Question reference: S5O-04853
- Asked by: Claudia Beamish, MSP for South Scotland, Scottish Labour
- Date lodged: 9 December 2020
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Current status: Answered by Ash Denham on 16 December 2020
Question
To ask the Scottish Government what the level is of children's and young people’s participation in the civil courts, and how it monitors the quality of the support that they are given.
Answer
The Children (Scotland) Act 1995 includes a presumption a child aged 12 or over is mature enough to give views as part of any court process on who they live with or have contact with. The Children (Scotland) Act 2020 removes this presumption. The 2020 Act also requires the court to give the child an opportunity to express views in a manner the child prefers or in a suitable manner, if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child’s preference.
The 2020 Act places a duty on Scottish Ministers to ensure the availability of child advocacy services. It also requires Scottish Ministers within five years to review the effect of the Act on children’s ability to participate in family court cases.