. This included parents, social workers and independent advocates. However, this did not always happen partly because of a desire to forget about the experience. For example, Speedy, aged 11, explained that when the Hearing was over, he didn't want to talk about it afterwards.
The role of panel members
4.33 The experience of attending Hearings as described by children and young people, indicated that the behaviour of panel members could make a significant impact on their participation. Whilst some children and young people described panel members as friendly and felt that they listened to them, others felt that they didn't listen either all the time or some of the time. Some whose experience was mostly positive nevertheless recounted experiences where one panel member was unfriendly or 'moody' and this made the Hearing difficult. On the other hand, one adult respondent, who had attended a Hearing with a young man in her role as a secure care key worker, explained that he had been embarrassed by positive comments and praise from the panel members and others present at the Hearing, because it was not something he was used to:
'He was embarrassed maybe by some of the comments, but the comments were all positive, that we felt he could do well, but he does tend to not like to hear folk praising him. He's uncomfortable with praise.' Secure care worker
4.34 When children and young people felt that they were not being listened to, they found it frustrating and anxiety provoking.
'Well they do yeah, but I don't know, sometimes whenever like I tried at my third one I think it was, when I tried to answer a question they'd butt in and then start speaking over me and I then just ended up getting really annoyed and then I just sat down and be quiet because I thought that like it was all about your views are meant to be heard as well as theirs sort of thing and then I would speak, they would butt in and I couldn't speak any more sort of thing and I was like right, OK then I'll be quiet.' Kirsten, aged 15
For example, both Sarah, aged 13, and Larson, aged 16 felt that although they were asked questions, their answers were not listened to because they went 'in one ear and out of the other'. Children and young people offered a range of explanations for not being listened to. For example, Louise, aged 14, who was in a secure unit at the time of the interview felt that panel members did not listen to her because they thought of her as a 'problem':
'Because they're no' looking, they're not listening … They're not concentrating. They're talking over me'. Louise, aged 14
On the other hand, Bart, aged 10, explained that he thought panel members didn't listen to him because of his age. When asked why he thought they didn't listen, he simply said 'Eh … cos I'm wee.'
4.35 Children and young people suggested that there were various ways in which they could tell whether panel members listened to them. Behaviour said to indicate that panel members did listen included making eye contact, both asking and answering questions, not using complex language and making decisions that reflected their wishes.
4.36 In contrast, panel members talking to each other, looking away from you or talking over you were said to be indicators of panel members not listening. John, aged 15, explained that he could tell when panel members were not listening because of 'the way they acted' and did not feel that there was anything he could do to make them listen. Panel members asking the same questions repeatedly could also be taken as an indication that they were not listening by some children and young people, or as Larson, aged 16, explained:
'If you say something they say the opposite, they're obviously not listening to you.' Larson, aged 16
4.37 Jade, aged 14, commented that panel members sometimes 'whispered' to each other which made her feel uncomfortable because they were talking about her. Stacy, aged 15, said that she felt 'awkward' when people were talking about her and asking other people questions about her, rather than asking her directly.
4.38 Whilst some children and young people felt that they understood what panel members were saying, others commented on difficulties with language and terminology. For example, Mark, aged 11 said panel members used 'big words' that he did not understand. Claire, aged 14, referred to panel members talking 'posh' and using words that she didn't understand so that she had to ask them what they meant.
'No, they were using big words and I had to say to them I don't know what you're talking about and they said it.' Claire, aged 14
Speedy, aged 11, said that he was sometimes 'baffled' by the words used by panel members and this made him fearful of 'saying something stupid'.
'You think the panel's all right but then they start talking in big words. That first one it started off OK but then it just got, then they just got into big words. Because they just keep yapping on, blah-blah-blah-blah-blah, and nobody understands.' Speedy, aged 11
4.39 Children and young people had different experiences of being asked questions by panel members. Whilst they were commonly asked about their present circumstances, for example where they were living or how school was progressing, they felt that they were not necessarily asked what they wanted to happen. Stacy, aged 15, who had attended two Hearings, described very different experiences. At the first Hearing, she felt that everybody was talking 'about her', at the second Hearing, it felt different because they asked her questions, including what she wanted to happen.
'[At the first hearing I felt] a bit left out because they just said like we're going to give a supervision requirement for a year and like nobody told me what it was about or anything like that.' Stacy, aged 15
'Like they asked me questions and how I felt about the decision that was made and asked me about myself and that. But I could like understand what they were saying this time.' Stacy, aged 15
4.40 Some children and young people felt a sense of powerlessness and an inability to influence outcomes. Bart, aged 10, said that he felt powerless when panel members didn't listen and when asked what this meant he explained:
'You try and say something but you feel powerless because they don't listen to you. And you're trying to say something they just, cos they're bigger than you, they've got louder voices so you try and say something and they just go louder and louder and louder and louder.' Bart, aged 10
John, aged 15, felt that panel members did not always respect his views because when he denied something, they had not believed him. Whilst questions asked by panel members were sometimes perceived to be hard, for some the experience was easier than anticipated. For example, James, aged 14, said that the questions were 'easy' because he has simply been able to answer 'yes' or 'no'.
Summary points
Children and young people's accounts suggest that there are a range of factors that may help or inhibit their participation.
Factors which children and young people described as helpful included:
- Providing papers which are accessible
- Preparation and discussion before the Hearing
- Knowing what to expect
- Evidence of listening
- Providing explanations
- Creating a comfortable environment
- Asking for views about possible decisions
Adult behaviour that children and young people described as inhibiting participation included:
- Talking over children and young people
- Using language and terminology that is not understood
- Repeating statements or questions
- Directing questions to others
- Asking difficult or awkward questions
- Talking about children and young people rather than to them
- Being discouraged from speaking
Children and young people also described their own feelings and fears as inhibiting including:
- Feeling shy or embarrassed
- Feeling suspicious of adult motives
- Feeling that adults did not listen to answers
- Feeling that adults did not believe answers
- Fear of an unknown process
- Fear of outcomes
« Previous | Contents | Next »