Making sure children always come first, regardless of their age, ability or family background

Blog Written by Kyana White, LLB                             
The Aim:
The Children (Scotland) Act 2020 received Royal Assent on 1 October 2020 and is expected to be brought into force later this year. Once in force, it will alter the way in which the courts interpret the views of a child, expand the methods in which a child is able to express their views and most importantly will focus on maintaining crucial family relationships for children who are placed into a care facility. In the hope that children of all ages across Scotland will be granted a greater level of respect and compassion from both the court system and Local Authorities. Who will now have a legal duty to encourage and promote their mental health and well- being. Reinforcing that age is simply a number and should never prevent a child from exercising their basic human right to be heard!

Overhaul of the ‘Form F9’
Under the current system, children as young as five who are involved in a contact or residence dispute during the separation or divorce of their parents are expected to express their views via the Form F9. A system which is quite simply inadequate, as this “one size fits all approach” cannot cater for the basic needs of every child. As they develop at different paces, possess different skills and require different kinds of support to meet their individual needs.
Instead, children will now be invited to give their views to the court in any manner which is suitable for them depending on their age, maturity and development. For instance, they could draw a picture, write a blog, create a video submission or participate in play therapy. Which is beneficial particularly for children who suffer from mild learning difficulties, including those who are dyslexic, and may not have the ability to formulate nor express their opinion in words, unless they are supervised by a parent or teacher.
Ultimately, the new system should provide the court with a more honest view, allowing them to make a more well informed decision which is focused primarily on prioritising the needs of children. Innocent parties who have effectively been caught up in the crossfire and hauled through the court process.

Promoting Relationships with Siblings
The sad reality is that thousands of children across Scotland are placed into foster care each year. A majority of whom will be separated from their siblings and will have no means of communicating with them.
This can be an extremely traumatic experience for young children, who are not only being removed from their family home and their sense of normality, but they are also losing contact with the person they are likely to be closest to.
Therefore, one of the most radical changes to be introduced by the 2020 Act is that Local Authorities will have an obligation to promote relations with siblings where they are not able to live in the same house together. This is crucial as it aims to ensure that children in care will be given a greater sense of stability, for many children this will be invaluable and may provide them with a sense of comfort whilst they settle into their new environment.