The Children's Hearing system in Scotland has just been through a major reorganisation, but Alistair Gaw, the president of Social Work Scotland (SWS) and head of Children's services at Edinburgh City Council, believes another big change is needed.
According to Mr Gaw, the increasing legalisation of panels is making it difficult for lay volunteers to make the best decisions for children and the system should be staffed by professionals instead.
It is a radical suggestion but it is also a response to a genuine problem: lawyers have become increasingly involved in the system and in some cases this has made it increasingly challenging for panel members. However, the change Mr Gaw is suggesting would effectively mean abandoning the founding principle of the system which is that decisions about the lives of vulnerable children and young people should be taken by members of the local community.
That principle remains sound and partly explains why children's panels have been seen as an example the very best of Scotland's welfare system. It is not perfect of course and the recent reform to introduce nationwide guiding principles was needed, but to go further and professionalise children's panels would risk losing the element of citizen involvement that has contributed to the excellence of the panel system.
It is also important to remember that children's panel members are not lay people suddenly called on to make complex decisions in the way that jury members are. Cihildren's panels face complicated problems including criminality, truancy, neglect, and abuse, but before they make decisions, panel members receive detailed training, which is then regularly renewed and refreshed.
That is not to say that the system could not do with some refining and Mr Gaw is right to point out that there has been an increasing legalislation of the system. However, the response is not to professlionase the panel members but to ensure that legal advice is more readily available to them.
There are some other improvements that could be made - most importantly giving panel members more feedback about their decisions and appeals - but the basic structure of the system is sound and has the consent and support of the public. Children's panels are a cherished part of the welfare system which has just been through major reform - the last thing it needs is another major shake-up.
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