Restorative justice: policy and practice framework

7. Restorative justice and children

7.1 It is important that RJ should equally be available when it is a child that has either been harmed or has caused the harm. It is recognised that the systems and agencies involved could differ from adult RJ, but the principles and approaches are nevertheless the same.

7.2 Under the Whole System Approach, the driving ethos of minimising a child’s contact with the adult justice system means that RJ should be able to be accessed in a timely and child-centred manner, irrespective of any more formal responses to the behaviour in question. This should include when a child is considered under Early and Effective Intervention, via existing statutory/voluntary services, via the Children’s Hearing System, or under Diversion from Prosecution. It should also include children where the level of harm has been significant (physical and/or psychological) and who have, as a result, been dealt with via the court system. It is important to note that if a child is subject to criminal justice proceedings, then there will be constraints as to when any RJ process can commence.

7.3 RJ should also be available when the child who has caused harm is below the age of criminal responsibility, as this should not, in itself, preclude a person who has been harmed benefitting from some form of appropriate restoration, provided that great care is taken to ensure the child’s needs and rights are protected throughout. It should be noted that the above processes could involve different agencies with responsibilities in relation to information sharing and support, both to the child who has harmed, and to the person harmed.

7.4 When supporting children through an RJ process, regardless of whether they have been harmed or have caused the harm, active consideration of the needs and rights of the child must inform decision making at every stage. Adherence to the principles of GIRFEC[v] and the UNCRC requires that practitioners are sufficiently informed and skilled, so that key issues of consent, participation and protection are given due regard. As with the adult system, participation in any RJ process must be voluntary. It is therefore important that decision making in relation to the child’s behaviour is not seen to be predicated on their successful engagement in any RJ process.

7.5 It is worth bearing in mind that, in many instances, both parties to an act of harm will be children. It is therefore essential that all agencies involved work in partnership to ensure that the rights of both children are given equal consideration and protection.