as detailed in the 1995 Act. It also ensured the children’s hearings system was fit for purpose in accordance to the GIRFEC approach (Hothersall 2014). The 2011 Act repealed parts of the 1995 Act which related to the children’s hearings, it replaced Part II, Chapter 2 and 3 and Schedule 4. Section 25 of the 2011 Act re-articulated the welfare principle and S.67 provides the grounds under which a child or young person may be referred to the children’s hearing in order that consideration can be given to whether there in need of compulsory measures of supervision. New additional grounds include S.67(2)(f) where a child is likely to have a close connection with a person who has carried out domestic abuse or with a sex offender (S.67(2)(g)) this use of different wording has widened the criteria to cover a member of the same household or someone with significant contact with the child (YJNDT 2011). In relation to youth justice the relevant grounds of referral would be S.67(2)(j) where a child or young person has committed an offence and now S.67(2)(m) where the conduct of a child is or likely to have an adverse effect on that child or another person. This was seen as modernising the grounds to take into account bullying, self-harming and serious risk taking behaviour (McGuinness, Gotts & Migunda 2012). However the lack of definition on domestic abuse and the broadness of the new grounds have been criticised as even if the grounds of the referral exist it does not necessarily follow that a children’s hearing will take place (McGuinness, Gotts & Migunda 2012).
Then finally the last relevant legislation when looking at youth justice was the introduction of the Children and Young People (Scotland) Act 2014 (2014 Act). This Act was seen to formalise an approach to support the wellbeing of children and young people and legitimised agency collaboration and information sharing with the hope to further unify the children’s hearings system and GIRFEC principles (McCormack 2014). The 2014 Act introduced a single point of contact for every child up to 18 – the Named Person and introduced a multi-agency ‘Child’s Plan’ for every child who needs one (CIS 2016). These provisions will be critical to future arrangements in support of Youth Justice (CYCJ 2015).
Social Policy