Contested views of expertise in children’s care and permanence proceedings

Abstract

In this article, we consider different perspectives on who is best able to provide relevant and helpful expertise in public law cases where the long-term care of children is under consideration. Opinions vary and sometimes conflict on the respective importance of legal, child development, and lay understandings. These opinions relate to views on rights, appropriate procedures, decision-making processes, and the effects of decisions on children. Firstly, we summarise literature relevant to the knowledge and skills of three key groups of decision-makers within the Scottish child care system: legal professionals, child care professionals and lay decision-makers, and outline literature about guardians ad litem and their counterparts. We then discuss issues of expertise emerging from a study exploring the reasons for, and impact of, the appointment of safeguarders (who, in Scotland, perform a similar role to guardians). We conclude that there may be an increasing tendency for disagreement and a lack of clarity about who brings the most relevant and helpful expertise to hearings; this may have negative effects for children.

Keywords:

• Permanence
• guardians
• experts
• safeguarders
• Children’s Hearings
• legal representation
• safeguarding
• best interests

Acknowledgements

This study was undertaken within a larger programme of work funded by Scottish Government that aims to improve permanence processes for looked after children. Many partner groups were involved in the study and in taking findings forward, we thank all participants and the organisations and individuals who helped us to gain access to those participants.

Notes

1. Getting it Right for Every Child (GIRFEC) is a policy initiative in Scotland concerned with promoting children’s wellbeing through integrated service delivery: see www.gov.scot/Topics/People/Young-People/gettingitright.

2. In the UK individuals on low or modest income can request legal aid to help them towards the costs of legal advice and representation. Since June 2013 children and their parents/carers attending a hearing can apply to the Scottish Legal Aid Board for the Children’s Legal Assistance. The money for legal aid comes from public funds.

3. The Scottish Legal Aid Board manages the aid system in Scotland.

4. The Scottish Legal Aid Board Code of Practice in relation to Children’s Legal Assistance Cases is available from www.slab.org.uk/export/sites/default/common/documents/profession/practitioner_info_guides/ChildrensRegisterandDuty/Code_of_Practice_in_relation_to_Childrenxs_Legal_Assistance_February_2013.pdf

5. For more details of GIRFEC see www.gov.scot/Topics/People/Young-People/gettingitright

6. Lay Magistrates (Eligibility) (Northern Ireland) Order 2004

7. Further information about the Florida Guardian ad Litem Program can be found at www.guardianadlitem.org