Protection provided to domestic abuse victims under the Children (Scotland) Act 2020: FOI release

Information requested

Please detail the recorded process whereby the Children (Scotland) Act 2020 (the Act) gives protection to  victims of domestic abuse who have had false police reports made at a Multi- Agency Risk Assessment Conference (MARAC) and that false information [that would preclude any child access (residential or contact) if it came before a Family Court as evidence] has been recorded on the Local Authority Council Children’s Services social work system?

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. If a party to a family court case considers the court has been given inaccurate or false information, the party should raise this in the court case.

The Children (Scotland) Act 2020  (the 2020 Act) does not contain specific provision on the points you raise. One of the key aims of the 2020 Act is to protect victims of domestic abuse and their children The 2020 Act establishes a register of child welfare reporters. A person would only be eligible to be a child welfare reporter if they meet minimum standards in relation to training and qualification as set down in regulations. The Scottish Government plans to launch a consultation on what those standards should be in 2021. The standards are likely to include an understanding of domestic abuse and coercive control.

The 2020 Act also gives the court the power to order a range of special measures such as a screen or a supporter if attending or participating in a child welfare hearing is likely to cause distress which could be alleviated by use of a special measure.

The 2020 Act also introduces a prohibition on personal conduct of a case where a person has committed a specified offence against a witness in a section 11 case.

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