Abstract
Siblings: more rights; more obligations
New legislation and regulations have come into operation that promote and support sibling relationships for care-experienced children. The changes reflect a growing understanding of the importance of brothers and sisters in one another’s lives.
Siblings are defined as: full brothers and sisters; children who share at least one parent; and any other person with whom the child has lived or is living, and with whom the child has an ongoing relationship, with the character of a relationship between siblings.
The full 81-page guidance is available at: www.gov.scot/publications/staying-together-connected-getting-right-sisters-brothers-national-practice-guidance/documents/
Children (Scotland) Act 2020
This became operational on 26 July 2021.
Section 13 of the Act amends the Children (Scotland) Act 1995, section 17.
Section 17 places on the local authority obligations in respect of each looked after child including to ‘safeguard and promote his welfare (which shall, in the exercise of their duty to him be their paramount concern)’.
Section 13 of the 2020 Act adds:
Local authority has a DUTY to promote on a regular basis, personal relations and direct contact between ‘siblings’ as appear to them to be appropriate.
And
Before local authorities make any decision about a child they are looking after, or are proposing to look after, they must
Section 14: Children’s Hearing and Court must consider a measure to regulate contact not only with a Relevant Person, but also with a sibling.
Section 15: Anyone, including a child can apply to the court to grant a contact order in relation to a child. This means that a sibling can seek this formal arrangement to secure contact with their sibling. The court’s primary consideration continues to be the welfare of each child for whom they are asked to make a decision. This, along with the minimum intervention and taking account of the child’s views, represents the cornerstones to any court decision in relation to children.
Section 21: There is an extension of the duty to ensure availability of child advocacy services for this to happen where the court is making decisions under Children (Scotland) Act 1995 Section 11, which includes where removing some or all PRRs whether contact orders are appropriate and the making of Kinship Care Orders 2.
Section 25: A child will be given the opportunity to participate in a Children’s Hearing of their sibling. This right will include rights:
to be notified of the Hearing to provide a report for the Hearing to get some of the Hearing papers to be allowed to attend for part of the Hearing to have representative at the Hearing.
Looked After Children (Scotland) Amendment 2021
This will become operational later in the year when the emergency legislation in relation to Coronavirus is no longer operational.
Regulation 5A: The local authority must, where appropriate, place the child and any sibling of the child who is also looked after with the same carer or in the same residential establishment, or, where this cannot happen, in homes that are near to each other.
In determining what is appropriate, the local authority must be satisfied that the placement safeguards and promotes the welfare of the child (the paramount consideration). A local authority may only place a child in homes that are near to each other rather than in the same placement if that better safeguards and promotes the welfare of the child.
The local authority must seek and take account of siblings’ views in relation to carrying out their assessment and the formulation of each child’s plan.
Regulation 27B: This provides for exceptional approval of a foster carer where the placing of a sibling group would mean that there will be more than three children in a placement. The local authority must refer their decision to do this to their fostering panel for approval/discussion within four weeks of placement or as soon as practicable thereafter.