background and Overview to Scotlands Children



Scotland's Children *A Brief Guide to The Children (Scotland) Act 1995* *1: Background and Overview* The Children (Scotland) Act 1995 marks a significant stage in the development of legislation on the care of children. Centred on the needs of children and their families, it defines both parental responsibilities and rights in relation to children. It sets out the duties and powers available to public authorities to support children and their families and to intervene when the child's welfare requires it. This guide is designed as a public information document, to assist understanding of its main provisions and their significance for children. It addresses a wide range of readers, but is no substitute for the Act itself, which carries the authority of law as determined by Parliament. It outlines the most important changes that the Act introduces for children and young people in Scotland. The Act received the Royal Assent on 19 July 1995. Many of its provisions will require the preparation of regulations, rules and guidance before they are introduced. The Government have therefore decided to implement the Act in 3 phases. The content and timing of those phases are set out in Annex 1. Once implemented, the Act will largely replace those provisions of the Social Work (Scotland) Act 1968 which relate to children and will amend the Adoption (Scotland) Act 1978. In relation to day care for young children, it is complemented by the provisions of the Children Act 1989. CONTENT AND STRUCTURE The Act itself contains 105 sections and 5 schedules. It embraces public and private law relating to children and is the outcome of the Government's White Paper 'Scotland's Children' (Cm 2286) published in August 1993, which in turn drew upon a number of reviews and reports which are summarised in Annex 2. The Act is divided into four main parts Part I deals with the responsibilities and rights of parents and guardians towards children and decisions about family matters, for example, where children should live when parents separate. Part II deals with the promotion of children's welfare by public authorities such as local authorities, and the operation of the Children's Hearings System. Part III makes amendments to the law on adoption of children. Part IV makes general and supplemental provision in relation to the Act. PRINCIPLES AND THEMES The Act incorporates provisions which conform to, and in some cases surpass, commitments under the UN Convention on the Rights of the Child. It also takes account of obligations under the European Convention on Human Rights. Essentially; the Act is founded on the principles that each child has a right to be treated as an individual each child who can form his or her views on matters affecting him or her has the right to express those views if he or she so wishes parents should normally be responsible for the upbringing of their children and should share that responsibility each child has the right to protection from all forms of abuse, neglect or exploitation in decisions relating to the protection of a child every? effort should be made to keep the child in the family home any intervention by a public authority in the life of a child should be properly justified and should be supported by services from all relevant agencies working in collaboration In support of these principles three main themes run through the Act the welfare of the child is the paramount consideration when his or her needs are considered by courts and children's hearings no court should make an order relating to a child and no children's hearing should make a supervision requirement unless the court or hearing considers that to do so would be better for the child than making no order or supervision requirement at all the child's views should be taken into account where major decisions are to be made about his or her future. Annex 3 sets out key terms used in the Act. where they first appear in the text, they are printed in italics.