Children (Scotland) Act 2020 - registers of child welfare reporters, curators ad litem and solicitors: consultation

This consultation focuses on the register of child welfare reporters, the register of curators ad litem in cases under section 11 of the Children (Scotland) Act 1995 and the register of solicitors appointed where a person has been prohibited from personally conducting a case themselves.


Annex B: Consultation questions

Question 1):

Who should provide the operation and management of the register of child welfare reporters? (please select one answer).

(a) the Scottish Government

(b) the Scottish Government should contract this out to a third party

(c) this should be run by the SCTS on a national level.

(d) another option

(e) don't know

Why did you select your answer?

Question 2): Do you agree/disagree with the proposed process for including an individual on the register of child welfare reporters?

Agree

Disagree

Don't Know

Why did you select your answer?

Question 3): Do you agree/disagree that child welfare reporters should be included on the register for a three year period?

Agree

Disagree

Don't know

Why did you select your answer?

Question 4): Do you agree/disagree with the proposed reappointment process for child welfare reporters?

Agree

Disagree

Don't Know

Why did you select your answer?

Question 5):

For each of the following categories of people, should they be ineligible for inclusion on the register of child welfare reporters? Please select yes/no/don't know for each option

an individual directly involved in the establishment, maintenance, operation or management of the register of child welfare reporters

an individual employed by the SCTS

a member of the judiciary

a member of the Scottish Government or junior Scottish Minister

an individual barred from regulated work with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007

Why did you select your answers?

Question 6) Is there anyone else who should be ineligible for inclusion on the register of child welfare reporters?

Yes

No

Don't Know

If you answered yes please provide details.

Question 7) Do you agree/disagree with the approach proposed when an individual is removed from the register of child welfare reporters?

Agree

Disagree

Don't know

Why did you select your answer?

Question 8): Do you agree/disagree with the proposed requirements that a person must satisfy in order to be included on the register of child welfare reporters?

Agree

Disagree

Don't know

Why did you select your answer?

Question 9): Are there any other requirements that a person must satisfy in order to be included on the register of child welfare reporters?

Yes

No

Please give the additional requirements you feel are necessary and why you feel they are important.

Question 10): Do you agree/disagree that existing child welfare reporters having to apply to be on the new register?

Agree

Disagree

Don't know

Why did you select your answer?

Question 11): Do you agree/disagree with the proposed training requirements for child welfare reporters?

Agree

Disagree

Don't know

Why did you select your answer?

Question 12): Is four days of paid training per year for child welfare reporters appropriate?

Yes

No, I believe it should be fewer days

No, I believe it should be more days

Don't know

Why did you select your answer?

Question 13): How should fee rates for child welfare reporters be applied?

Hourly rate

Per page rate

Another way

Don't know

Why did you select your answer?

Question 14): Do you have any comments on the proposed policy in relation to expenses for child welfare reporters?

Yes

No

Please provide your comments

Question 15): When a child welfare reporter is selected should this be:

The next person on the register

A person with specific areas of expertise requested by the court

Through another system

Why did you select your answer?

Question 16) Should a child welfare reporter provide recommendations on what is in the best interests of the child in their report?

Yes

No

Don't Know

Why did you select your answer?

Question 17): Do you have any comments on the proposed procedure for complaints from individuals who are unsuccessful when applying to be on the register of child welfare reporters or are removed from the register?

Yes

No

Please provide your comments.

Question 18): Where a child welfare reporter has a grievance about fees or expenses or comments on their appraisal should this be dealt with by the body appointed to operate and manage the register?

Yes

No

Don't Know

Why did you select your answer?

Question 19): Do you have any comments on the proposed procedure for complaints about child welfare reporters?

Yes

No

Please provide your comments

Question 20): Do you agree/disagree with the proposed requirements that a person must satisfy in order to be included on the register of curators ad litem?

Agree

Disagree

Don't know

Why did you select your answer?

Question 21): Should there be any other requirements that a person must satisfy in order to be included on the register of curators ad litem?

Yes

No

Don't know

Please give the additional requirements you feel are necessary and why you feel they are important.

Question 22): Do you have any comments on the proposed training requirements for curators ad litem?

Yes

No

Please provide your comments

Question 23): Do you agree that four days of paid training per year for curators ad litem is appropriate?

Yes

No, I believe it should be fewer days

No, I believe it should be more days

Don't know

Why did you select your answer?

Question 24) Do you have any comments on the proposed process for appointing a curator ad litem in a case under section 11 of the 1995 Act?

Yes

No

Please provide your comments.

Question 25): How should fee rates for curators ad litem be paid?

Hourly rate

Another way

Don't know

Why did you select your answer?

Question 26): Do you have any comments on the proposed approach in relation to expenses for curators ad litem?

Yes

No

Please provide your comments

Question 27): Do you have any comments on the proposed procedure for complaints by or about curators ad litem?

Yes

No

Please provide your comments

Question 28): Do you agree/disagree with the proposed requirements that a person must satisfy in order to be included on the register of solicitors?

Agree

Disagree

Don't know

Why did you select your answer?

Question 29): Are there any other requirements that a person must satisfy in order to be included on the register of solicitors?

Yes

No

Don't know

Please give the additional requirements you feel are necessary and why you feel they are important.

Question 30) Do solicitors on this register require fewer days training each year than child welfare reporters and curators ad litem, on the basis that they are likely to receive fewer appointments?

Yes

No

Don't know

Why did you select your answer?

Question 31): Are there any other training requirements that you think should be included?

Yes

No

Please give the additional requirements you feel are necessary and why you feel they are important.

Question 32): Do you have any comments on the proposed process for the court appointing a solicitor from the register?

Yes

No

Why did you select your answer?

Question 33): Do you agree/disagree with the proposed procedure for expenses for individuals appointed to this register?

Agree

Disagree

Don't know

Why did you select your answer?

Question 34): Do you have any comments on the proposed procedure for complaints by or about solicitors on this register?

Yes

No

Please provide your comments.

Question 35) :

Do you have any comments about, or evidence relevant to:

a) the draft Business And Regulatory Impact Assessment Yes/No

b) the draft Child Rights and Wellbeing Impact Assessment; Yes/No

c) the draft Data Protection Impact Assessment; Yes/No

d) the draft Equality Impact Assessment; Yes/No

e) the draft Fairer Scotland Impact Assessment Yes/No or

f) the draft Islands Communities Impact Assessment Yes/No

Please provide your comments.

Question 36): Do you have any further comments?

Yes

No

Please provide your comments

Contact

Email: family.law@gov.scot

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