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'Voice of the Child' - Under the Children (Scotland) Act 1995

DescriptionDetailed analysis of Children (Scotland) Act 1995 - accompanying documentation maps decision-making processes in which views of children need to be sought and provisions made for doing so in the Act.
ISBN0 7559 3346
Official Print Publication Date
Website Publication DateSeptember 04, 2002

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'Voice of the Child' Under the Children (Scotland) Act 1995:

GIVING DUE REGARD TO CHILDREN'S VIEWS IN ALL MATTERS THAT AFFECT THEM

Volume 1 - Mapping Paper

Kathleen Marshall (University of Glasgow)
E. Kay M.Tisdall (Children in Scotland/ University of Edinburgh)
Alison Cleland (Napier University)

With contributions from Alexandra Plumtree (BAAF)
Scottish Executive Central Research Unit
2002

This document is also available in pdf format (956k)

Table of Contents

Acknowledgements

Executive Summary

Chapter 1:
Background and introduction

Chapter 2:
Part I of the Children (Scotland) Act 1995

Which decisions require children's views to be considered?
Which children are included in any such requirements?
What processes are specified for the ascertainment of children's views?
What weight is to be given to the child's views?
Is there provision for feedback to the child about the decision
and the consideration given to the child's views?
Comment on the above

Chapter 3:
PART II of the Children (Scotland) Act 1995, CH 1

Which decisions require children's views to be considered?
Which children are included in any such requirements?
What weight is given to their views?
What processes are specified for ascertainment of children's views?
Is there provision for feedback to the child about the decision
and the consideration given to the child's views?
Comment on the above

Chapter 4:
Part II of the Children (Scotland) Act 1995, Chs 2 & 3

Which decisions require children's views to be considered?
Which children are included in any such requirements?
What processes are specified for ascertainment of the child's views?
What weight is to be given to the child's views?
Is there provision for feedback to the child about the decision
and the consideration given to the child's views?
Is there any pattern in the picture presented?

Chapter 5:
Part II of the Children (Scotland) Act 1995, Chapter 4

Which decisions require children's views to be considered?
Which children are included in any such requirements?
What processes are specified for ascertainment of the child's views?
What weight is to be given to the child's views?
Is there provision for feedback to the child about the decision
and the consideration given to the child's views?

Chapter 6:
Part III and Schedule 2 of the Children (Scotland) Act 1995

Which decisions require children's views to be considered?
Which children are included in any such requirements?
What processes are specified for ascertainment of the child's views?
What weight is to be given to the child's views?
Is there provision to feedback to the child about the decision
and the consideration given to the child's views?
Comment on the above

Chapter 7:
Concluding thoughts - Issues and questions

1. Coverage
2. Which children, and what weigh to their views?
3. Process versus event
4. Children's development
5. Feedback to children
6. Best interests versus views
7. Confidentiality and Access to Information
8. The individual child, the child in the family or children as a group
Further questions raised by reflecting across the breadth of the mapping paper:
Areas of future research and consideration

Glossary

Works cited

Appendix A: Case Law

Appendix B:
Table by Section of the Children (Scotland) Act 1995

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

Further copies of this report are available priced 5.00. Cheques should be made payable to The Stationery Office Ltd and addressed to:

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