Malcolm Schaffer Indiya Kurlus Scottish Children's Reporter

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ASSESSING EVIDENCE FOR COMPULSORY INTERVENTION
CHILDREN’S REPORTER DECISION-MAKING
MALCOLM SCHAFFER & INDIYA KURLUS
HEAD OF PRACTICE AND POLICY, SCRA
RESEARCH OFFICER, SCRA
APRIL 2015
www.scra.gov.uk

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SCRA
• Non departmental public body
• Sponsored by Scottish Government
• Head office in Stirling
• Nine localities

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What does a Children’s Reporter do?
• Receives referrals
• Investigates
• Makes decisions
• Administers Hearings
• Presents cases in court

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Who Refers?
• 75% police
• 6% social work
• 4% education
• 0.6% health
• 0.3% parents

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2013-14 Referral Statistics
• 19,077 children referred to the Reporter (children can
be referred more than once)
– 17,476 referred on care and protection grounds
– 2,764 referred on offence grounds
• 32,315 referrals received
– 25,497 on care and protection grounds
– 6,818 on offence grounds
• 3,915 children had Reporter decision to arrange a
Hearing (on at least one referral)

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Twin Test of Decision-Making
Need for COMPULSORY measures of supervision
And
Evidence to prove ground(s) for referral

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Examples of Grounds for Referral
• Lack of parental care
• Offence committed against a child
• Domestic abuse
• Forced marriage
• Offence committed by child

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Reporters Investigation
• level of investigation depends on nature of
referral and quantity of information already
available in referral or background history
• potential sources of information may include
family, school, health, social work, children’s
centre

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Decision-Making by Reporters
• Not to arrange a Hearing
• Refer to local authority for voluntary measures
• Refer to Hearing if
a) in need of compulsory measures of
supervision; and
b) evidence to prove ground of referral

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Reasons for not Referring to a Hearing
• insufficient evidence
• no need for compulsory measures
• Minor incident that can be dealt with by family
• change in circumstance since referral

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SCRA Research:
Children’s Reporter Decision-Making
Why?
• Recent enquires into child deaths and the Scottish
Parliamentary Inquiry on decision-making on taking
children into care raised questions on effectiveness
of child welfare decision-making
• Little research has examined Children’s Reporter
decision-making; and that which exists is over 15
years old (Hallett, Murray, Jamieson & Veitch, 1998)

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SCRA Research:
Children’s Reporter Decision-Making
What?
• How much are other agencies criteria for referral included
in the information provided to Reporters?
• What information do Reporters need to make decisions on
children referred?
• To what extent are Reporters getting the information they
need to make effective decisions?
• How can the quality of Reporter decision-making be
assessed?
• How child focussed is Reporter decision-making?

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SCRA Research:
Children’s Reporter Decision-Making
How?
• Scoping exercise (literature review and development and pilot of
toolkit)
• Decision-making data collection (via toolkit) of 200 referrals in last
week April 2013
– Referral information; Reporter’s Initial Investigation; Reporter’s Assessment;
Reporter’s Decision; and Hearing Decision (if applicable)
• Focus groups with Children’s Reporters (4 across Scotland)
– exploring thresholds, enablers and barriers to decision-making
• Analysis
– Quantitative data via MS Excel
– Qualitative data via thematic analysis

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SCRA Research:
Children’s Reporter Decision-Making
Findings
• Reporters have a key role in child welfare decision-making in Scotland
• In almost all cases, Reporters decisions found to be proportionate and evidence based
• Information in referrals is key to how Reporters make decisions – clear evidence and
accurate chronologies facilitate decision-making
• Relationships with other agencies and professionals affect how information is obtained and
how Reporters interpret it
• In most cases, Reporters are child centred in their decision-making
• Reporters are focussed on the evidence to support the grounds for referral
• Reporters felt that their role was objective and detached
• Reporters are aware where their own values and empathy impact on their
decision-making
• Concern over whether early intervention is possible if Reporters only see high tariff incidents
as a result of multi-agency screening prior to referral

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Case Study 1: Jamie
Referral information
• Jamie is referred to the Reporter by the police via Child Concern
Form
• Jamie is 12 years old
• He lives with his mum
• The police were called following an incident where mum took an
overdose of pills and alcohol
• Child was home
• Mum advises she has also been using Valium regularly since the
death of her mother
• Home in a very poor unhygienic state
• Police investigation discovers child known to social work as school
have concerns around attendance, but no social work involvement

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Case Study 1: Jamie
Reporter Investigation & Decision
• Reporter has phone conversation with social work, requests no further
information
• Social work advise:
– Mum has severe depression and unable to maintain daily routine
– Support previously provided by maternal grandparents, but no other sources
– Since death of maternal grandmother, mum has become more depressed and
threatened overdose
– Maternal grandfather has become depressed since death of wife and is
struggling to maintain his own lifestyle
– Child has been placed in care of maternal grandfather on voluntary basis to
provide mum with respite
– Social work advise a variety of services are to be provided
• Reporter final decision: No Action – Refer to Local Authority (a variety of
services are being provided and accepted, no need for compulsion)

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Case Study 2: Emily
Referral information
• Emily is referred to the Reporter via letter from social work
• Emily is 7 years old
• Police contacted by a concerned member of public as mum
intoxicated with child in her company buying more alcohol
• Police traced mum and child at home – child is sleeping
• Child removed from home and placed with father overnight
• Police contact social work who confirm family known to them
• Social work refer to Reporter as mum has alcohol dependency and
concern around ability to care for child, also suspected victim of
domestic violence
• Social work believe that although mum has been working with them,
this has been sporadic

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Case Study 2: Emily
Reporter Investigation & Decision
• Reporter requests Integrated Assessment Report from social work
• Social work advise:
– Child Protection Case Conference has been held, minutes to be forwarded to
Reporter in due course.
– Child has been placed on Child Protection Register
– Serious concerns around mum’s drinking and current and historical incidences
of domestic violence
– Concerns that mum is unable to adequately care for child due to her alcohol
dependency and inability to keep child safe from domestic abuse
• Reporter final decision: Arrange Hearing (serious concerns and although
mum currently cooperating with social work further compulsion may be
required)

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Hand Outs
• Kurlus, I., Hanson, L. & Henderson. G. (2014) Children’s
Reporter Decision-Making, Scottish Children’s Reporter
Administration: Stirling
• SCRA (2011) Framework for Decision Making by
Reporters, Scottish Children’s Reporter Administration:
Stirling
• SCRA (2015) Guidance on Referral to the Reporter –
Information for Partners, Scottish Children’s Reporter
Administration: Stirling