Children and Young People (Scotland) Act 2014

Last updated

Children and Young People (Scotland) Act 2014
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Scottish Parliament
Long title An Act of the Scottish Parliament to make provision about the rights of children and young people; to make provision about investigations by the Commissioner for Children and Young People in Scotland; to make provision for and about the provision of services and support for or in relation to children and young people; to make provision for an adoption register; to make provision about children’s hearings, detention in secure accommodation and consultation on certain proposals in relation to schools; and for connected purposes.
Citation 2014 asp 8
Introduced by Alex Neil MSP
Territorial extentScotland
Dates
Royal assent 27 March 2014
Commencement
  • 28 March 2014 [1]
  • 28 June 2014 [2]
  • 1 August 2014 [2] [3]
  • 6 October 2014 [4]
  • 5 January 2015 [5]
  • 9 January 2015 [6] [7]
  • 26 January 2015 [6]
  • 1 April 2015 [8]
  • 30 March 2015 [9]
  • 15 June 2015 [8]
  • 30 September 2015 [10]
  • 1 February 2016 [11]
  • 31 August 2016 [12]
  • 7 October 2016 [13]
  • 28 November 2016 [13]
  • 1 April 2017 [13]
  • 7 August 2017 [13]
Other legislation
Relates to Commissioner for Children and Young People (Scotland) Act 2003
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Children and Young People (Scotland) Act 2014 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Children and Young People (Scotland) Act 2014 is an Act of the Scottish Parliament passed on 19 February 2014 and received royal assent on 27 March 2014. [1] The legislation is part of the Scottish Government's Getting it right for every child policy implementation.

Contents

The scope of the act as described in its long title is to make provision:

In the course of legal proceedings on the part of The Christian Institute and others who were concerned with information privacy law, and who challenged provisions of the act, the judgments of the Court of Session in Edinburgh and, on appeal, of the Supreme Court in Westminster referred to the Data Protection Act 1998, the EU Data Protection Directive, and the European Convention on Human Rights. The Court of Session upheld the provisions of the act, but was overruled by the Supreme Court's decision that the provisions were defective and were not in the Parliament's legislative competence, and therefore could not be brought into force.

Key provisions

The key provisions of the Act include:

A government document published in June 2014 described the Scottish Government’s overarching plans for implementing the Act and stated that the named person provisions in Part 4 were then currently focused on developing guidance in relation to the "GIRFEC" approach. [14]

The Act has generated controversy, and in The Christian Institute and others (Appellants) v The Lord Advocate ([2016] UKSC 51), the Supreme Court of the United Kingdom ruled that certain data sharing provisions of the Act were in breach of the right to respect for private and family life prescribed in Article 8 of the European Convention on Human Rights, meaning the Scottish Parliament must amend the Act in order for it to become law. The Scottish Conservatives and Scottish Liberal Democrats have called for the Act to be repealed and Scottish Labour, whilst initially supportive of the Act, have called for a 'pause'. [15] A Survation poll has found that 64% of Scottish adults are opposed to the Named Person provisions of the Act. [16]

The appeal to the Supreme Court was from the Opinion of the Inner House of the Court of Session (delivered 3 September 2015) on a reclaiming motion ([2015] CSIH 64) between seven parties as petitioners and reclaimers, namely, The Christian Institute, Family Education Trust, The Young Me Sufferers ("TYMES"), Christian Action Research and Education ("CARE") (four registered charities with an interest in family matters), and three individual parents, against The Scottish Ministers as respondent. The Inner House refused an appeal from Lord Pentland's decision, as Lord Ordinary. Lord Pentland had refused a petition for judicial review (lodged 11 July 2014), holding that the named person service provisions in Part 4 of the 2014 Act were within the devolved competence of the Scottish Parliament and did not contravene fundamental common law rights, or the European Convention, or the EU law on data protection. [17]

The Opinion of the Inner House, which the Supreme Court's judgment overruled, was that the legislation was in accordance with the law, had a legitimate aim and was necessary in a democratic society in the interests of, amongst other things, public safety, the prevention of crime, the protection of health or morals or of the rights of others. The Inner House's Opinion was based on observing that the legislation was intended to provide for every child a suitably qualified professional able, if necessary, to act as a single point of contact with any public service from which the child could benefit, and that this would have no effect whatsoever on the legal, moral or social relationships within the family, and, further, that the legislation did not involve the state taking over any functions currently carried out by parents in relation to their children, and would not permit any interference with a parent’s or child’s right to freedom of thought, conscience and religion, nor bear upon a child’s right to education or his parent’s right to bring up a child according to his conscience and religion.

Possible remedy under Scotland Act 1998

The proceedings and judgments were mainly concerned with provisions in Part 4 of the Children and Young People (Scotland) Act 2014, including ten sections that had not then been brought into force under section 102, namely,

When allowing the appeal, the Supreme Court, following the precedent of its ruling in Salvesen v Riddell ([2013] UKSC 22), [18] invited the parties to produce, within the period of 42 days from 28 July (expiring in early September), written submissions on the terms of an order that the Court could make under 102(2)(b) of the Scotland Act 1998 to allow the Scottish Parliament and the Scottish Ministers an opportunity to correct the defects which the Court had identified, but the Court stated that in the meantime, since the defective provisions were not within the legislative competence of the Parliament, they could not be brought into force. [19]

Government's September announcement

The Scottish Government announced on 8 September a process involving the offices of the Children's Commissioner and the Information Commissioner in order to address the concerns raised by the Supreme Court, including development of a code of practice to set out how information should be shared under the legislation, with the intention of working towards a commencement date for the legislation of August 2017. [20]

Related Research Articles

Convention on the Rights of the Child International treaty about the rights of children

The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

Sexual Offences Act 2003 United Kingdom legislation

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.

The Fifteenth Amendment of the Constitution Act 1995 is an amendment of the Constitution of Ireland which removed the constitutional prohibition on divorce, and allowed for the dissolution of a marriage provided specified conditions were satisfied. It was approved by referendum on 24 November 1995 and signed into law on 17 June 1996.

Courts of Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

Liberian nationality law

Liberian nationality law is regulated by the Constitution of Liberia, as amended; the Aliens and Nationality Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Liberia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Liberian nationality is based on descent from a person who is Negro, regardless of whether they were born on Liberian soil, jus soli, or abroad to Liberian parents, jus sanguinis. The Negro clause was inserted from the founding of the colony as a refuge for former slaves to prevent economically powerful communities from obtaining political power. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

In law, coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.

Scottish Funding Council

The Scottish Funding Council, referred to more formally as the Scottish Further and Higher Education Funding Council, is the non-departmental public body charged with funding Scotland's further and higher education institutions, including its 26 colleges and 19 universities.

Terrorist and Disruptive Activities (Prevention) Act

Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 under the background of the Punjab insurgency and was applied to whole of India. It was originally assented to by the President on 23 May 1985 and came into effect on 24 May 1985. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987. The Parliament not being in session, the life of the Act could not be extended. But the provisions were kept alive by an ordinance effective from the expiry date of the Act. This ordinance was later replaced with the Terrorist and Disruptive Activities (Prevention) Act, 1987. It was assented to on 3 September 1987, and made effective in two parts from 24 May 1987 and 3 September 1987. This also had a sunset provision of two years from 24 May 1987. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.

Scottish statutory instrument Type of law in Scotland

A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the Queen-in-Council.

Fundamental rights in India are the rights guaranteed under Part III of the Constitution of India. There are six fundamental rights recognised by the Indian constitution: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights and the right to constitutional remedies.

In English law, an appropriate adult is a parent, guardian or social worker; or if no person matching this is available, any responsible person over 18. The term was introduced as part of the policing reforms in the Police and Criminal Evidence Act 1984 and applies in England and Wales.

Criminal Justice and Immigration Act 2008 United Kingdom legislation

The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.

British nationality law Law on citizenship and other categories

British nationality law dictates the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement and acquiring settled status.

Getting it right for every child (GIRFEC) is the Scottish Government's approach to supporting children and young people. It is intended as a framework that will allow organisations who work on behalf of the country's children and their families to provide a consistent, supportive approach for all. It is best known for the controversial "Named Person" requirement.

Criminal Justice Act 1988 United Kingdom legislation

The Criminal Justice Act 1988 is an Act of the Parliament of the United Kingdom.

Succession to the Crown Act 2013 United Kingdom legislation

The Succession to the Crown Act 2013 is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of sex, precedes any siblings. The Act also repealed the Royal Marriages Act 1772, ended disqualification of a person who married a Roman Catholic from succession, and removed the requirement for those outside the first six persons in line to the throne to seek the Sovereign's approval to marry. It came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.

Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) and the Guardians and Wards Act (1890), though not replacing them. The Act came into force from 15 January 2016.

Act of the Scottish Parliament

An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

References

  1. 1 2 Scottish Government (2014). Children and Young People (Scotland) Act 2014 (asp 8). National Archives. ISBN   978-0-10-590215-7. Archived from the original on 1 October 2016.
  2. 1 2 Scottish Government (2014). The Children and Young People (Scotland) Act 2014 (Commencement No. 1 and Transitory Provisions) Order 2014 (SSI 2014/131 (C. 9)). National Archives. ISBN   978-0-11-102344-0. Archived from the original on 1 October 2016.
  3. ↑ Scottish Government (2014). The Children and Young People (Scotland) (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 (SSI 2014/165 (C. 12)). National Archives. ISBN   978-0-11-102382-2. Archived from the original on 1 October 2016.
  4. ↑ Scottish Government (2014). The Children and Young People (Scotland) Act 2014 (Commencement No. 3) Order 2014 (SSI 2014/251 (C. 22)). National Archives. ISBN   978-0-11-102444-7. Archived from the original on 1 October 2016.
  5. ↑ Scottish Government (2014). The Children and Young People (Scotland) Act 2014 (Commencement No. 4) Order 2014 (SSI 2014/314 (C. 29)). National Archives. ISBN   978-0-11-102505-5. Archived from the original on 1 October 2016.
  6. 1 2 Scottish Government (2014). The Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014 (SSI 2014/353 (C. 31)). National Archives. ISBN   978-0-11-102549-9. Archived from the original on 1 October 2016.
  7. ↑ Scottish Government (2014). The Children and Young People (Scotland) Act 2014 (Commencement No. 6) Order 2014. National Archives. ISBN   978-0-11-102560-4. Archived from the original on 1 October 2016.
  8. 1 2 Scottish Government (2015). The Children and Young People (Scotland) Act 2014 (Commencement No. 7) Order 2015 (SSI 2015/61 (C. 12)). National Archives. ISBN   978-0-11-102643-4. Archived from the original on 1 October 2016.
  9. ↑ Scottish Government (2015). The Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015 (SSI 2015/104 (C. 20)). National Archives. ISBN   978-0-11-102697-7. Archived from the original on 1 October 2016.
  10. ↑ Scottish Government (2015). The Children and Young People (Scotland) Act 2014 (Commencement No. 9 and Saving Provision) Order 2015 (SSI 2015/317 (C. 38)). National Archives. ISBN   978-0-11-102921-3. Archived from the original on 1 October 2016.
  11. ↑ Scottish Government (2015). The Children and Young People (Scotland) Act 2014 (Commencement No. 10 and Saving Provision) Order 2015 (SSI 2015/406 (C. 51)). National Archives. ISBN   978-0-11-103013-4. Archived from the original on 1 October 2016.
  12. ↑ Scottish Government (2016). The Children and Young People (Scotland) Act 2014 (Commencement No. 11) Order 2016 (SSI 2016/60 (C. 9)). National Archives. ISBN   978-0-11-103125-4. Archived from the original on 1 October 2016.
  13. 1 2 3 4 Scottish Government (2016). The Children and Young People (Scotland) Act 2014 (Commencement No. 12 and Saving Provision) Order 2016 (SSI 2016/254 (C. 22)). National Archives. ISBN   978-0-11-103259-6. Archived from the original on 1 October 2016.
  14. ↑ Implementation of the Children and Young People (Scotland) Act 2014, published in June 2014.
  15. ↑ "Scottish Liberal Democrats withdraw support for 'Named Person' scheme". Christian Concern (CCFON Ltd). 8 August 2016. Archived from the original on 1 October 2016. Retrieved 1 October 2016.
  16. ↑ "Poll: 64 of Scots say named-person policy is an 'unacceptable intrusion'". HeraldScotland. Retrieved 24 August 2021.
  17. ↑ The Christian Institute and Others -v- The Scottish Ministers, website of the Judiciary in Scotland
  18. ↑ Salvesen v Riddell, para.58
  19. ↑ Supreme Court judgment, paragraphs 109 to 110
  20. ↑ "Deputy First Minister's Statement on Named Persons" (Press release). Scottish Government. 8 September 2016. Retrieved 9 May 2018.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.