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'Voice of the Child' Under the Children (Scotland) Act 1995 : Giving Due Regard for Children's Views in All Matters that Affect Them : Volume 1

The Children (Scotland) Act 1995 brings together aspects of family, child care and adoption law that affect children. The Act seeks to incorporate the 3 key principles of the United Nations Convention on the Rights of the Child (UNCRC) – i.e. non- discrimination; a child’s welfare as a primary consideration; and listening to children’s views, into Scottish legislation and practice.

This ‘mapping paper’ undertakes a detailed analysis of the Act, accompanying regulations and guidance, asking the following questions: 1. In relation to which decisions do the views of children need to be sought? Which children are included in any such requirements? 2. What processes are specified for ascertaining children’s views? What weight is given to the child’s views? 3. Is provision made for feedback to the child?

Kathleen Marshall
E. Kay M. Tisdall
Alison Cleland
Alexandra Plumtree
The Stationery Office