Child contact services - regulation: consultation

The Children (Scotland) Act 2020 gives the Scottish Ministers the power to regulate child contact centres. This consultation seeks views on various aspects of what regulation of child contact centres would look like.


Annex E: Draft Child's Rights and Wellbeing Impact Assessment (CRWIA)

CRWIA Stage 1

1. Name the policy, and describe its overall aims.

The Children (Scotland) Act 2020 gives the Scottish Ministers the power to set by regulations minimum standards for accommodation and staff training at child contact centres. Child contact centres are safe venues for conflict-free contact between children, parents, and other people in the child's life.

The policy aim is that by establishing minimum standards the outcomes for children using child contact centres will be improved and that children will be protected when they are referred to a child contact centre.

The 2020 Act also gives the Scottish Ministers the power to appoint a body to oversee regulation. The body will be responsible for registering services that meet the standards, carrying out inspections and handling complaints.

2. What aspects of the policy/measure will affect children and young people up to the age of 18?

This policy will ultimately affect the children and young people who use the services of child contact centres. Child contact centres are used by children and young people to maintain contact with a parent or other family member where it is not possible for this to take place in another location.

Child contact centres offer a mixture of supported and supervised contact. Supported contact is where centres provide the facilities for the contact session and record that the contact took place, but not details of how it went. Supervised contact is where contact takes place in the constant presence of an independent person who observes and ensures the safety of those involved. Details may be reported back to the court. Child contact centres also facilitate handovers of children between a person with whom they are living to another person with whom they are not or will not be living.

3. What likely impact – direct or indirect – will the policy/measure have on children and young people?

The proposed standards of accommodation and staff training will have a direct impact on children using child contact centres. The aim of the proposed standards for accommodation and staff training is to improve the experiences of children using child contact centres and ensure better outcomes for children. For example, the standards will aim to ensure child contact centre premises continue to be safe, secure and child-friendly and that there is access to age appropriate play equipment that is in good condition. It is proposed that the standards for staff training will include areas such as child protection and child development.

4. Which groups of children and young people will be affected?

The policy will affect all children and young people who engage with child contact services.

However, the policy is likely to have a greater effect on younger children. Figures from Relationships Scotland, whose member services operate 42 out of the 45 child contact centres in Scotland, showed that in 2018/19 65% of children using the service were 0-4 years old, 24% were 5-8 years old, 8% were 9-12 years old, and 3% were 13-16 years old.

The policy is also likely to have more of an impact on children who have experienced domestic abuse and those involved in court proceedings about the arrangements for their upbringing.

5. Will this require a CRWIA?

Explain your reasons.

Yes. This policy directly affects children and young people.

CRWIA Declaration

Tick relevant section, and complete the form.

CRWIA required / CRWIA not required

Yes

Authorisation

Policy lead

Name, title, division (or equivalent)

To be completed in Final Version

Date

Deputy Director or equivalent

Name, title, division (or equivalent)

To be completed in Final Version

Date

CRWIA Stage 2: The CRWIA – key questions

1. Which UNCRC Articles are relevant to the policy/measure?

List all relevant Articles of the UNCRC and Optional Protocols. All UNCRC rights are underpinned by the four general principles: non-discrimination; the best interests of the child; the right to life, survival and development; and the child's right to have their views given due weight.

Article 1

Is relevant because the regulation of child contact centres directly affects children and young people who are at the centre of a case under section 11 of the Children (Scotland) Act 1995 (the 1995 Act). Under the 1995 Act parental responsibilities and rights (PRRs) generally last until the child is 16 with the parental responsibility to provide guidance, in a manner appropriate to the stage of development of the child, lasting until the child is 18.

Article 2

Is relevant because the regulations for child contact centres may confer on the body appointed to oversee regulation the function of issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people.

Article 3

Is relevant because one of the key aims of regulating child contact centres is to ensure that the best interests of the child remain at the heart of every case.

The regulations for child contact centre accommodation and staff training will ensure child contact services are subject to appropriate standards. We have suggested that the standards relating to accommodation should include that premises are safe and secure locations for children to have contact. We have suggested that the standards for staff training should include the impact of domestic abuse on a child, child protection, and the ways in which a parent can influence a child.

Article 6

Is relevant in relation to further protection of children and young people from domestic abuse. We have proposed that the training requirements set out in the standards for child contact centre staff should include an understanding of domestic abuse, particularly the dynamic of coercive control, and of child protection.

Article 7

Is relevant because one of the key aims of regulating child contact centres is to ensure that there are safe and child-friendly venues where a child and a parent, or other family member, who doesn't live with the child are supported to have and maintain contact with each other. A child contact centre may be the only way a child can safely have contact with one of their parents.

We have proposed that the training requirements set out in the standards for child contact centre staff should include understanding the ways adults can influence a child. This understanding could be useful when child contact centre staff are providing a report to the court on how a child's contact with a parent or other adult in their life has progressed.

Article 8

Is relevant because one of the key aims of regulating child contact centres is to ensure that there are safe and child-friendly venues where a child and a parent, or other family member, who doesn't live with the child are supported to have and maintain contact with each other. A child contact centre may be the only way a child can safely have contact with one of their parents.

We have proposed that the training requirements set out in the standards for child contact centre staff should include understanding how an adult can influence a child. This could be relevant particularly in relation to supervised contact, where the child contact centre may report back to the court.

Article 9

Article 9(1) is relevant because we have proposed that the training requirements in the standards for child contact centre staff include an awareness of domestic abuse including coercive control; an understanding of how an adult can influence a child; and child protection. This could be relevant particularly in relation to supervised contact, where the child contact centre may report back to the court.

Article 9(3) is relevant because one of the key aims of regulating child contact centres is to ensure that there are safe and child-friendly venues where a child and a parent or other adult who they don't live with are supported to have and maintain contact with each other. A child contact centre may be the only way a child can safely have contact with one of their parents.

We have proposed that the training requirements set out in the standards for child contact centre staff should include an awareness of domestic abuse, particularly the dynamic of coercive control, an understanding of how an adult can influence a child; and child protection. This training could be useful particularly in relation to supervised contact, where the child contact centre may report back to the court.

Article 12

Is relevant because a key aim of the regulation of child contact services is that there will be a child-friendly complaints mechanism in place so that children and young people using child contact centres can raise concerns.

Article 16

Article 16 is relevant because the training requirements set out in the standards for child contact centre staff and volunteers will ensure that they are suitable trained in matters such as families in conflict and confidentiality. The consultation also sets out a proposed complaints procedure if individuals, including children, are unhappy with staff at a child contact centre.

Article 18

Is relevant because one of the key aims of regulating child contact centres is to ensure that there are safe and child-friendly venues where a child and a parent, or other family member, who doesn't live with the child are supported to have and maintain contact with each other. A child contact centre may be the only way a child can safely have contact with one of their parents.

Article 19

We have proposed that the training requirements set out in the standards for child contact centre staff should include an awareness of domestic abuse, particularly the dynamic of coercive control; an understanding of how an adult can influence a child; and child protection. This training could be useful particularly in relation to supervised contact, where the child contact centre may report back to the court.

We have also proposed that the training requirements set out in the standards for child contact centre staff should include an awareness of other services that are available for children and young people, for example, child advocacy services or counselling services for children.

Article 23

Is relevant. Under the proposed regulations, the Scottish Ministers may confer on the person appointed to oversee child contact centre regulation a function to issue reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people.

It is also proposed that child contact centre staff should be trained in child development, including learning disabilities and developmental disorders, as a minimum standard under the regulations.

Article 30

Is relevant because we have proposed that the training requirements set out in the standards for certain child contact centre staff should include working with families where English is not their first language.

2. What impact will the policy/measure will have on children's rights?

Positive/negative/neutral

The proposed regulation of child contact services will have a positive impact on children's rights. Regulating to establish minimum standards for child contact services will help ensure all child contact centres remain safe locations for children to have contact with a parent (or other family member) and that children will be protected where they are referred to a child contact centre. Establishing minimum standards will help ensure the best interests of children remain at the centre of contact cases and that the best outcomes for children using child contact centres will be achieved.

It is also proposed that a body will be appointed to oversee regulation and ensure the minimum standards are met and that the best outcomes for children are maintained. This will include including carrying out regular inspections and issuing reports. It is also proposed that there will be a child-friendly complaints process should a child wish to raise concerns about a child contact service.

It is proposed that the accommodation standards for child contact centres will ensure they remain safe and secure premises for children to have contact with a parent or other family member. The standards will help ensure premises are welcoming, clean, bright and well maintained with adequate space and with age appropriate play equipment and facilities to meet the needs of children using the centres.

It is proposed that the standards on staff training will help ensure staff and volunteers have the appropriate training to facilitate contact services safely and to provide support to children who are accessing their contact services. This will help ensure the best outcomes for children using child contact centre services.

3. Will there be different impacts on different groups of children and young people?

Which groups of children will be affected by the policy/measure? Are there competing interests between different groups of children and young people, or between children and young people and other groups?

Children and young people of all ages will be affected, in particular those with separated parents and those involved in court proceedings about the arrangements for their upbringing. Children who have experience of domestic abuse may also be affected.

The proposed regulation may have more of a positive impact on younger children than older children, because there tends to be a higher number of families with younger children using child contact services. In 2018/19, Relationships Scotland figures showed that 65% of children using their child contact centres were aged 0-4 and 24% were aged 5-8.

In 2018, the Inverclyde Family Contact Centre provided services for 72 children, 21 of which were aged 3 or under. They provided services for 60 children in 2016 and 76 children in 2017, where 25 children were 3 and under, 20 were 4-6, 17 were 7-10 and 6 were aged 11 and over.

4. If a negative impact is assessed for any area of rights or any group of children and young people, what options have you considered to modify the proposal, or mitigate the impact?

If options to modify the policy/measure are included here, include associated resource implications where relevant.

None of the proposed regulation has been identified as having a negative impact on any areas of rights of children and young people. However, there is a risk that over-regulation could lead to the closure of some existing child contact centres and reduce the availability of these services for children and young people. The Scottish Government will monitor closely the impact of regulating child contact centres on the availability of these services across Scotland.

5. How will the policy/measure contribute to the wellbeing of children and young people in Scotland?

Outline how the implementation of the policy/measure will support public bodies in Scotland to meet their duties to safeguard, support and promote the wellbeing of children in their area, with wellbeing defined by eight wellbeing indicators. The indicators are: Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, and Included.

Safe: The proposed standards for child contact centre accommodation include that premises are safe, secure, well-maintained and well-ventilated, with furniture, play equipment and facilities that are in good condition and meet safety standards.

The proposed standards for child contact centre staff training include that staff are trained in understanding domestic abuse particularly the dynamic of coercive control, child protection, how an adult can influence a child, parental mental health, drug and alcohol misuse, and an awareness of other services that are available for children and young people.

Healthy: The proposed standards for child contact centre staff training include that certain staff are trained in responding to children's needs and behaviour, child development including learning disabilities and developmental disorders, and an awareness of other services that are available for children and young people. It is proposed that training in other areas may also be desirable for certain staff, including an introduction to trauma, adverse childhood experiences, positive transitions, brain development, and attachment theory in child development.

Nurtured: The Scottish Government considers that both parents should be fully involved in their child's life as long as this is in the child's best interests. The proposed regulation of child contact services will support the facilitation of contact between a child and a parent (or other family member) that they do not live with.

Active: The proposed regulation of child contact services will support the facilitation of contact between a child and a parent (or other family member) that they do not live with, including by providing toys, games and other play equipment for children and parents to play and spend time together.

Respected: One of the proposed areas for regulation is that there will be a child-friendly complaints mechanism if a child is unhappy with the child contact service or considers that the minimum standards are not being met.

Included: Under the proposed regulations, the Scottish Ministers may confer on the body appointed to oversee child contact centre regulation, a function to issue reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people.

It is also proposed that child contact centre staff should be trained in child development, including learning disabilities and developmental disorders, and that it may be desirable for certain staff to have training in working with families where English is not their first language.

6. How will the policy/measure give better or further effect to the implementation of the UNCRC in Scotland?

This will inform Scottish Ministers' duty to report to Parliament on children's rights under the Children and Young People (Scotland) Act 2014.

One of the key aims of the Children (Scotland) Act 2020, which makes provision for the regulation of child contact services, is to ensure further compliance with the UNCRC. Establishing minimum standards for child contact services will help ensure that the best interests of children remain at the centre of contact cases and that the best outcomes for children using child contact centres will be achieved.

7. What evidence have you used to inform your assessment? What does it tell you?

The evidence base may include demographic information, academic research, service monitoring/inspection reports, service evaluation reports, user surveys, etc. In particular, look at what existing evidence tells you about children and young people's views and experiences of the relevant service(s); and/or what it tells you about children and young people's views of the policy proposal. Identify any gaps in the evidence base, and set out how you will address these.

This is a draft CRWIA. A final CRWIA will be completed to go with any regulations that are laid before the Scottish Parliament.

Background statistics

Number of births and number of children

Data from National Records of Scotland shows that there were 49,863 births registered in Scotland in 2019[54].

The NRS statistics for 2019 show that of the 49,863 births in Scotland the mother was aged 18 and under in 433 cases, 17 and under in 214 cases and 16 and under in 121 cases[55].

In Mid 2019 there were 921,397 children aged 15 or under in Scotland[56].

Court statistics

According to figures provided by Scottish Courts and Tribunals Service (SCTS) in 2018/19 there were 2,562 cases disposed of in the sheriff courts in relation to parental responsibilities and rights. In 2018/19 there were 3,554 family cases raised which involved children and 15,649 hearings in family cases involving children (excluding adoption and permanence). Of the 15,649 hearings there were 6,655 Child Welfare Hearings, 1,383 proofs called and 239 proofs proceeding.

Number of children with disabilities

According to Scotland's Pupil Census in 2020 there were 226,838 pupils in special schools and those with Additional Support Needs in mainstream schools[57].

Figures from The Way We Are Now 2016[58] – an annual study of the relationships of over 5,000 people across the UK by Relate and Relationships Scotland show that across the UK parents of children with a learning disability are 50% more likely to consider divorce or separation.

Child contact centre services

There are currently 45 child contact centres across Scotland. Of these, 42 are run by members and associate members of the Relationships Scotland Network. In addition, there are three independent child contact centres in Glasgow, Inverclyde and Aberdeen.

Figures from Relationships Scotland show that in 2018/19, 2,572 children were able to maintain contact with a non-resident parent by using Relationships Scotland child contact centres. In 2018, Promoting Positive Contact supported 200 families. In 2019 the Inverclyde Family Contact Centre provided services to 65 children from 54 families. In 2018 they provided services to 72 children from 60 families. They provided services to 60 children from 53 families in 2016 and 76 children from 58 families in 2017. The VSA child contact centre in Aberdeen provides support for up to 12 families per year at their child contact centre.

Figures from Relationships Scotland suggests that in 2018/19, 65% of children using child contact centres were aged 0-4 and 24% were aged 5-8, 8% were aged 9-12 and 3% were aged 13-16. 21 of the children using the Inverclyde Family Contact Centre in 2018 were aged 3 and under. In 2016-17, 25 children were 3 and under, 20 were 4-6, 17 were 7-10 and 6 were aged 11 and over.

Figures from Relationships Scotland show that in 2018-19 79% of child contact centre referrals were made by the courts and solicitors, 13% are self-referrals, and 8% are from other agencies, e.g. social work. There were 3,385 supervised contact sessions (the majority of which were ordered by the court). There were 8,656 supported contact sessions, and 6,287 handover sessions.

Relationships Scotland figures also show that mums tend to be the resident parent (89%) and dads tend to be the non-resident parent (85%). 53 families used the Inverclyde Child Contact Centre in 2016, of which three were to facilitate contact with the mother. In 2017, 58 families used the centre, of which nine were to facilitate contact with the mother.

Care Inspectorate Feasibility Study Report

Following a commission by the Scottish Government in 2019 to carry out a feasibility study on the regulation of child contact services, the Care Inspectorate published a Feasibility Study Report[59] in March 2020. The report set out seven recommendations, the first being that based on the benefits and risks outlined in the report, the Care Inspectorate recommended that child contact centres should be regulated.

The Care Inspectorate concluded that there are opportunities to affect change through regulation and that having a holistic approach to regulating these services, which impact on children's lives, would minimise trauma and adverse childhood experiences. Positive experiences would support children's health and wellbeing, enabling them to achieve their potential.

The Scottish Government responded to the recommendations in the report as part of a response[60] to the Justice Committee during Stage 1 of the Children (Scotland) Bill, now the Children (Scotland) Act 2020.

Domestic abuse and cases under section 11 of the 1995 Act

Research undertaken by Kirsteen Mackay in 2013[61] shows that domestic abuse was alleged in half of all court actions over contact. When a child was not seeing their non-resident parent this was allegedly due to violence upon the child in 18% of the cases.

Research by CAFCASS and Women's Aid in 2017 shows that in England and Wales domestic abuse was alleged in 62% of cases with fathers more likely to be the subject of allegations than mothers. Cases featuring allegations of domestic abuse were more likely to result in an order for no direct contact than cases without[62]. Research undertaken by the Ministry of Justice in 2009 showed that 53% of the contact and residence cases in England and Wales involved allegations of domestic abuse or concerns about abduction or harm to children[63].

According to the Scottish Crime and Justice Survey 2017/18[64] published in March 2019, 40% of those who experienced partner abuse in the last 12 months said that children were living in their household when the most recent incident took place. In addition, in 62% of cases where children were living in the household the children were present during the most recent incident.

Figures on the number of incidents of domestic abuse recorded by the police showed that 88% of domestic abuse incidents were recorded by police to have taken place in a home or dwelling. This can be split into 39% of incidents of domestic abuse that occurred within the victim's own home and 17% that occurred within a joint home[65].

Child's important relationships with other people

There is evidence to suggest that children benefit from contact with grandparents particularly in times of a family crisis[66]. There is also research that shows a close relationship with grandparents can reduce the level of socio-emotional adjustment for a child after a divorce[67].

According to figures from Growing Up in Scotland, close to 99% of children aged six in the survey had a least one living grandparent and 80% of children at age six had three or more living grandparents[68].

CLAN Childlaw has produced a report which highlights the importance of child contact with siblings[69].

Involvement of a child's parents in bringing the child up

In terms of the non-resident parents using Relationships Scotland centres in 2018-19, only 15% of non-resident parents had been having any contact with their children prior to using the child contact centre. 29% had had no contact at all with their children for over 12 months prior to using the contact centre. By the time the child contact centre provider carried out their first review of the contact (usually between 3-12 months later) 42% of all non-resident parents had established weekly contact with their children and 52% had established twice monthly contact. Even in those cases where there had been no contact for 6-12 months before using the child contact centre, 97% had established regular contact at least twice a month by the time of the first review.

The Scottish Government is aware of a literature review on children's and parents' well-being in joint physical custody[70].

Some research suggests that children benefit from both parents being involved in their lives. For example Edward Kruk[71] has produced 16 arguments in support of equal parental responsibility. These include:

Preserving of parents' relationships with their children;

Decreasing parental conflict and preventing family violence;

Enhancing the quality of parent-child relationships and reducing litigation; and

Reducing the risk of parental alienation.

There is research showing that more frequent and regular contact is associated with closer relationships with non-resident parents and fewer adjustment problems in children[72].

There is also research to suggest that children benefit from their father being involved in their upbringing. For example, the Scottish Government's Growing Up in Scotland study found that children with poor father-child relationships are more likely to have higher levels of behavioural and emotional problems and poor school adjustment[73].

However, research is divided as to whether children benefit from contact with both parents in situation of conflict. If parents reach the stage of court proceedings then they are unlikely to be cooperating. Research suggests that domestic abuse is alleged in half of all sheriff court cases in relation to contact and residence. Research by the Nuffield Foundation in 2013 also found that children often feel responsible for their parents' happiness and therefore are unwilling to raise the possibility of changing shared parenting arrangements[74].

There is also research from Belgium which h says there has been little evidence that children's well-being in shared residence is higher than children living with one parent[75]. There is research that found that if parental conflict is high and ongoing then shared parenting can be associated with lower child wellbeing compared with sole residence[76].

Gaps in data

The Scottish Government would welcome information during the course of this consultation on any further data or information available which could be included in the final CRWIA.

For example, we do not have any data on the number of children using child contact centres who are disabled. Also, we have heard anecdotally that a small number of contact sessions are facilitated at child contact centres between a child and a grandparent, sibling or adult other than a parent, but we do not have any data on numbers.

8. Have you consulted with relevant stakeholders?

This would include public or targeted consultations with children and young people, their parents/carers and the children's workforce.

Yes. This draft CRWIA will be published along with a public consultation document seeking views on our proposals. The Scottish Government has regular meetings with a range of organisations including the following:

Children 1st

Children and Young People's Commissioner Scotland

Inverclyde Family Contact Centre

Promoting Positive Contact

Relationships Scotland

Scottish Courts & Tribunals Service

Scottish Women's Aid

Shared Parenting Scotland

During the consultation process we will seek to arrange engagement events with organisations.

9. Have you involved children and young people in the development of the policy/measure?

Is there enough information on the views of the children and young people who will be affected by the policy/measure that enables you to make an informed assessment of impact?

This is a draft CRWIA. During this consultation process we will seek to arrange engagement events with children and young people.

The Care Inspectorate in its feasibility study report spoke to a number of stakeholders and child contact centre users, including a small number of children and young people.

During the parliamentary passage of the Children (Scotland) Bill written and oral evidence was provided by young people with experience of attending child contact centres[77].

CRWIA – Stage 3

CRWIA title: Regulation of child contact services.

Date of publication: March 2021

Executive summary

The Children (Scotland) Act 2020 (the 2020 Act) gives the Scottish Ministers the power to set by regulations minimum accommodation standards and staff training standards for child contact services. The 2020 Act also gives the Scottish Ministers the power to appoint a body to oversee regulation and to confer functions. It is envisaged the body would register contact services, undertake regular inspections, issue reports and handle complaints.

The Scottish Government is now seeking views on what the accommodation standards and standards for staff and volunteer training should cover and what the monitoring and complaints procedures should be.

Background

Child contact centres play an important role in providing safe venues for conflict-free contact between children, parents, and other people in the child's life. Child contact centres receive referrals from the courts, solicitors and from parents themselves so that contact can be facilitated between a parent and child.

Child contact centres offer a mixture of supported and supervised contact. Supported contact is where centres provide the facilities for the contact and record that the contact took place and not details of how it went. Supervised contact is where contact takes place in the constant presence of an independent person who observes and ensures the safety of those involved.

Child contact centres also provide a handover service where one parent brings the child to the centre to be collected by the other parent. This means that the parents do not have to see each other during the handover.

The child contact centre services that this consultation is focussed on are those that deal primarily with separated parents and families who are referred in private law cases. For example, in situations where contact is ordered at a child contact centre by the courts, where a referral is made by a solicitor on their client's behalf or where parents self-refer.

The Scottish Government is aware that local authorities also facilitate child contact in public law cases involving looked after children. This type of child contact does not fall within the scope of the changes made by the 2020 Act and is not covered by this consultation.. However, it is possible that in future centres regulated under the 2020 Act may continue to receive some referrals from local authorities.

There are currently 45 child contact centres across Scotland that deal primarily with private law cases. 42 are members of the Relationships Scotland (RS) network[78] and there are three independent centres in Aberdeen[79], Inverclyde[80] and Glasgow[81].

Currently child contact services are not subject to any external regulation. Although child contact service providers have their own policies and procedures in place, there are no national standards and there is no independent oversight.

Regulating child contact services will help ensure centres remain safe locations for children to have contact and that children will be protected when they are referred to a child contact centre.

Establishing minimum standards for accommodation and staff training and appointing an independent body to oversee regulation will ensure appropriate standards apply consistently across the sector and that the best outcomes for children using these services are achieved.

Scope of the CRWIA,

identifying the children and young people affected by the policy, and summarising the evidence base

The draft CRWIA considers whether the proposals in relation to the regulation of child contact services impact on the rights and wellbeing of children and young people in Scotland.

The evidence base is contained in the stage 2 of the draft CRWIA.

The draft CRWIA should be read in conjunction with the other draft impact assessments published at the same time as the draft CRWIA.

Children and young people's views and experiences

The Scottish Government welcomes responses to the consultation from children and young people and will seek to engage further with children and young people during the consultation process.

Key Findings, including an assessment of the impact on children's rights, and how the measure will contribute to children's wellbeing

The Scottish Government is of the view that the regulation of child contact services will advance the realisation of children's rights and wellbeing in Scotland.

A full list of how the Scottish Government considers the regulation of child contact services will meet various articles of the UNCRC is available in the draft CRWIA stage 2 report.

Monitoring and review

The Scottish Government is seeking views on the draft CRWIA as part of the consultation on the regulation of child contact services. This will help inform the final CRWIA that will be published alongside any regulations that are laid in the Scottish Parliament.

 

 

 

 

 

Regulation

Regulation of child contact services

Aims of measure

To ensure all child contact centres remain safe locations for children to have contact with a parent or other family member and that children will be protected where they are referred to a child contact centre.

The aim is that by establishing minimum standards the best interests of children remain at the centre of contact cases and that the best outcomes for children using child contact centres will be achieved.

Appointing an independent body to oversee regulation will ensure appropriate standards apply consistently across the sector.

Likely to impact on . . .

Children going through a case under section 11 of the 1995 Act where contact is ordered at a child contact centre.

Children whose parents are or have separated.

This may in particular affect younger children or those with a learning disability as one of the proposed training standards is child development.

Compliance with UNCRC requirements

Article 1

Article 2

Article 3

Article 6

Article 7

Article 8

Article 9

Article 12

Article 16

Article 18

Article 19

Article 23

Article 30

Contribution to local duties to safeguard, support and promote child wellbeing

Regulating child contact services will meet wellbeing indicators:

Safe

Healthy

Nurtured

Active

Respected

Included

CRWIA Declaration

Authorisation – To be completed in final version

Contact

Email: family.law@gov.scot

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