Publication - FOI/EIR release

Children (Scotland) Act 2020 statutory process: FOI release

Published: 21 Apr 2021

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

Published:
21 Apr 2021
Children (Scotland) Act 2020 statutory process: FOI release
FOI reference: FOI/202100168214
Date received: 3 Mar 2021
Date responded: 29 Mar 2021
Information requested

What statutory processes and investigatory powers are recorded by the Scottish Government as being put in place under the Children (Scotland) Act 2020 such that a child that is being coercively controlled, psychologically manipulated or placed in stressful “double binds” can be identified by a court or a suitably qualified medical practitioner (e.g. child psychologist).

Response

Section 101A of the Children (Scotland) Act 1995 inserted by section 9 of the Children (Scotland) Act 2020 (the 2020 Act) requires the Scottish Ministers to establish and maintain a register of persons who may be appointed to act as a child welfare reporter. The Scottish Ministers may by regulations make provision for or in connection with the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications). We have launched a consultation on the register of child welfare reporters.We are seeking views on whether all individuals should have an understanding the ways adults can influence a child and have regular training on this area. The consultation is available at the link below:
Registers of child welfare reporters, curators ad litem and of solicitors who may be appointed when an individual has been prohibited from conducting their case themselves - Scottish Government - Citizen Space (consult.gov.scot)

In addition, section 16 of the Children (Scotland) Act 2020 (the 2020 Act) involvement of the child's parents in bringing the child up as an additional factor for the court to consider when it is deciding whether or not to make an order under section 11 of the Children (Scotland) Act 1995.

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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
EH1 3DG