Chamber and committees

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.

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.

The Scottish Government makes decisions in relation to local government funding as part of the annual Scottish Budget process. For 2024-25, Ministers provided £147 million to fund the Council Tax freeze - equivalent to the income from a 5% increase - and every local authority in Scotland accepted that offer.

We are not aware of any reports by the Accounts Commission that local authorities are facing unsustainable budget shortfalls.

Councils are statutorily required to set balanced budgets, and the Accounts Commission appropriately highlights that the use of one-off measures, such as the use of reserves, in place of established recurring measures and robust longer-term financial plans to bridge notional budget gaps is unsustainable.

The Scottish Government has a long history of working with COSLA and local authorities to make sure council finances are sustainable and that available resources can meet long-term commitments.

The record funding settlement for Local Government in 2025-26 provided a real terms increase in funding of 5.5 per cent, as confirmed by the Accounts Commission, and was the result of early and meaningful engagement between Scottish Government, COSLA and Councils. We remain committed to ensuring the sustainability of local services going forward and budget engagement ahead of the 2026-27 Scottish Budget has already commenced.

The £60 million play park renewal funding is allocated to local authorities to use across their whole play estate. It is the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them based on local needs and priorities. The Scottish Government recognise that the extent of renewal and refurbishment will be influenced by local plans and investment priorities and engagement with children and young people.

The Scottish Government does not hold data centrally on the geographic and socio-economic spread of play parks within local authority estates.

The Scottish Government does not receive data from Local Authorities on the inclusion of accessible or inclusive equipment in play parks renewed using the renewal funding. As noted in the answer to S6W-38036 on
13 June 2025, Local Authorities report annually every April on their play park renewals carried out as a result of the Scottish Government’s £60m play park renewal funding.

As noted in the answer to S6W-38037 on 13 June 2025 the Scottish Government has chaired quarterly network meetings of Local Authority play park leads. The network allows Local Authorities to provide updates and how funding is being used and to share best practice and common issues.

All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

A scoping exercise undertaken by COSLA in 2022, identified that there were 969 parks in need of immediate refurbishment and that 2,542 were in need of refurbishment within 1-5 years. The £60 million capital investment would support the renewal of all play parks in need of immediate renewal and around 1,000 of the play parks identified needing renewal over the funding commitment period.

Since funding began in 2021, the Scottish Government has chaired quarterly network meetings of Local Authority play park leads. The network allows Local Authorities to provide updates on how funding is being used and to share best practice and common issues.

Figures for 2024-25 are still being finalised, but reports so far show the following number of renewals per year since funding began:

I refer the member to the answer to question S6W-38037 on xxxxxxx which provides detail on the COSLA scoping study undertaken in 2022. Local authorities have a general responsibility to maintain play parks that serve their communities and this investment provides a boost in funding to accelerate local plans and improve play experiences for all children in Scotland. The reporting by Local Authorities agreed with COSLA does not include data on the condition of play parks before or after renewals. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

It is the statutory responsibility of local authorities to manage their school estate, therefore, the Scottish Government does not hold this information.