October 26 2022, Virtual Seminar

2pm – 5pm: £180

Speaker : Tom Quail, Wright, Johnston & Mackenzie LLP 

The Children (Scotland) Act 2020 received royal assent in August 2020. The changes have not yet been brought into force as the Government, Local Authority Courts and Children’s Hearings prepare for the changes before they have to start delivering them.

The new Act brings the law into line with children’s rights under the United Nations Convention on the Rights of the Child (UNCRC).

This seminar will consider the main changes for children and young people being:-

• Children and young people having more opportunity to give their views to court;
• The courts having to explain decisions to children;
• Children having Support Advocacy Workers in family court actions;
• Measures to keep children safe in contact centres;
• Registration of Child Welfare Reporters and Curators ad litem and rules of how they should carry out their duties;
• The court having to investigate the reason contact arrangements are not working
• Rules to avoid legal proceedings taking too long

The seminar will look at the potential impact, the changes the new Act will bring and the advice which requires to be given by family law/child law practitioners.

Book your place here: http://ccpdtraining.co.uk/booking/booking-childrenscotlandact

Kinship Care Week in Scotland runs from 14-20th March 2022 and the Kinship Care Advice Service for Scotland is running events all week. You can find out what is on using this link – https://kinship.scot/kinship-care-week-2022/

To mark Kinship Care Week, our Emma Letham has answered some of the Frequently Asked Questions about Kinship Care Orders.

The general principle is that children should be brought up by their parents without intervention from their local authority. However, if this cannot happen, a child should be placed with kinship carers where appropriate and possible.

What is a Kinship Care Order?

A Kinship Care Order is applied for under Section 11 of The Children (Scotland) Act 1995. Under a Kinship Care Order, the Court can grant some or all Parental Rights and Responsibilities to Kinship Carers.

Parental Rights and Responsibilities are held by the child’s birth mother and sometimes the birth father. The important point to note is that under a Kinship Care Order, the Parental Rights and Responsibilities are not completely removed from the parents; they are shared with the Kinship Carers.

Who can apply for a Kinship Care Order?

A Kinship Carer is someone who is related to the child or has known the child and with whom the child has a pre-existing relationship.

Under the Looked After Children (Scotland) Regulations 2009, a Kinship Carer is defined as a “person who is related to the child (through blood, marriage or civil partnership) or a person with whom the child has a pre-existing relationship”.

How much does a Kinship Care Order cost?

The cost of a Kinship Care Order can depend on a number of matters, including whether the application is likely to be contested by the child’s birth parent(s).

If the child’s birth parent(s) are in agreement with the Kinship Care Order, this means the Court process will likely be straightforward and a solicitor who specialises in these matters can offer a fixed cost for the legal work to be undertaken.

If the child’s birth parent(s) are going to contest the application, then the Court process will take longer and there will be an increase in costs.

We would recommend checking if you are eligible for Legal Aid to assist with the cost of obtaining a Kinship Care Order. Most local authorities would require you to check your position in relation to Legal Aid in the first instance.

If you are not eligible for Legal Aid, then the local authority may contribute to the legal costs involved in applying for a Kinship Care Order; they may meet some or all of the costs.

It may be beneficial for you to obtain information from the local authority in relation to their contribution towards legal costs in writing.

It is important to remember that the Court will not automatically grant a Kinship Care Order – the Order will only be granted where it is in the best interests of the child. In reaching a decision, the Court’s paramount consideration will be the welfare of the child.

If you have any questions about Kinship Care or applying for a Kinship Care Order, please do not hesitate to contact our Emma Letham at ell@wjm.co.uk for a free, confidential chat.

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, has put together a series of blogs, answering commonly asked questions from Prospective Adopters.

Do Prospective Adopters need to take part in the Children’s Hearing process?

The short answer is no. Prospective Adopters do not need to take part in the Children’s Hearing process.

However, it is something to which you might want to give some consideration, particularly if the child’s birth parent(s) are likely to oppose the Adoption Order at Court.

When a child is living with their Prospective Adopters, the child will often be the subject of a Compulsory Supervision Order (“CSO”) through the Children’s Hearing System.

The CSO is required to be reviewed every 12 months from the date it was issued. The CSO is reviewed at a Children’s Hearing and the Panel Members are able to make substantive changes to the CSO. These changes can include the contact which a child has with their birth parent(s).

As a Prospective Adopter, you have no automatic right to attend or contribute to the Children’s Hearing. In addition, unless you are deemed a “Relevant Person” by the Children’s’ Hearing, you are unable to Appeal decisions of the Panel Members. The child’s Social Worker cannot Appeal a decision.

Therefore, some Prospective Adopters wish to be deemed “Relevant Persons” to allow them to attend and contribute to the Children’s Hearings for the child. This also provides them with the right to Appeal a decision if the Panel Members make a decision which the Prospective Adopters do not believe is in the child’s best interests.

The test for being deemed a “Relevant Person” is as follows; –

“The individual has (or has recently had) a significant involvement in the upbringing of the child”.

A Prospective Adopter should therefore easily meet this test (if the child is currently living with the Prospective Adopter).

A child’s birth parents automatically have “Relevant Person” status.

In some Adoption Cases, where the birth parent(s) are opposing the Adoption Petition, the birth parent(s) may request an early Review Hearing to ask the Panel if contact can be re-instated between them and the child.

If the Prospective Adopters are deemed Relevant Persons, then they have a right and duty to attend Children’s Hearings for the child and have their views heard by the Panel Members.

For more information about the Children’s Hearing process or the Adoption legal process, please contact our Adoption specialists – Emma Letham at ell@wjm.co.uk and Roger Mackenzie at rlm@wjm.co.uk

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, spoke with a recent adopter about his experience of the Adoption Process:-

EL – What has been the best thing about adopting?

Achieving something that I never dreamed was possible. Adoption for same sex couples didn’t become legal until 2009, so becoming a parent wasn’t something that I believed would be possible and at times I still can’t believe I’ve achieved it. I love being a parent and being able to pour all the love that I have in to my son to ensure that he has love, stability and security is my key priority, he is everything to me. Watching him grow and develop in to a confident, funny loving little boy is the best part of it.

EL – Have you felt supported along your adoption journey?

Absolutely! Whilst the adoption process can be complex, and at times tricky, I’ve always felt supported throughout. Everyone (friends, family and colleagues) are there to offer and provide support all the time and everyone continues to ask questions in order for them to understand. You also have the opportunity to build strong relationships with other adopters and those relationships are extremely important. I’ve always felt supported by my social worker and solicitor too. Choosing a solicitor who specialises in adoption is vital as they can help you navigate the legal aspects of the process.

EL – What kind of support is there for adopters?

There is so much support available throughout the entire process, so there is no shortage of support. Your adoption agency provides excellent up-skilling during your preparation groups to ensure you understand the process and understand the background that your child is likely to have experienced. The relationships you form in these groups are important as we have become lifelong friends with the other adopters that we attended these groups with. You then have an allocated social worker who meets with you regularly and prepares you for the adoption panel. They then support you through the family finding stage and ensure that you are fully supported when your child or children move in. Your child or children will also have their own social worker, so they are always available for help and support. Then you have your solicitor and when your child or children have moved in and you are entering the legal aspects of the process, your solicitor is essential in providing that guidance throughout. In additional to the formal roles available, there’s also facebook groups and other online platforms that help you connect with other adopters.

EL – What advice would you give to someone who is considering adoption?

Keep your eyes on the prize. If your motivation is about being a parent, then adoption could be the route for you. It’s not straightforward for some people, but there’s plenty support available to ensure you are guided through each step. Unfortunately some children are out there and they are looking for their forever families. They could be looking for you ….

For any questions about the legal process for Adoption, please contact one of our solicitors who have expertise in dealing with adoption matters – Roger Mackenzie at rlm@wjm.co.uk or Emma Letham at ell@wjm.co.uk

Get in touch – call us on 03333 661 274