Thank you for the opportunity to introduce the draft instrument. The Children’s Hearings (Scotland) Act 2011 (Children’s Advocacy Services) Regulations 2020 make provision concerning children’s advocacy services under section 122 of the Children’s Hearings (Scotland) Act 2011. Section 122(2) includes a requirement on the
“chairing member of a children’s hearing to inform the child of the availability of children’s advocacy services”
unless
“the chairing member considers that it would not be appropriate to do so.”
Section 122(7) defines children’s advocacy services as
“services of support and representation provided for the purposes of assisting a child in relation to the child’s involvement in a children’s hearing”,
so, it is specifically about advocacy for children who are referred to hearings.
Section 122(4) contains a regulation-making power allowing the
“Scottish Ministers to make regulations for or in connection with—
(a) the provision of children’s advocacy services.”
The objective of the draft regulations is to ensure that the right support is available for children and young people, and that the arrangements for providing children’s advocacy are effective. The draft regulations set out the qualifications that are to be held by persons who provide children’s advocacy services and the training that they are required to undertake.
The regulations also make provision regarding payment of expenses, fees and allowances by the Scottish ministers.
The primary role of children’s advocacy is to support children and young people to express their own needs and views and to make sure that their rights are respected. That will support decision makers to make informed decisions on issues that influence children’s lives, when those issues are considered in children’s hearings.
If they are passed, the regulations will apply where the Scottish ministers have entered into arrangements with a service provider, under section 122(5) of the 2011 act, for provision of children’s advocacy services.
Persons will be qualified to act as advocacy workers in children’s hearings under the scheme only when they have completed training and qualifications in accordance with the regulations. Under regulation 4(2), the Scottish ministers must provide or arrange that training and qualification for current and potential child advocacy workers.
Regulation 5 specifies the matters on which training must be provided, including the legislation that is relevant to children’s hearings, possible outcomes of hearings, rights of children and young people, and the roles and functions of the child advocacy worker and other key children’s hearings actors.
Section 122(5) of the 2011 act enables the Scottish ministers to enter into agreements—contractual or otherwise—with any person other than a local authority, Children’s Hearings Scotland or the Scottish Children’s Reporter Administration for children’s advocacy services.
Following careful evaluation of expressions of interest last year, grant funding was offered to 10 third sector providers. In combination, they will offer Scotland-wide coverage to children. The use of third sector providers ensures the independence of new services from the named public bodies. That allows grant funding to be made to providers, and one-off payments for expenses, fees and allowances to child advocacy workers, where appropriate.
Provisions under regulation 7 mean that the Scottish ministers can consent to continuation of pre-existing advocacy relationships at the point of commencement of the regulations. That will offer an element of choice to children and young people as to who may provide advocacy in their hearings.
We will consider all evidence that emerges from the new services and we will explore how best to support children and young people who come to hearings.
Working collaboratively with stakeholders, our efforts have ensured that the services are ready—they are already operating informally—to support children and young people.