Children (Scotland) Bill: equality impact assessment

Details of the equality impact assessment (EQIA) carried out in relation to the Children (Scotland) Bill.


Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic[2]

Evidence gathered and Strength/quality of evidence

Source

Data gaps identifiedandaction taken

Age

1. The Child Rights and Wellbeing Impact Assessment (CRWIA) sets out the evidence gathered in relation to children and young people under 18 of age.

2. Unpublished data from the Scottish Legal Aid Board (SLAB) suggests that between April 2017 and April 2019 24% of granted legal aid applications were to parties between the ages of 25 to 29. This figure drops to 20% for 30 to 34 year olds and 15% for 35 to 39 year olds. Therefore, the Bill will affect individuals between 25 to 29 year olds more as a number of the provisions in the Bill will affect court procedure in cases under section 11 of the 1995 Act.

3. In 2018/2019 the ratios for children being placed on a new supervision order by a children's hearing were:

42% under 5

28% 6-11

30% 12 and above

For adoptions the data shows us that the proceedings

breakdown in ages is:

49% under 5

20% over 14

4. At 31 July 2018, there were an estimated 14,738 looked after children in Scotland.

5. In 2018/19, 31,653 Children's Hearings were held for 13,667 children and young people.

Ensuring the views of the child are heard

6. More younger children are likely to be affected by the provisions in the Bill which remove the legal presumption that a child aged 12 or over is considered mature enough to give their views. The Bill amends sections 6, 11 and 16 of the Children (Scotland) Act 1995 (the 1995 Act), as well as sections 14 and 84 of the Adoption and Children (Scotland) Act 2007 and section 27 of the Children’s Hearings (Scotland) Act 2011.

7. Unpublished SLAB data shows that between 2015 and 2017 they funded 32 applications from children for legal aid to app dear directly before the judge or sheriff. 30 out of the 32 applications came from children aged 12 or over.

8. Prior to a child or young person attending a Children's Hearing, they are able to express their views either through SCRA's All About Me form or through social work's child views form. In 2018/19 SCRA recorded receipt of 2,735 of these forms for 1,998 children and young people. This was a 4.8% increase from 2017/18 (126 more forms).

Protecting victims of domestic abuse

9. Provisions in the Bill that restrict personal conduct of cases in proceedings involving vulnerable witnesses and protect vulnerable parties through special measures will positively affect victims of domestic abuse. Scottish Government statistics on domestic abuse suggest that in 2017/18:

Age % of victims of domestic abuse
16-18 4
19-21 7
22-25 12
26-30 17
31-35 15
36-40 12
41-50 15
51-60 6
61 and over 2
Not Recorded 10

10. The provision prohibiting personal conduct of a case if an individual has committed a serious criminal offence is likely to affect more people over the age of

21. Scottish Government statistics on criminal proceedings for 2017/18 suggest that 11% of convictions for homicide, attempted murder, other non-sexual crimes of violence, sexual crimes, rape and attempted rape, sexual assault, other sexual crimes, common assault and breach of the peace were committed by under 21s.

Regulation of child contact centres

11. Younger parents may be affected by the provisions regulating child contact centres. Unpublished data from Relationships Scotland suggests that in 2017/18 58% of individuals using child contact centres were aged 20-29 and 26% were aged 30-39. At the independent contact centre in Glasgow 38% of individuals who gave their age were between 20 and 29.

12. Regulation of contact centres will affect children. In 2018/19, 2,572 children were able to maintain contact with a non-resident parent by using Relationships Scotland contact centres. The independent contact centre in Aberdeen says that it provides support for up to 12 families per year at their contact centre The Inverclyde contact centre dealt with 60 children from 53 families in 2016 and 76 children from 58 families in 2017. 25 of these children were aged 3 and under, 20 were 4-6, 17 were 7-10 and 6 were aged 11 and over.

2. SLAB data

3. SCRA statistics[3]

4. Data from Scottish Government[4]

5. SCRA statistics[5]

7. SLAB data

8. SCRA statistics[6]

9. Data from Scottish Government[7]

10. Data from Scottish Government[8]

11. Relationships Scotland and Promoting Positive Contact.

12. Relationships Scotland, Independent contact centres in Aberdeen and Inverclyde.

2. There is no data available from the Scottish Courts and Tribunals Service (SCTS) on age of pursuers and defenders. Therefore, the Scottish Government has relied on data from SLAB which only covers cases where individuals are granted legal aid.

7. There is no data available from SCTS on the age of the child when court processes are initiated.

10. There is no data on the age of the person convicted of an offence based on who the victim of the offence was.

There is no known data gathered on how many children (or adult vulnerable witnesses) are required to give evidence in Children's Hearing cases so we cannot give figures of how many children may be protected by the new provisions

11. There is no information from the independent contact centres in Inverclyde and in Aberdeen.

12. No data from Promoting Positive Contact.

Disability

1. More than half of pursuers reported that they have experienced moderate or severe stress during court action. The provisions in the Bill allowing the courts to authorise the use of special measures to protect vulnerable parties and also prohibiting the personal conduct of case in proceedings involving vulnerable witnesses is likely to reduce levels of stress.

Ensuring the views of the child are heard

2. Research has shown that uncertainty and distress of family breakdown was compounded for children by the lack of involvement in the process. Rates of satisfaction with current arrangements were conversely higher for those who have been consulted. The provisions removing the presumption that a child aged 12 or over is considered mature enough to give their views, aimed at ensuring that the views of younger children are heard, will encourage courts to consult children more widely.

1. Study on Understanding Child Contact Cases in Scottish Sheriff courts[9]

2. Holt, S 2016. The voice of the child in family law: A discussion paper Children & YouthServices Review6

Sex

1. Unpublished statistics from SLAB suggest that 82% of defenders in cases under section 11 of the 1995 Act are female compared to 18% of men. In comparison SLAB statistics suggest that 32% of pursuers are female compared to 68% of men. Therefore, the Bill will affect more women acting as defenders in cases under section 11 of the 1995 and more men acting as pursuers in these cases.

2. 56% of children and young people referred to the Children's Panel are male and 44% are female. Therefore, the provisions in the Bill in relation to Children's Hearings may affect slightly more males than females.

Regulation of child contact centres.

3. 76% of individuals using a child contact centre within the Relationships Scotland network are male. 53 families used the Inverclyde Child Contact Centre in 2016, of which three were to facilitate contact with the mother. In 2017 58 families used the centre, of which nine were to facilitate contact with the mother.

Protecting victims of domestic abuse

4. Research shows that domestic abuse is alleged in half of all court actions over contact raised by a parent in Scotland. Research undertaken by the Ministry of Justice in 2009 showed that 53% of contact and residence cases in England and Wales involved allegations of domestic abuse or concerns about abduction or harm to children.

5. Provisions in the Bill restricting personal conduct of cases in proceedings involving vulnerable witnesses and protecting vulnerable parties through special measures will affect more women than men. Statistics show that in 2017/18 81% of incidents of domestic abuse involved a female victim and male perpetrator compared to 16% of incidents where the victim is male and the perpetrator is female.

6. In addition, research by CAFCASS and Women's Aid in 2017 shows that in England and Wales domestic abuse was alleged in 62% of child contact cases with fathers more likely to be subject of allegations than mothers.

Factors for the court to consider

7. The Bill introduces factors for the court to consider when making an order under section 11 of the 1995 Act. One of the factors is the effect that the order the court is considering to make might have on the involvement of the child's parents in the child's upbringing. This is likely to have a greater impact on men rather than women as statistics from 2010 suggest that 95% of non-resident parents in the UK are men.

Conferral of Parental Responsibilities and Rights

8. The Bill includes provisions giving the Scottish Ministers the power to make regulations in relation to the conferral of parental responsibilities and rights (PRRs) on unmarried fathers where a child's birth is registered overseas and the parent has obtained overseas parental duties, rights or responsibilities in a similar way to obtaining PRRs in Scotland. This provision would specifically affect men as unmarried fathers.

1. SLAB statistics

2. Data from SCRA

3. Data from Relationships Scotland member services and Inverclyde Child Contact centre.

4. Mackay K. 2013. The treatment of the views of children in private law child contact disputes where there is a history of domestic abuse[10]

5. Scottish Government statistics on Domestic Abuse in Scotland[11]

6. CAFCASS and Women's Aid research[12]

7. Equality impact Strengthening families, promoting parental responsibility: the future of child maintenance[13].

 

1. There is no data available from SCTS on the sex of defenders and pursuers.

3. No data is available from the two other independent contact centres.

8. There are no figures on the number of unmarried fathers coming from overseas jurisdictions.

Pregnancy and Maternity

1. Cases under section 11 of the 1995 Act are only likely to be initiated once a child has been born.

1. There is no information on the age of a child when an order under section 11 of the 1995 Act is sought.

Gender Reassignment

1. There is no information on the number of people who have undergone gender reassignment who are applying for an order under section 11 of the 1995

Act.

Sexual Orientation

1. Scottish Government statistics show that in 2017/18 2% of domestic abuse incidents recorded by the police involved two men and 1% involved two women.

Conferral of PRRs

2. The provisions in the Bill giving the Scottish Ministers the power to make regulations in relation to the conferral of PRRs on second female parents where the child's birth is registered overseas is likely to have an impact on second female parents.

This provision covers second female parents who have obtained overseas parental duties, rights or responsibilities in a similar way to how second female parents can obtain parental responsibilities and rights in Scotland. This would mean that in these situations a second female parent will have their parental responsibilities and rights recognised without having to either seek a court order or complete a Parental Responsibilities and Rights Agreement with the mother of the child.

1. Scottish Government statistics on Domestic Abuse in Scotland[14]

2. There is no information available on the number of contact and residence cases involving same sex couples as SCTS and SLAB do not record this data. No further information was forthcoming during the consultation process.

Race

Conferral of PRRs

1. The provisions in the Bill giving the Scottish Ministers the power to make regulations in relation to the conferral of PRRs on second female parents and unmarried fathers where a child's birth is registered overseas may have an impact on different races.

2. NRS statistics suggest that in 2017 the highest EU countries for non-Scottish born residents were:
Poland – 74,000
Republic of Ireland – 24,000 Germany – 23,000
France – 13,000
Latvia – 12,000

3. NRS statistics suggest that in 2017 the highest non-EU countries for non-Scottish born residents were:
India – 27,000
Pakistan – 22,000
Nigeria – 15,000
China – 14,000
USA – 14,000

2. & 3. Population by country of birth and nationality[15]

SCTS and SLAB do not hold information on use of interpreters or the race of parties applying to court.

Religion or Belief

1. Four contact centres that are members of the Relationships Scotland network use religious establishments as a venue for facilitating contact.

2. There is occasional use of church facilities to host Children's Hearings in remote islands.

Marriage and Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices)

N/A

Contact

Email: family.law@gov.scot

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