Chamber and committees

Local authorities are responsible for meeting the statutory guidance requirements in relation to cross-boundary and are further encouraged to work together to ensure families’ choice of provider is not limited by local authority boundaries through joint Funding Follows the Child guidance developed by COSLA and the Scottish Government. The Children and Young People (Scotland) Act 2014 (Section 50) also requires local authorities to consult with families in their area about how they should make ELC available.

The Scottish Government has an outcomes-based evaluation strategy for the national ELC expansion, which will look at accessibility. We published an interim report in August 2024, with the full report due to be published next by the end of 2025.

A further national Parent and Carer Survey took place in May 2025, building on the surveys previously undertaken in 2017 and 2022. Findings from the survey will be published later in the year and will provide a useful insight into parents' and carers' current experiences of 1140.

Local authorities hold the statutory duty to make 1,140 hours of funded ELC available to eligible children residing within their own area, and are also responsible for meeting the statutory guidance requirements in relation to cross-boundary placements.

Statutory guidance is clear that, wherever possible, education authorities should make arrangements that ensure families accessing cross-boundary placements are treated on the same basis as families accessing provision in their own local authority area.

To ensure families’ choice of provider is not limited by local authority boundaries, we encourage local authorities to work with neighbouring areas through Funding Follows the Child guidance, developed jointly by COSLA and the Scottish Government.

The Minister for Children, Young People and The Promise continues to engage with local government representatives on this issue to encourage Councils to work together to find cross-border solutions that support children, families and providers.

The Scottish Government wants to ensure that the child’s best interests are at the centre of any contact case and that the voice of the child is heard. Family circumstances can vary considerably and so, beyond those general principles, there is no single approach which will fit every contact case.

Contact orders are made by courts under section 11 of the Children (Scotland) Act 1995. Through these orders, courts can regulate the arrangements under which non-resident parents maintain personal relations or direct contact with children under the age of 16.

When the court is deciding whether, and in what terms, to make a contact order under section 11 the welfare of the child must be the court’s paramount consideration. The court must also – taking into account the child's age and maturity – have regard to any views the child wishes to express and have regard to matters such as the need to protect the child from the risk of abuse.

Those with parental responsibilities and rights (including in relation to contact) are also expected to exercise these in the interests of the child and, where appropriate, to have regard to the views of the child. If the arrangements provided for in a contact order are no longer considered appropriate the matter could, in appropriate cases, be brought back to the court (including by or on behalf of the child themselves) for the order to be varied or recalled.

The court may order contact to take place at a child contact centre. We expect child contact services to take a child-centred approach, using trauma-informed approaches. We would not expect a child who is distressed to be forced into contact.

The Scottish Government provides funding to Relationships Scotland who are the largest provider of child contact services in Scotland. Child contact services have practices in place to help support facilitation of contact orders, for example: familiarisation visits; gradual build-up of time in contact; signals if child wants contact to end; family support workers to support parents and children.

The education and training of the Scottish judiciary is the responsibility of the Lord President, who established the Judicial Institute for Scotland (the Institute) to conduct training for all sheriffs and judges in Scotland.

The Scottish Government’s understanding is that consideration of domestic abuse has been an ongoing component of the Institute’s training since 2019. In response to the Domestic Abuse (Scotland) Act 2018 the Institute launched a learning programme for all judicial office holders at that time. This training included a Domestic Abuse Resource Kit, which has been extended to cover the implications of domestic abuse in civil cases and the interaction between criminal and civil cases.

Domestic abuse training has also been implemented into induction courses since 2019, ensuring that all those coming into post receive similar training, particularly covering the concept of coercive control in the context of domestic abuse. In addition, family and civil law courses consider the impact of coercive control and other forms of abusive behaviour in family disputes.

The Institute’s annual reports can be found on the Judiciary of Scotland website.

Solicitors in Scotland have to undertake Continuing Professional Development (CPD) relevant to their roles in line with the Law Society of Scotland's CPD requirements. Training on domestic abuse is available and revisited regularly, for example, the recent webinar on: A Review of Domestic Abuse in Scotland | Law Society of Scotland.

However, there is no specific requirement for solicitors working in the civil system to undergo specialist training in domestic abuse, coercive control and the potential impact on children’s lives.

It is the Scottish Government’s view that both parents should be involved in their child’s life, as long as this is in the child’s best interests.

The Children (Scotland) Act 1995 is the key legislation on contact, residence, and parental responsibilities and rights. When deciding whether to make an order under section 11 of the Act (e.g. a contact order) the welfare of the child must be the court’s paramount consideration.

The court must also – taking into account the child's age and maturity – have regard to any views the child wishes to express and the need to protect the child from any abuse, or the risk of any abuse, which affects or might affect the child.

There is no legal presumption in favour of contact contained in section 11 of the 1995 Act. It is for the court to decide what information and evidence it needs to make a decision about what is best for a child, based on the facts and circumstances of the case.

However, recent research suggested there is a general presumption that contact is in the child’s best interests: Domestic Abuse and Child Contact: The Interface Between Criminal and Civil Proceedings - SCCJR.

Following this research, the Scottish Government has held workshops with key stakeholders on how to improve the interaction between the civil and criminal courts in the context of domestic abuse. The Scottish Government is currently considering potential changes to take forward.

The Children (Scotland) Act 1995 is the key legislation on contact, residence and parental responsibilities and rights. When the court is deciding whether to make an order under section 11 of the Act (e.g. a contact order) the driving principle of the legislation is that the welfare of the child must be the court’s paramount consideration.

The court must also – taking into account the child's age and maturity – have regard to any views the child wishes to express and have regard to the need to protect the child from any abuse (including domestic abuse), or the risk of any abuse, which affects or might affect the child.

It is for the court to decide what information and evidence it needs to make a decision about what is best for a child. The court may request a range of reports and information before reaching a decision and may appoint a child welfare reporter to get the child’s views or report on the best interests of the child.

The court can order that contact must take place at a child contact centre. This can either be supervised contact, when a trained member of staff observes the contact to ensure the safety of those involved, or supported contact, facilitated by staff who will support children and non-resident parent to meet and spend time together.