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Footnotes for Chapter 6: Former residents' experiences
1 See **** (references)
2 See World Report on Violence Against Children (2007)
http://www.violencestudy.org/IMG/pdf/I._World_Report_on_Violence_against_Children.pdf
3 Ibid
4 Ibid
5 Ibid
6 Ibid
7 See The Commission to Inquire into Child Abuse Act 2000
8 See references as per records special report
9 Hall, M (2002). Law Commission of Canada, Restoring Dignity: Responding to Child Abuse in Canadian Institutions in The International Journal of Children's Rights, Vol 10:3, pp 295-302
10 See Indian Residential Schools Settlement,
http://www.residentialschoolsettlement.ca/English.html
11 See Mandate for Truth and Reconciliation Commission,
http://www.residentialschoolsettlement.ca/SCHEDULE_N.pdf
12 Ibid
13 This former resident learned that he was born to his mother during the war when her husband was away. When her husband returned, this former resident was placed in the children's home. Originally the former resident was given a modified birth certificate and then, in 1972, he was sent his original birth certificate. This doesn't show his correct father's name, but the name of his mother's husband. This former resident was told in 1972 that there was no information about whether his parents were alive, or not, or whether he had any relatives.
14 This is based on information from survivors who spoke to the review and by a submission made by a former resident.
15 See regulatory framework in Chapter 2
16 Children and young people came under this definition if they had no parent or guardian, if the parent or guardian was "unfit", if they were falling into bad associations, being exposed to moral danger or beyond control: Section 65 of the Children and Young Persons (Scotland) Act 1937, repealed by Schedule 9 of the Social Work (Scotland) Act 1968 c.49
17 The Children Act 1948, s1. Later repealed by the Social Work (Scotland) Act 1968, and replaced by s15(1), in turn later repealed by Sch 5 of the Children (Scotland) Act 1995
18 The Children Act 1948, ss13 and 15, as amended by the Social Work (Scotland) Act 1968
19 The Children and Young Persons (Scotland) Act 1937, s61. Repealed by the Social Work (Scotland) Act 1968, Schedule 9
20 ibid s62, as amended by the Criminal Justice (Scotland) Act 1949, the Social Work (Scotland) Act 1968, and the Criminal Procedure (Scotland) Act 1995
21 ibid s65.
22 For example, various provisions contained in The Mental Deficiency and Lunacy (Scotland) Act 1913, the Mental Deficiency (Scotland) Act 1940, and the Mental Health (Scotland) Act 1960. For later provisions see The Mental Health (Scotland) Act 1984
23 The Children and Young Persons (Scotland) Act 1937, s81(3). Replaced and repealed by the Social Work (Scotland) Act 1968, Sch 9
24 Initially The Children and Young Person (Scotland) 1937, s79, and The Children Act 1948, s3; and later the Social Work (Scotland) Act 1968, the Children Act 1975, and the Children (Scotland) 1995
25 The Mental Health (Scotland) Act 1960, s10
26 For approved schools specifically see The Children and Young Persons (Scotland) Act 1937, Sch 2 paragraph 12(1). This extended to being under a duty to provide for your clothing, maintenance and education while in care: paragraph 12(2)
27 SI 1933/1006 paragraph 19
28 SI 1961/2243 paragraph 35. Postage stamps were to be provided free for this, once a week, by the managers. See later SI 1987/2233
29 ibid
30 ibid
31 The Administration of Children's Homes (Scotland) Regulations 1959 SI 1959/834
32 SI 1959/834 paragraph 17. The Secretary of State could also give directions as to the provision of such facilities
33 The Remand Home (Scotland) Rules 1946 SI 1946/693, paragraph 14
34 The Children and Young Persons (Scotland) Act 1937, s106, and Sch 2 para 6(2); see later the Social Work (Scotland) Act 1968
35 SI 1933/1006 paragraph 24
36 SI 1961/2243 paragraph 48
37 See The Children Act 1948, s54, and The Children and Young Persons (Scotland) Act 1937, s106
38 The Mental Deficiency and Lunacy (Scotland) Act 1913 s24
39 The Mental Health (Scotland) Act 1960, s17
40 ibid s17(3)
41 The Mental Health (Scotland) Act 1984
42 The National Assistance Act 1948, s39(1)
43 The Children and Young Persons (Scotland) Act 1937 s82(3), as amended by the Criminal Justice (Scotland) Act 1949, and later incorporated into the Social Work (Scotland) Act 1968
44 SI 1933/1006 paragraph 2; SI 1961/2243 paragraph 2(1)
45 SI 2146/1947 paragraph 27
46 ibid. Indeed, where a local authority took action on such a report, they were required to send a copy of the report to the Secretary of State together with a note of such action
47 SI 1959/834 paragraph 2
48 SI 1987/2233 paragraph 23(a)
49 See the Mental Health (Scotland) Act 1960 and 1984
50 The Remand Home (Scotland) Rules 1946 SI 1946/693, paragraph 19
51 ibid
52 SI 1933/1006; SI 1961/2243; and later The Social Work (Residential Establishments - Child Care) (Scotland) Regulations 1987 (1987/2233)
53 ibid
54 SI 1959/834 paragraph 6, and later SI 1987/2233
55 ibid paragraph 7
56 The Remand Home (Scotland) Rules 1946 SI 1946/693, paragraph 9
57 SI 1961/2243 paragraphs 18 and 19
58 ibid paragraph 19 (1)
59 SI 1933/1006; SI 1961/2243; and later 1987/2233
60 SI 1961/2243
61 SI 1959/834 paragraph 8
62 The Social Work (Residential Establishments - Child Care) (Scotland) Regulations 1987 (1987/2233)
63 SI 1946/693
64 See, for example, the Mental Health (Scotland) Act 1960, The National Assistance Act 1948 and the various Education (Scotland) acts
65 The Children and Young Persons (Scotland) Act s12, later amended
66 Contained in the various statutes on sexual offences, and to some degree in the Children and Young Persons (Scotland) Act 1937
67 SI 1933/1006; SI 1961/2243
68 SI 1933/1006 paragraph 13
69 SI 1961/2243 paragraphs 28-30
70 SI 1961/2243 paragraph 33
71 SI 1933/1006 paragraph 11
72 ibid paragraph 15
73 ibid
74 ibid paragraph 11
75 SI 1961/2243 paragraph 31
76 ibid paragraph 29
77 SI 1959/834 paragraph 10(2) and (3)
78 ibid paragraph 11
79 ibid paragraph 11(b)
80 As a result of the decision in Campbell v Cosans (1982) 4 EHRR 293, subsequent amendments to the Act (see s40A) provided that the former right of teachers to administer corporal punishment was no longer justified.
81 1987/2233 paragraphs 5 and 10
82 The Remand Home (Scotland) Rules 1946 SI 1946/693, paragraph 17
83 ibid paragraph 18
84 ibid s83(2)
85 The Children and Young Persons (Scotland) Act 1937, Schedule 2 paragraph 6(2) and 9
86 The Children and Young Persons (Scotland) Act 1937, s62, as amended by the Criminal Justice (Scotland) Act 1949, the Social Work (Scotland) Act 1968, and the Criminal Procedure (Scotland) Act 1995
87 SI 1933/1006 paragraph 51; SI 1961/2243 paragraph 26
88 The Criminal Justice (Scotland) Act 1963, s2(1)
89 ibid s22
90 SI 1933/1006 paragraph 8, and SI 1961/2243 paragraph 5
91 The Children and Young Persons (Scotland) Act 1937, s106
92 SI 1961/2243 paragraph 49
93 ibid Schedule 2, paragraph 6. This was recognised as being a duty by counsel for the Lord Advocate (as modern representative for the SED) in M v Hendron 2005 SLT 1122
94 SI 1961/2243 paragraph 29
95 ibid paragraph 34
96 SI 1933/1006 paragraph 7, and SI 1961/2243 paragraph 4
97 The Children Act 1948, s15(4)
98 ibid s15(5)
99 The Children and Young Persons (Scotland) Act 1937, s99. Repealed by s29(9) of the Children Act 1948
100 The Children Act 1948, s29(9)
101 ibid s16
102 The Children and Young Persons (Scotland) Act 1937, s98 and s106
103 The Children Act 1948 s29(1)
104 SI 2146/1947
105 SI 1959/834 paragraph 3
106 ibid paragraph 16
107 ibid paragraph 9(3)
108 ibid paragraph 17. The Secretary of State could also give directions as to the provision of such facilities
109 SI 1952/1836
110 The Mental Deficiency and Lunacy (Scotland) Act 1913, s24
111 The Mental Health (Scotland) Act 1960 s17
112 The National Assistance Act 1948, s40
113 The Mental Health (Scotland) Act 1984, s3
114 The National Assistance Act 1948, s40
115 ibid s39
116 The Children and Young Persons (Scotland) Act 1937, s82(3), as amended by the Criminal Justice (Scotland) Act 1949. Later repealed by the Social Work (Scotland) Act 1968
117 The Criminal Justice (Scotland) Act 1949, s51(1), applying s83 and s109 of the Children and Young Persons (Scotland) Act 1937
118 The Criminal Justice (Scotland) Act 1949, s51(3)
119 SI 1946/693 paragraph 9 and 11
120 ibid paragraph 17(b)
121 The Social Work (Scotland) Act 1968 s22
122 The Social Work (Scotland) Act 1968, s60 (1). Section 60 was amended by the National Health Service (Scotland) Act 1978, s109, Sch 16, para 29, and the Health and Social Services and Social Security Adjudications Act 1983, s8(3). Repealed by the Regulation of Care (Scotland) Act 2001, s80(1), Sch4
123 The Social Work (Scotland) Act 1968, s67
124 The Children (Scotland) Act 1995
125 The Social Work (Scotland) Act 1968, s6A, as amended by the Children (Scotland) Act 1995, Sch 4, s15
126 ibid Schedule 7
127 SI 1983/1912 paragraph 3
128 ibid paragraph 16(2)
129 Paulo Sergio Pinheiro, Independent Expert for the United Nations Secretary General's Study on Violence against Children,
see http://www.violencestudy.org/r25
130 See http://www.violencestudy.org/IMG/pdf/English-2-2.pdf
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