Information relating to parental alienation: FOI release

Information requested

What was the specific factor relating to parental alienation that was considered not appropriate to include the recognition of parental alienation in the Children Scotland Bill?

Response

The consultation on the Review of the Children (Scotland) Act 1995 the Scottish Government sought views on whether more should be done to prevent a child being turned against a parent. 

The consultation document, responses we have permission to publish and the analysis of consultation responses are at: https://www2.gov.scot/Topics/Justice/law/17867/review-ofchildren-scotland-act-1995

The Scottish Government decided not to include preventing a child being turned against a parent in the list of factors the court has to consider when deciding whether to make an order under section 11 of the 1995 Act as:

• A statutory requirement to consider this in every case is not appropriate; and
• The Children (Scotland) Act 2020 does require the court to consider the effect of its decision on the involvement of the parents in bringing the child up.

The Act is available at: Children (Scotland) Act 2020 (legislation.gov.uk) The list of factors for the court to consider before making an order is at section 16 of the Act.

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