Written Question · S4W-17021 · Session 4
What rights members of a child's extended family have in relation to concerns about the child's welfare.
The question
To ask the Scottish Government what rights members of a child's extended family have in relation to concerns about the child's welfare.
The answer
The Scottish Government recognises and appreciates the role that the wider family can play in children’s lives. The position on rights depends on the precise concerns the extended family have about the child’s welfare.
Under section 11 of the Children (Scotland) Act 1995, a person with an interest in a child, including a family member, may apply to the courts for parental responsibilities and rights in respect of a child and for court orders on matters such as residence or contact with the child. When considering whether or not to make an order under section 11, the court must regard the welfare of the child as its paramount consideration.
The Children and Young People (Scotland) Bill, currently before the Parliament, makes provision for additional support to be provided, by the local authority, to family members and others who apply for certain types of orders under section 11 of the 1995 Act.
We would urge anyone, including family members, who may have child protection concerns to raise these with the police or with social work departments.
Any person, including a family member, who has concerns about a child’s welfare has the right to make a referral to the Children’s Reporter.
Under the Children’s Hearings (Scotland) Act 2011, where members of a child’s extended family have relevant person status, or deemed relevant person status, they are entitled to participate fully in any hearing held for the child. They also have a right of appeal where they disagree with the hearing’s decision, and the right to ask for any order made to be reviewed after three months.
Additionally, a person who does not have relevant person status may be invited, at the discretion of the panel, to participate in a hearing.
Finally, section 126 of the 2011 Act also provides certain rights of participation at specified review hearings for individuals who are not relevant persons but who have rights of contact with the child under a contact or permanence order.
Under section 11 of the Children (Scotland) Act 1995, a person with an interest in a child, including a family member, may apply to the courts for parental responsibilities and rights in respect of a child and for court orders on matters such as residence or contact with the child. When considering whether or not to make an order under section 11, the court must regard the welfare of the child as its paramount consideration.
The Children and Young People (Scotland) Bill, currently before the Parliament, makes provision for additional support to be provided, by the local authority, to family members and others who apply for certain types of orders under section 11 of the 1995 Act.
We would urge anyone, including family members, who may have child protection concerns to raise these with the police or with social work departments.
Any person, including a family member, who has concerns about a child’s welfare has the right to make a referral to the Children’s Reporter.
Under the Children’s Hearings (Scotland) Act 2011, where members of a child’s extended family have relevant person status, or deemed relevant person status, they are entitled to participate fully in any hearing held for the child. They also have a right of appeal where they disagree with the hearing’s decision, and the right to ask for any order made to be reviewed after three months.
Additionally, a person who does not have relevant person status may be invited, at the discretion of the panel, to participate in a hearing.
Finally, section 126 of the 2011 Act also provides certain rights of participation at specified review hearings for individuals who are not relevant persons but who have rights of contact with the child under a contact or permanence order.
In the Official Report
No contribution in the Official Report cites S4W-17021 by reference.