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A History of Scottish Child Protection Law$
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Kenneth McK. Norrie

Print publication date: 2020

Print ISBN-13: 9781474444170

Published to Edinburgh Scholarship Online: May 2021

DOI: 10.3366/edinburgh/9781474444170.001.0001

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The Statutory Framework after 1968

The Statutory Framework after 1968

Chapter:
(p.42) 2. The Statutory Framework after 1968
Source:
A History of Scottish Child Protection Law
Author(s):

Kenneth McK. Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474444170.003.0003

After an examination of the Kilbrandon Committee’s work in the early 1960s, this chapter will offer an analysis of the major changes to the Scottish child protection process brought about by the Social Work (Scotland) Act 1968 – including that Act’s increased focus on preventive measures, a greater involvement of the child’s family, and the clarification and enhancement of the role of the local authority. There follows the lead up to and enactment of the Children (Scotland) Act 1995, with its increased focus on participation rights and the restructuring of local authority duties towards vulnerable children and those who are now “looked after”. Thereafter, the new regimes regulating the provision of care in residential establishments and in foster care (the Regulation of Care (Scotland) Act 2001 and the Public Services Reform (Scotland) Act 2010) are explored in detail, as is the development of “GIRFEC” as the major Governmental tool. The chapter ends by exploring the restructuring of the children’s hearing system by the Children’s Hearings (Scotland) Act 2011, and the failed “named person” scheme in the Children and Young People (Scotland) Act 2014. Contemporary international conventions are described.

Keywords:   Kilbrandon Committee, Preventive measures, Orkney Inquiry, Children (Scotland) Act 1995, Regulation of Care, GIRFEC, Children’s hearings, Named Persons, European Convention on Human Rights, United Nations Convention on the Rights of the Child

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