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INTRODUCTION
- This guidance document does not constitute the
statutory guidance on parenting orders for which s115
of the 2004 Act provides. Rather it is "advice and
guidance", to assist in the operation of the pilot but
does not have any formal status. Statutory guidance on
parenting orders will be put in place for April 2008,
once we move beyond the pilot phase.
- The Executive commissioned Aberlour Childcare
Trust's Parenting Development Project (working with a
range of partners) to produce a national framework
document to sit alongside the advice and guidance for
the duration of the pilot. This framework document is
designed to ensure consistent practice nationally and
to set standards for assessment and service
provision.
- This advice and guidance and the framework document
are designed for those who will be working with the new
measures, primarily children's reporters, local
authorities and children's panel members. Both the
advice and guidance and the framework document will
evolve as the pilot and parenting practice develop. We
would welcome feedback from those working with the new
measures and using the advice and guidance and
framework document. Please send any comments you may
have to
youth.justice@scotland.gsi.gov.uk.
- As part of the wider programme of support for the
implementation of the Antisocial Behaviour etc
(Scotland) Act 2004, the Executive has set up an advice
line for practitioners on 0800 850 500. The service
provides telephone advice and support on a wide variety
of technical issues, such as when parenting orders
might be used. If you want to find out more information
about the advice line, you can contact the Executive's
Antisocial Behaviour Unit by email at
adviceline@scotland.gsi.gov.uk.
Parental rights and responsibilities
- Sections 1 and 2 of the Children
(Scotland) Act 1995 ("the 1995 Act") set out, in
general terms, the responsibilities and rights of a
parent in relation to their child. These
responsibilities and rights are largely interdependent;
parental rights exist to enable parents to fulfil their
responsibilities. The parent has the
responsibility to safeguard the child's
health, development and welfare and the accompanying
right to have the child living with him or
her, or otherwise to regulate the child's residence in
order so to do; the parent has the
responsibility to provide, in a manner
appropriate to the stage of development of the child,
direction and guidance to the child and the
right to control, direct or guide the child's
upbringing; if the child is not living with them, the
parent has both the
responsibility and the
right to maintain personal relations and
direct contact with the child on a regular basis; and
finally the parent has both the
responsibility and the
right to act as the child's legal
representative.
- Parental rights cease when the child reaches 16, as
do the majority of the responsibilities, save for that
requiring a person to give a child guidance which lasts
until the child is 18. It is worth noting that because
these rights are given in order that parents can fulfil
their responsibilities they can only be exercised so
far as it is practicable and in the best interests of
the child to do so.
- Parental responsibilities and rights are awarded
automatically to a child's mother regardless of her
marital status or age. A child's father will only be
automatically be awarded responsibilities and rights if
he is married to the child's mother either at the time
of the child's birth or subsequently. He can also apply
to court for an order awarding him responsibilities and
rights, or he can acquire these by entering into and
registering an agreement with the child's mother (s4 of
the 1995 Act). Provisions in the Family Law (Scotland)
Bill, which is likely to be enacted in 2005 would
further allow for unmarried fathers to be awarded
parental responsibilities and rights upon joint
registration with the child's mother of the birth.
Parenting orders
- Parenting orders recognise the importance
of the quality of parenting a child receives in
determining his or her future. All parents may need
help and support at some point, whether their children
are very young or in their teens. The Scottish
Executive believes strongly in the importance of
providing that support. It recognises that being a
parent is often the most challenging and rewarding task
which anyone will undertake and while most parents
carry out their parenting role effectively, additional
support may be required for those parents who have
additional needs.
- Parenting orders are about the behaviour of parents
and getting them to change their behaviour in respect
of their child, and to take responsibility. They are
not about punishing parents, but are about providing
the help and support that parents need to change their
behaviour. Most parents do want the best for their
children, even if they cannot provide it themselves.
Parenting orders will introduce compulsory measures
designed to support people to improve their parenting
where they have been identified as needing help with
their parenting skills.
- The Executive consulted on the use of parenting
orders as part of the consultation on its Antisocial
Behaviour Strategy,
Putting our communities first. The responses
showed that there is general agreement across Scotland
about the importance of parenting. There is less
universal agreement about the need to introduce
parenting orders in Scotland. However, having
considered the comments received Ministers remained of
the view that parenting orders would be a useful tool
in improving the position of children who are not
getting the support they need from their parents. As
envisaged in the consultation paper, and following
strong support expressed by consultees, Ministers are
clear that parenting orders should only be imposed
where a parent has been offered support on a voluntary
basis and has refused to engage with that support and
where their behaviour is having a negative impact on
their child.
- Part 9 of the Antisocial Behaviour (Scotland) Act
2004 ("the 2004 Act") makes provision for parenting
orders. S117 of the Act provides that a "parent", ie
those who could be subject to a parenting order - is a
relevant person as defined in section 93(2)(b) of the
1995 Act. The definition of relevant persons includes
those persons who have parental responsibilities and
rights either automatically or as a result of a court
order and those persons who ordinarily have charge of
or control over a child. S117 also provides that a
'child' for these purposes is someone under the age of
16. Throughout this guidance any reference to parent
means parent as defined above.
- Parenting orders will be introduced across Scotland
following commencement of the relevant provisions in
the 2004 Act on 4 April 2005. Implementation will be by
way of a three year "national pilot". The pilot will
focus on systems and practice for the operation of
parenting orders rather than the principle.
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