Register of Child Welfare Reporters: FOI release

Information requested

Information in relation to Section 9 of the Children (Scotland) Act 2020 (the 2020 Act), which inserts Section 101A into the Children (Scotland) Act 1995 and places a statutory duty on Scottish Ministers to establish and maintain a register of Child Welfare Reporters (CWRs)

Response

1. WORK PROGRAMME AND PROGRESS RECORDS

You asked for all records created or held by the Scottish Government since 1 January 2022 that document the work programme, project plan, or implementation timetable for establishing the register of child welfare reporters.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why we don't have the information is that no records documenting the work programme, project plan, or implementation timetable for establishing the register of child welfare reporters have been created since 1 January 2022 and the date of your request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested in this regard.

However, you may also be interested to know that the Scottish Government set up a short-life Working Group on Child Welfare Reporters. The remit of the Group includes considering the work needed to implement the register of child welfare reporters under the 2020 Act. The Group will produce an implementation plan for this work to be progressed in the next session of the Scottish Parliament.

You may also be interested to know that the Scottish Government has been providing regular updates to the Equalities, Human Rights and Civil Justice Committee | Scottish Parliament Website on unimplemented legislation, including the Children (Scotland) Act 2020. The most recent update on 6 March 2026 and previous updates can be accessed here: Non-implementation of legislation | Scottish Parliament Website.

2. DRAFT REGULATIONS

You asked for confirmation of whether draft regulations under section 101A(3) of the 1995 Act (as inserted by section 9 of the 2020 Act) have been prepared. I can confirm that no draft regulations have yet been prepared.

3. INTERNAL CORRESPONDENCE ON DELAY

You asked for all internal briefings, submissions to Ministers and ministerial correspondence (including between the Family Law Unit and Ministers or Special Advisers) since 1 January 2022 that discuss:

1. the reasons for delay in establishing the CWR register;
2. any revised timetable for establishing the CWR register;
3. any decision to deprioritise or postpone establishment of the CWR register.

I enclose some of the information you requested in pdf format. Please see attachments:

• Information for release - redacted - part 1a
• Information for release - redacted - part 1b
• Information for release - redacted - part 2

While our aim is to provide you information wherever we can, on this occasion we are unable to provide you with some of the information you have requested as statutory exemptions under FOISA apply.
Details on what exemptions apply and why can are set out below.

Section 25(1) - information otherwise accessible

Some of the information you have requested is exempt under s25(1) of FOISA (otherwise accessible) as it relates to information that has been published. In this instance there is information that relates to Scottish Parliamentary Questions and also to correspondence with the Equalities, Human Rights and Civil Justice Committee of the Scottish Parliament. This information is accessible on the Scottish Parliament website:

Questions and answers | Scottish Parliament Website
Equalities, Human Rights and Civil Justice Committee | Scottish Parliament Website

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Section 30(b)(i) & Section 30(b)(ii) - free and frank provision of advice/exchange of views These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials, and for Ministers and officials to have a private space within which to discuss issues with external stakeholders before reaching a settled public view. Disclosing the content of such advice/discussions will substantially inhibit the free and frank provision of advice and/or exchange of views in the future. Taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers to fully inform decision-making and within in which to communicate with external stakeholders as part of process of exploring both the positions of the government and the stakeholders on the issue. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest. Disclosure is also likely to undermine the full and frank discussion of issues between Ministers and officials and stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) - personal data relating to third party

Some of the information you have requested is exempt under s38(1)(b) of FOISA (personal information) as it relates to third party personal data. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

4. PROCUREMENT AND EXTERNAL BODY

You ask for any records relating to procurement activity, market testing, or discussions with potential managing bodies regarding operation and management of the CWR register since 1 January 2022.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why we don't have the information is that no procurement activity, market testing or discussions with potential managing bodies regarding operation and management of the CWR register have taken place since 1 January 2022. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested in this regard.

5. BUDGET AND RESOURCE ALLOCATION

You ask for records showing any budget allocation, expenditure, or staff resources (expressed as FTE or equivalent) assigned specifically to the implementation of the CWR register for each financial year from 2021-22 to 2025-26 inclusive.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why we don't have the information is that there has been no budget allocated or expenditure or staff resource assigned which related specifically to implementation of the CWR register in any of those financial years. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested in this regard.

6. STAKEHOLDER ENGAGEMENT SINCE CONSULTATION

You ask for records of any meetings, working groups, or formal engagement with stakeholders (including the Scottish Civil Justice Council, the Family Law Committee, Sheriffs Principal, the Law Society of Scotland, Children 1st, or the Children and Young People's Commissioner Scotland) specifically concerning the establishment of the CWR register since 1 January 2022.

I enclose some of the information you requested in pdf format. Please see attachments:

• Information for release - redacted - part 3
• Information for release - redacted - part 4

While our aim is to provide you information wherever we can, on this occasion we are unable to provide you with some of the information you have requested as statutory exemptions under FOISA apply.
Details on what exemptions apply and why can are set out below.

Section 27(1) - information intended for future publication

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information within 12 weeks of the date of your request, here: Child Welfare Reporter Working Group - gov.scot. We consider that it is reasonable to withhold the information until that time, rather than release this information before the formal meetings of the short-life working group have come to an end. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because the working group is intended to be transparent, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure all of the information has been properly collated and checked once the formal meetings of the short-life working group have come to an end. Also, we see no public interest in releasing the information ahead of the intended plan for publication.

Section 30(b)(i) & Section 30(b)(ii) - free and frank provision of advice/exchange of views These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials, and for Ministers and officials to have a private space within which to discuss issues with external stakeholders before reaching a settled public view. Disclosing the content of such advice/discussions will substantially inhibit the free and frank provision of advice and/or exchange of views in the future. Taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers to fully inform decision-making and within in which to communicate with external stakeholders as part of process of exploring both the positions of the government and the stakeholders on the issue. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest. Disclosure is also likely to undermine the full and frank discussion of issues between Ministers and officials and stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) - personal data relating to third party

Some of the information you have requested is exempt under s38(1)(b) of FOISA (personalinformation) as it relates to third party personal data. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

7. IMPACT OF NON-IMPLEMENTATION

You asked for any records of assessments, briefings, or analysis produced by or for the Scottish Government since 1 January 2022 that consider the impact on children of the CWR register not being established, including any Child Rights and Wellbeing Impact Assessment (CRWIA) conducted in relation to the decision to delay commencement.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why we don't have the information is that no such assessments, briefings or analysis has been produced by or for the Scottish Government in that period. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested in this regard.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600506694 - Information released - Annex

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