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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 Legal Process in the Modern Era: Scotland’s Children’s Hearing System

The Legal Process in the Modern Era: Scotland’s Children’s Hearing System

(p.145) 5. The Legal Process in the Modern Era: Scotland’s Children’s Hearing System
A History of Scottish Child Protection Law

Kenneth McK. Norrie

Edinburgh University Press

This chapter looks at the legal process for child protection in Scotland since the introduction of the children’s hearing system, starting with an exploration of how the Kilbrandon Report was given effect to in the Social Work (Scotland) Act 1968. It then analyses the original grounds of referral to the hearing, tracing their origins and explaining the subsequently added grounds. Thereafter the chapter looks at the world-wide retreat from the juvenile court ideals, especially in England which rejected the opportunity of following the Scottish approach, and ends with some speculation on why Scotland has managed to retain these ideals, developed decades ago, and still considered appropriate here today.

Keywords:   Kilbrandon Report, Juvenile courts, Children’s hearings, Grounds of referral

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