Children (Scotland) Act 2020

20 Explanation of decisions to the child

(1) The Children (Scotland) Act 1995 is modified as follows.

(2) After section 11E (which is inserted by section 18(2) of this Act) insert—

“11F Explanation of court decisions to the child

(1) This section applies when—

(a) the court decides whether or not to make an order under section 11(1),

(b) the court decides to vary or discharge an order made under section 11(1),

(c) the court—

(i) decides to decline to vary or discharge an order made under section 11(1), and

(ii) considers it appropriate to explain that decision to the child concerned.

(2) The court must ensure that the decision is explained to the child concerned in a way that the child can understand.

(3) But the court is not required to comply with subsection (2) if satisfied that—

(a) the child would not be capable of understanding an explanation however given,

(b) it is not in the best interests of the child to give an explanation, or

(c) the location of the child is not known.

(4) The court may fulfil its duty under subsection (2) by—

(a) giving the explanation to the child itself, or

(b) arranging for it to be given by a child welfare reporter (see section 101A).

(5) In this section, references to a decision include an interim decision.

(6) The Scottish Ministers may by regulations modify subsection (4)(b) to—

(a) add a description of a person,

(b) vary a description of a person,

(c) remove a description of a person.

(7) Regulations under subsection (6) are subject to the affirmative procedure.”.