Publication - FOI/EIR release

Information relating to parental alienation: FOI release

Published: 1 Mar 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
1 Mar 2021
Information relating to parental alienation: FOI release
FOI reference: FOI/202100132015
Date received: 1 Jan 2021
Date responded: 27 Jan 2021
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.

About FOI

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
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