Children's hearings and pre-hearing panels - composition changes: equality impact assessment

Summary of Aims and Desired Outcomes

The aim of the policy is to introduce operational flexibility to a currently absolute requirement that children's hearings must include male and female members of the Children's Panel.

Section 6(3)(a) of the Children's Hearings (Scotland) Act 2011 ("the 2011 Act") currently prescribes that children's hearings must include male and female members of the Children's Panel. Part 2, Rule 3(2) of the Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 ("the Rules") contains the same provision in relation to Pre-Hearing Panels.

Due to the impact of the Covid 19 pandemic on the retention and recruitment of volunteers, particularly male volunteers, Children's Hearings Scotland (CHS) believe there is a significant risk that the National Convener will be unable to convene hearings which meet this legal requirement.

Emergency legislation enabled temporary suspension of this requirement during the Covid 19 pandemic, and was monitored in accordance with the requirements of that legislation.

Section 42 of the Coronavirus (Recovery and Reform)(Scotland) Act 2022 inserts the words "so far as practicable" into the requirement in relation to hearings as outlined in the 2011 Act, and this will come into force on 1 November 2022.

An SSI to delete Rule 3(2) from the Rules to ensure clarity and consistency of approach has been drafted, and it is intended that this will also come into force on 1 November 2022 to align with implementation of the Bill.

Directorate: Division: Team

DCAF: CRPJ: YJCH