New Regulations to Enhance Childrens Rights in Scotland

In a significant step towards amplifying children's voices in legal matters, the Scottish Government has introduced new regulations under the Children (Scotland) Act 2020. Effective from 2025, these regulations aim to transform how children's views are considered in major decisions affecting their lives.

Key Changes:

1. Children's Views in Decision-Making: The regulations bring into force crucial parts of the Children (Scotland) Act 2020. Notably, Section 1(2) amends the 1995 Act to ensure that children are given the opportunity to express their views on major decisions affecting them. This aligns with the United Nations Convention on the Rights of the Child, moving away from the outdated presumption that only children aged 12 or older can express opinions. Now, there's a presumption that all children have the capacity to express their views, regardless of age.

2. Flexible Expression Methods: Recognizing the diverse ways children communicate, the new rules allow children to express their views in their preferred manner. Whether through spoken word, technology, drawings, or via a trusted third party, the emphasis is on comfort and clarity for the child.

3. Streamlining Legal Proceedings: Section 30 of the Act mandates that courts and children's hearings must consider any potential harm to a child's welfare caused by delays in legal proceedings. This change seeks to expedite processes involving children, ensuring their welfare remains a priority.

4. Avoiding Redundancy: A saving provision is included to prevent redundancy. If a child's views were gathered before 21 September 2025, or if they chose not to share their views, there's no obligation to repeat the process for the same decision.

Awareness and Implementation:

The Scottish Government is proactively working to inform parents and children's organizations about these changes. Resources and guidance will be made available, possibly through platforms like the Parent Club website.

Future Developments:

While these regulations commence key sections of the 2020 Act, further regulations are anticipated later in 2025 to address additional aspects of the legislation.

Conclusion:

These regulations mark a progressive shift in recognizing children's rights in Scotland. By ensuring that children’s voices are heard and prioritizing their welfare in legal proceedings, Scotland is paving the way for a more inclusive and responsive legal system for its younger citizens.