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Children (Scotland) Act 2020

Detailed provisions

Explanation of decisions to the child

75.Section 20 adds section 11F to the 1995 Act. The new section gives the court a duty in certain circumstances to explain various decisions in respect of orders under section 11 of the 1995 Act to the child concerned.

76.A family action may involve a number of Child Welfare Hearings. It would not be necessary for the court to arrange for the decision of every Child Welfare Hearing to be explained, given the terms of section 11F(3)(b). Decisions caught by the provisions would include decisions which establish or amend contact arrangements.

77.If the court decides that a decision should be explained to a child then it can either explain it face to face, electronically or by letter or it can appoint a child welfare reporter.

78.Section 11F(6) gives the Scottish Ministers the power to amend the list of people who are able to explain a decision, by way of regulations subject to the affirmative procedure.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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