Scotland's Children

A Brief Guide to The Children (Scotland) Act 1995

6: Long-Term Care

Chapter 4 of Part II provides for Parental Responsibilities Orders. These orders are introduced to enable a local authority to apply to the courts for parental responsibilities for certain children who for various reasons cannot go back to live with their parents and who require long-term care in an alternative setting. This has the effect of transferring the parental responsibilities and rights to the local authority, though the child remains a member of his or her family This complements adoption provisions which establish the child as a member of a new adopted family.

Amendments relating to adoption are contained in Parts II, III and Schedule 2. The key changes are:

• a requirement on local authorities to seek the views of the children's hearing when considering a freeing order or an adoption placement; this will ensure that, when considering an adoption application, the sheriff has information about the children's hearing's views on the most appropriate long-term care plan for the child.
• an obligation on adoption agencies to consider all the options for the long-term care of the child; this will ensure that adoption is not pursued when an alternative course of action would better meet the child's needs.
• a new procedure for step-parents, allowing them to adopt their spouse's child without their spouse also being required to adopt.
• accelerated timetables in contested adoption applications; local authorities will be required to submit an application to the court within a set period where either the parents or children's hearing objects; courts will be required to draw up timetables for the resolution of such cases to ensure that no undue delay occurs.