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  4. Children Bill must be resourced, Justice Committee warns

Children Bill must be resourced, Justice Committee warns

1st May 2020 | family-child law

Plans to change the law on deciding parent-child contact in family breakdown cases have been backed by the Scottish Parliament’s Justice Committee, but with a warning that they may make little practical difference to the lives of children unless they are properly resourced.

In its stage 1 report on the Children (Scotland) Bill the committee supports the general principles of the bill, but suggests a number of potential areas in which the bill could be improved as respects taking children’s views into account.

The bill aims to ensure that the voices of all children (in particular those under 12) are heard in family law cases, to give further protections to the victims of domestic abuse in such disputes, and to change a range of rules around how family breakdowns are handled by authorities, from contact centres to the legal profession.

The report emphasises that the infrastructure to take children's views needs to be strengthened. Specific skills and more creative methods are crucial, particularly when dealing with younger children. And if the law is to have a positive impact, appropriate facilities and practitioners need to be in place across Scotland to ensure that all children who wish to express their views can do so.

Among the committee's recommendations are:

  • a stronger signal in the bill that the views of children under 12 should be heard wherever possible;
  • clarity that no child should feel under pressure to express a view;
  • detailed proposals from the Government, before stage 3, on how it will ensure that the necessary infrastructure and resources are in place to support children, including very young children, to give their views;
  • a commitment to ensuring that children's advocacy is available to all children involved in cases under s 11 of the Children (Scotland) Act 1995;
  • work with stakeholders including children's organisations, the legal profession and the judiciary to develop guidance for decision-makers on options for taking children's views;
  • clarity from the Government, before stage 2, as to how it will address the practical issues raised, particularly by the judiciary, around the proposed duty to explain most decisions to children;
  • expansion of the list of factors for the courts to consider, to include those suggested by the UN Committee on the Rights of the Child;
  • further consideration of whether the bill should be amended to reflect the definition of domestic abuse in the Domestic Abuse (Scotland) Act 2018, which includes coercive control;
  • while agreeing that there should be no presumption in favour of shared parenting, and no right or presumption in favour of contact between grandchildren and grandparents, as these would cut across the welfare principle, the Government should provide further details on the steps it intends to take to promote the Charter for Grandchildren;
  • exploration of whether responsibility for managing lists of child welfare reporters and curators could be retained at a local level, alongside national standards on training and qualifications.

Committee convener Margaret Mitchell MSP commented: "The Committee is persuaded that children’s interests are best served when they are afforded the opportunity to make their views and feelings known to authorities deciding upon their future family situation.

"While members are backing the bill at this stage, they are acutely aware that the law on paper will not change the reality for children and families unless it is properly resourced, and practices change. At present, the committee has concerns around the lack of resources accompanying the bill, and the facilities we currently have in Scotland. Unless these change, the new law may make little practical difference to the lives of families.

"Of course, any implementation of these changes may have to wait until the current response to the COVID-19 outbreak has passed, but we look forward to working with the Government to strengthen the bill in the months ahead to ensure its laudable aims can be met in reality."

Click here to view the report.

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