Relevant Provisions of the Children (Scotland) Act 1995, and their Interface with Immigration and Asylum Provisions

The provisions of the Children (Scotland) Act 1995, the Immigration and Asylum Act 1999, the Nationality Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 have been selectively summarised and paraphrased. Anyone considering a particular case should look at the actual terms of the Acts.

CSA 95 = Children (Scotland) Act 1995; IAA 99= Immigration and Asylum Act 1999; NIAA2002 = Nationality Immigration and Asylum Act 2002.

Select the Section you want from the menu:

CSA 1995	Content of CSA 1995	How affected by Immigration and Asylum law
Part I	Parental responsibilities and rights: definition; allocation and reallocation.	Probably not directly affected, but may be issues of international private law to check up on in individual cases. Section 14 deals with issues of jurisdiction, related to the child's 'habitual residence'.
S 14
S 16
S17	- Principal section about ‘looked after’ children. (For additional duties and info. See also sections 29, 30 + 31 of the CSA and the ‘Arrangements to Look After Children (Scotland) Regulations’ 1996, SI 1996/3262 (LA Regs 1996)). - ‘Looked after’ children can live at home or with relatives or with friends or with foster carers (see info on fostering) or in residential units or schools or secure accommodation. - The LA Regs 1996 apply to all ‘looked after’ children, but the rules vary depending on whether the children are ‘looked after at home or away from home. - Children are ‘looked after’ when: accommodated under s 25; subject to a supervision requirement under s 70, whether at home or not; subject to a short-term order or warrant from the court or hearing, like a CPO; subject to a PRO under s 86; transferred into Scottish local authority care from elsewhere in the UK. - The principal duties in all decisions are: safeguard and promote children’s welfare as paramount concern; arrange contact with parents consult with children, parents etc; take account of the views expressed; take account of children’s religious persuasion, racial, linguistic and cultural heritage; - Local authorities must review all ‘looked after’ children’s cases regularly – s 31 and LA Regs 1996. - Local authorities must have care plans for all ‘looked after’ children – LA Regs 1996. - Local authorities must arrange medical assessments and treatment for all children away from home, subject to children’s right to refuse. - Entitlement to Aftercare services – s29.	The duties of the local authority towards ‘looked after’ children, including aftercare duties, are not restricted by the immigration legislation in the same way as duties under s22. When children are ‘looked after’ the duties towards them are not affected by their immigration status. This applies even when children are ‘looked after’ at home.
S18	If the local authority is 'looking after' a child (defined in s 17 (6)), it is an offence for a person who has parental responsibilities and rights to change address without notifying the local authority.	This is not affected by Immigration and Asylum law, but issues may arise if the parents of looked after children are detained or removed by the immigration authorities.
S19 [Top]	Local authority has a duty to prepare and publish plans for services for children.	The duty to prepare and publish service plans is not directly affected by immigration and asylum law. Children’s service plans will mention a range of types of child. Although agencies are not expected to produce individual service plans for each type of child, they should give attention to children in need. They should also have regard to the religious persuasion, racial origin and cultural and linguistic background of children who require services, whether or not they are in need. (See page 15 of Part 1 of guidance on CSA 1995.) The ‘For Scotland’ and ‘SRIF Action Plan’ both specifically mention that 'In the next review period the Scottish Executive and Local Authorities need to ensure that all Children’s Services Plans take account of the specific issues facing asylum seekers and refugees'. The next review period is 2005-2008 involving the completion of integrated children’s service plans. This commitment should therefore be taken to mean that both s19 and s20 apply to asylum seeking and refugee children and should reflect the specific needs of these groups but may also reflect where Immigration and Asylum law has affected the provision of services, eg. s12.
S20 [Top]	Local authority duty to publish information about services for children.	This is not affected by Immigration and Asylum Law but may be a source of information. See above for comments on s 20 - any authority with a sizeable number of refugee children and asylum seekers and/ or with relevant specialist services should include reference in its information about children’s services.
S21 [Top]	If a local authority requests the help of another local authority, specified health agencies or other designated agencies, for help in carrying out their child care and protection functions, that agency must comply insofar as the service requested is compatible with their own statutory or other duties. They may refuse to comply if doing so would unnecessarily prejudice the discharge of their functions.	This may contain some potential for accessing assistance.
S22 [Top]	Local authority duty to safeguard and promote the welfare of children 'in need' and, so far as consistent with that duty, promote the upbringing of such children by their families. Services can be provided for the child or any member of the family. Can include cash in exceptional circumstances, eg. families lacking food, heating, electricity etc.. 'Child' is defined in s 93 (2) (a) as up to 18. 'In need' is defined in s 93 (4) (a). A child is 'in need' if: services are required to help him achieve or maintain a reasonable standard of health or development[1]; he is disabled; or he is affected adversely by the disability of any other person in his family. 'Family' is defined in s 93(1) to include any person with parental responsibilities, and any other person with whom the child has been living.	The Immigration and Asylum Act 1999 (IAA 1999) and the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) set up the framework of the National Asylum Support Service scheme and restricted the application of section 22 for some children and families. The position is different depending on whether the child is an unaccompanied minor, part of an asylum seeker family, or a failed asylum seeker. This section ends with a note on the situation for asylum seeker families who have had NASS support removed because of breaching conditions of its grant. Unaccompanied minors Unaccompanied minors seeking asylum should get the full range of support under the CSA 1995 (including s 22). They are not included in the definition of 'asylum seeker' while they are under 18 so there is no limitation on their entitlement to CSA support. (For over 18s, see notes on s 29 below) This is the link to the definition of asylum seeker in NIAA 2002 section 18: http://www.hmso.gov.uk/acts/acts2002/20041--c.htm#18) Asylum Seeker Families S 122 of the IAA 1999 (as replaced by NIAA 2002 s 47) requires NASS support to be made available to the households of destitute asylum seekers which include dependent children under 18, and prohibits local authorities from providing assistance under the Children (Scotland) Act 1995 s 22 and other provisions where NASS is or could be providing it[2]. This is a summary; the interaction between the duties owed to asylum seekers by social work departments and by NASS is covered in the asylum seekers financial support section. Failed asylum seeker families Families are still entitled to get NASS support after their asylum appeals have failed, up until directions have been set for their removal from the UK (i.e. until a flight has been arranged for them to leave the UK but the family have not got on it) or the Home Secretary has issued a certificate under the 2004 Act saying that they have unreasonably failed to leave the country voluntarily (not in force yet). After that, if NASS withdraws support, local authorities have to provide assistance to children, and also to adults to whom assistance has to be provided in order to avoid a breach of a person’s Convention Rights or their right under European Community law. This is covered in NIAA 2002 Sched 3, and explained in the asylum seekers financial support section. Asylum seekers who are excluded from NASS for breaching conditions of support NASS support can be removed where the conditions of its grant are broken. This could be because of causing nuisance or another condition of the support. S 22 duties remain intact for children and families whose NASS support has been removed for this reason. Their entitlement has not been affected by the IAA 1999 or the NIAA 2002 because the exclusions apply where NASS is or could be providing support. Persons without leave who have not had removal directions set; also deals with NIAA 2002 Schedule 3, but does not concern asylum seekers M v Islington London Borough Council (Court of Appeal 2 April 2004, The Times, 22 April 2004, concerned reg 3 of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002. These regulations were made by the Secretary of State under NIAA 2002 s 54 and Sched 3 Para 1(1)(g). The claimant was unlawfully in the UK (but was not an asylum seeker) and had a dependent child who was a UK citizen. The local authority had offered her and the child tickets to Guyana instead of accommodation. The Court of Appeal held that the local authority had a power, but not a duty, to offer accommodation to the claimant pending any failure of the parent to comply with any removal directions. In exercising its power, the local authority had to be aware of its obligations under the ECHR. The court observed that the authority might have little option but to exercise the power on the facts, but the question could only be answered finally once the authority had reconsidered the case in the light of the judgment. Two members of the court noted that the judge had been wrong to hold that the power to accommodate was time limited.
S23 [Top]	Particular local authority responsibilities towards children affected by disability; their own or that of others in the child’s family. This provision is located within the broad scope of the children in need provisions in s 22. It includes a right to an assessment of the child or disabled family member, to assess the impact on the child.	This section describes the kinds of services that a local authority should provide under s 22 to a child who is disabled or affected by someone else’s disability. Although the IAA 1999 and the NIAA 2002 have not affected it, it is so closely connected to Section 22 that the restrictions placed on that section would appear to have an impact here too. The nature of that impact has not been tested in Scotland, and would probably be narrowly construed in other words it should be argued that there should be low threshold for finding that duties do exist to disabled children.
S24 [Top]	Where a carer (who is not an employee or appointed volunteer) so requests, a local authority has a duty to assess the ability of the carer to care for a disabled child. This assessment must be taken into account in identifying the child’s needs.	This section describes the kinds of assistance that a local authority should provide under section 22 to a carer of a child who is disabled or affected by someone else’s disability. Although the IAA 1999 and the NIAA 2002 have not affected it, it is so closely connected to Section 22 that the restrictions placed on that section would appear to have an impact here too.
S25 [Top]	Duties and powers to accommodate In certain circumstances, a local authority has a duty to provide accommodation for children under 18. (see s 93 (2)(a) for definition of 'child'). The local authority also has a power to provide accommodation for children up to 18 and young adults up to age 21. The duty to persons under 18 arises if >any of the following applies: No-one has parental responsibility; The child is lost or abandoned; The person who has been caring for the child is prevented (for whatever reason) from providing suitable accommodation or care. Circumstances where the authority should support alternative arrangements to accommodation to provide accommodation for anyone aged up to 21 applies if doing so would safeguard or promote that person’s welfare. Before providing a child with accommodation, the local authority must have regard to the views of the child, taking account of the child’s age and maturity. The local authority cannot provide accommodation for persons under 16 if anyone who has parental responsibilities objects and is able to provide accommodation or to arrange for its provision for the child. Note that parents can object successfully if they can arrange accommodation for a child. So destitute parents could arrange for someone else to look after their child, using the provisions of s 3(5) of the CSA 1995. After a certain period, if the carer is not a relative, the child will become a private foster child in terms of the Foster Children (Sc) Act 1984. This gives the local authority some supervisory responsibilities. This might become relevant if the government proceeds upon its current proposed path.	Section 25 is mostly directed at separated children, so in this context, it will be most relevant to unaccompanied minors. The IAA 1999 and the NIAA 2002 have not amended or restricted its application in any way. The power to accommodate a young adult up to 21 would apply to young adult asylum seekers as it does to anyone else whose welfare requires it and it should be used without discrimination. In reality this could happen if it would be disruptive for the young person to be re-housed at 18, because of pursuing further education or employment; due to maturity issues or lack of family support. A child who is accommodated under Section 25 becomes a 'looked after' child' and cannot be placed with his or her immediate family (see the notes on section 26 below). What if the section 25 duty arises, and the parents are destitute but the child wants to stay with them or other members of the extended family? As parents can object to the child being looked after by the local authority if they can make alternative arrangements themselves, and as the views of the child are to be given some weight, there may be scope for placing the child with other relatives, and this might in turn become a formal fostering arrangement. Any such arrangement should be assessed and monitored by the local authority to ensure that the fostering arrangement is in the best interests of the child and is not being entered into to benefit the adults at the expense of the child. This is an area where an independent guardian would play a useful role in ensuring the best interests of the child/ young person were the primary consideration and that this included consideration of the impact on their asylum application/residency. There is a newly established National register of unaccompanied children established by the Home Office which will allow better monitoring of this group and is seen to help protect them from trafficking but this is doubtful. This is a group potentially at risk of exploitation and abuse and monitoring of their welfare is therefore important.
S26 [Top]	Describes the ways in which the local authority can provide accommodation for children 'looked after' by them. 'Looked after' is defined in s 17(6) to include those accommodated under s 25 and other provisions, e.g., those placed by a children’s hearing. S 26 says the child may be placed with a family, a relative, or any other suitable person, or in a residential establishment. The local authority may also use other generally available facilities for child care. However, the child cannot be placed with his or her own immediate family – i.e. anyone who falls within the definition of 'family' in s 93(1). The placement may be in any part of the United Kingdom. Local authority placements are further regulated by: The Arrangements to Look After Children (Sc) Regulations 1996; The Fostering of Children (Sc) Regulations 1996; and the Residential Establishments – Child Care (Sc) Regulations 1996.	This section sets out the forms in which CSA s 25 assistance can be provided. Like s 25, it is unaffected by IAA 1999 or NIAA 2002. It could be used to pay foster carers who are relatives of a child who has been placed with them. The appropriate police checks and assessments would have to be made before making such a placement. Care by relatives (kinship care) has been subject to diverse practices by different local authorities with regard to both payment and legal status. This is a key feature of the current review on looked after children. S 17(4) (c) says that the racial origin of the child is relevant when a suitable placement is bring sought.
S27 [Top]	Where children fall within the definition of 'in need' in Section 93(4)(a)[3], the local authority has a duty to provide day care (for those under 5 who have not started school) and out-of-school care for those in attendance at school. There is a power to provide these facilities for children who are not 'in need.' The local authority may also provide training, advice, guidance and counselling for those caring for or accompanying children in day care.	This section has not been amended by IAA 1999 or NIAA 2002. It obliges the local authority to provide day care for under fives and after school care for asylum seeker children who are 'in need'. Duration of any day care will be as long as needed in practice. The measure would be whether it met the current National Standards and whether it met the duty to look after a child in need – enough to protect the child from harm, promote its survival and development.
S29 [Top]	This sets out the local authority’s duty to assist young people who have been 'looked after' by them. The threshold for the duty is that the young person is over school age, and was 'looked after' on or after reaching school leaving age. School leaving age is not exactly the 16th birthday, but may be a few months before or after. The duty to assist in accordance with the young person’s assessed needs applies until the 19^th birthday, but the local authority has the power to provide assistance under this section up to the age of 21. Assistance can be in kind or cash. (Local Authorities give assistance in kind where this is possible, but in practice most help has traditionally been monetary, though it may be by payment to a third party.) The duty applies whether the young person was looked after by the local authority in whose area he is, or another local authority in Scotland, England or Wales.	Failed asylum seekers NIAA 2002 excludes failed asylum seekers who have not complied with removal directions from entitlement to support under CSA s29, unless to do so would breach European Community rights or Convention Rights under the Human Rights Act (see NIAA 2002 Sched 3 paras (1) (3) and (6)). This applies to all young people who were previously 'looked after', whether they are unaccompanied or with their families. Failed asylum seekers who have not received removal directions (i.e. have had a flight arranged for them) are unaffected by this exclusion and are still entitled to assistance. Young unaccompanied asylum seekers Local authorities owe the same duties to young unaccompanied asylum seekers as they owe to other young people. So they should get the same services as any other 'looked after' child, including a care plan. These provisions of the Children Leaving Care Act 2000 do not apply in Scotland. However, they share the same aim as CSA s 29 of imposing a duty on local authorities to carry on assisting young people who they used to ' look after', so there could well be a duty in Scotland to provide assistance at least until the young person reaches 19. If they become failed asylum seekers after they reach 18 (or 19 if s 29 is complied with) and also fail to comply with removal directions, then Sched 3 says that their entitlement to s29 support would end unless Community rights or Convention rights can be invoked. Asylum seekers who are excluded from NASS for breaching conditions of support: NASS support can be removed where the conditions of its grant are broken, because of nuisance etc. S 29 duties remain intact for young people whose NASS support has been removed for this reason.
S30 [Top]	A person who meets the threshold conditions for s 29 may also qualify for assistance under s 30. This allows the local authority to make grants to enable care leavers to meet expenses in connection with education and training, and also to help with accommodation and maintenance costs incurred in connection with education, training, employment or job-seeking. The local authority’s power to help continues until the young person is 21, or until the course of education or training is completed, with due allowance being made for short interruptions.	This section sets out the forms in which s 29 assistance can be provided. See above for notes about how the IAA 1999 and the NIAA 2002 affect CSA s 29. So if a s 29 power or duty can be invoked, s 30 should also apply.
S36 [Top]	If a child is living in a hospital or nursing home and has had no parental contact for 3 months, or is unlikely to have parental contact for a period of 3 months, notification must be made to the local authority who will have a duty assess the child’s welfare and consider whether they should take any steps to safeguard it.	This duty is unaffected by IAA 1999 or NIAA 2002, so it is owed to asylum seeker children and young people in the same way as it is owed to the general population.
S38 [Top]	Children and young people (aged up to 18) may ask the local authority or a designated care home for 'refuge.' The local authority or care home may provide such refuge at the child’s request if it appears to them that the child is at risk of harm. The local authority refuge would be provided in residential establishment or approved household, and could last for up to 7 days or, in exceptional circumstances, 14 days. The legal effect of such refuge relates mainly to children who run away from public care. Normally, anyone 'harbouring' the runaway would be guilty of an offence, but this does not apply to the managers of the refuge. S38 is fleshed out by the Refuges for Children (Sc) Regulations 1996.	This duty is unaffected by IAA 1999 or NIAA 2002, so it is owed to asylum seeker children and young people in the same way as it is owed to the general population.
S52 [Top]	This sets out the grounds for referral to a children’s hearing which would decide whether to impose compulsory measures of supervision on a child. (This includes situations where a child has committed an offence; is beyond control of a parent; is likely to suffer due to lack of parental care; does not attend school without reasonable cause; has misused drugs, alcohol or volatile substances.)	This duty is unaffected by IAA 1999 or NIAA 2002, so it is owed to asylum seeker children and young people in the same way as it is owed to the general population.
S53 [Top]	The local authority has a duty to cause enquiries to be made if it receives information that suggests that compulsory measures of supervision may be necessary in respect of a child. If it believes that this need exists, it must pass the information to the Children’s Reporter, who will decide whether to call a children’s hearing. The police also have a duty to pass such information to the Reporter. Any other person may do so.	This duty is unaffected by IAA 1999 or NIAA 2002, so it is owed to asylum seeker children and young people in the same way as it is owed to the general population.
S54 [Top]	Where a court considering certain family law or education matters believes that any of the grounds for referral to a children’s hearing is satisfied[4] (apart from commission of an offence by a child), it may refer the matter to the Children’s Reporter. If the Reporter decides to refer the case to a children’s hearing, the grounds specified by the court will be regarded as established, so no further court action is necessary to prove them.	This power is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S55 [Top]	A local authority can apply to the sheriff for a child assessment order (CAO) to allow assessment of a child’s health or development or the way the child has been treated. This is designed for situations in which the local authority has reason to suspect that the child is suffering, or is likely to suffer, significant harm, but an assessment is needed to test the suspicion out. The application will be granted only if it seems unlikely that a satisfactory assessment would be carried out in the absence of an order. The order can require production of the child and permit an authorised person to carry out the assessment. It can last for up to 7 days and include overnight stays. It can authorise removal of the child to any place, and the child’s detention there, for the purposes of the assessment.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S56 [Top]	A Children’s Reporter who is assessing a case, when they receive a referral to decide whether to refer on to a children’s hearing, take other action or take no action, may require the local authority to produce a report on a child. The report would address such things as family background, information relevant to the ground of referral, school progress, an overall assessment of need and a suggested plan (or options). Sometimes specialist medical assessments are included. The Reporter may then decide: to take no further action; to refer the case to the local authority for advice, guidance or assistance; or to call a children’s hearing.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S57 and 58 [Top]	S 57 sets out 2 routes for obtaining a child protection order (CPO) from a sheriff. This order can authorise production of a child, removal from home, or prevention of removal for the place the child already is (e.g. a hospital). It can be accompanied by a broad range of conditions and directions (under s 58), including issues about contact and medical or other assessment or treatment. It can require that the child’s location should not be disclosed to certain persons. The first route into a CPO can be taken by 'any person' (including a local authority). The grounds relate to the existence or likelihood of significant harm, and the necessity of the order to protect the child. The second route is an additional route for local authorities only. It addresses situations in which there is a suspicion of significant harm, but it cannot be tested out because the local authority’s enquiries are being frustrated by access to the child being unreasonably denied. Sometimes one set of circumstances might seem to provide grounds for either a child assessment order under s 55 or the second route into a CPO. The deciding factor will be the degree of urgency. If it is urgent, a CPO will be indicated. If it is not urgent, a CAO will be more appropriate. A CPO will often feed into an early children’s hearing, on the 'second working day' after action is taken (see s 59).	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S61 [Top]	This addresses circumstances in which lack of availability of a sheriff makes it impracticable to apply for a CPO. There are 2 'fall-back' provisions, which allow the child to be taken to a place of safety and kept there for a maximum of 24 hours. Firstly, any person (including a local authority) may apply to Justice of the Peace, who can authorise emergency protection measures, similar to those available under a CPO. The second route is available only to the police who can act on their own initiative to take a child to a place of safety if the conditions are satisfied. Further details are set out in the Emergency Child Protection Measures (Scotland) Regulations 1996.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S70 [Top]	Allows a children’s hearing to impose a supervision requirement on a child. This may require meetings with a social worker, with the child remaining at home, or can require the child to live in a residential establishment or foster home. A broad range of conditions can be attached, regulating contact and authorising medical examination or treatment of children who are not competent to make their own decisions. The child’s address may be kept secret form specified persons. If the conditions are met, the child can be placed in 'secure accommodation' in a locked facility. Supervision requirements must be reviewed regularly, at least once a year (see s 73). A child can remain on supervision until the 18th birthday.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S73 [Top]	This sets out the general 'review' provision in relation to a supervision requirement. More particularly, s 73(7) addresses the situation in which a 'relevant person' proposes to take the child to live outwith Scotland, without the authority of the children’s hearing or a court dealing with parental responsibilities and rights (see s 11). The 'relevant person' must give both the local authority and the Children’s Reporter at least 28 days notice of the proposed removal. The Reporter must arrange a children’s hearing to review the supervision requirement. The hearing may terminate the requirement, continue it or vary it. 'Relevant person' is defined in s 93(2)(b) to mean anyone with parental responsibilities, and anyone who ordinarily has charge or control over the child, other than by reason of their employment. [Comment: Prof. K Norrie comments that 'the children’s hearing, by specifying a place of residence for the child within Scotland, may effectively prohibit the child’s removal from the jurisdiction (if, as always, they consider that this is necessary in the interests of the child). … However, it is noticeable that the statue lays down no sanction on a relevant person who fails to give the reporter the appropriate notification'.[5]	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population. Q; What would happen if the hearing said that the child could not be removed? There would be practical problems associated with using this power of the children’s hearing to resist removal. Firstly, circumstances would have to be very extreme before the order from the children’s hearing would prevail over the Home Office instruction to remove the child. Negotiation based on the risk which removal presents to the child would be a likely way forward. Secondly, if the family is instructed to move by NASS, and they fail to go because of the children’s hearing requirement, there may be practical support problems if NASS will only support them in the accommodation they are offering because, as mentioned above, where NASS has a duty to accommodate, it displaces the CSA s 22 duty.
S76 - 80 [Top]	Allows the local authority to apply to the sheriff for an order excluding from the child’s family home any (named) person who has significantly harmed the child or poses a significant threat to the child. An interim order may be granted without the excluded person being given the opportunity to be heard but, in terms of the relevant Rules of Court, a court hearing would have to take place within 3 working days.[6] Interdicts with powers of arrest can be attached to the order.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.
S86 - 89 [Top]	The local authority can apply to the sheriff for an order transferring to itself the parental responsibilities and rights in relation to a child. Certain conditions must be satisfied, relating to the parents’ agreement, persistent lack of care, serious ill-treatment, or unreasonable withholding of agreement.	This is unaffected by IAA 1999 or NIAA 2002, so it applies to asylum seeker children and young people in the same way as it applies to the general population.

Glossary

CAO: child assessment order (s 55 of the CSA)

CPO: child protection order (s 57 of the CSA)

CSA: Children (Scotland) Act 1995

IAA: Immigration and Asylum Act 1999

LA Regs 1996: Arrangements to Look After Children (Scotland) Regulations 1996 (SI 1996/ 3262)

NASS: National Asylum Support Service

NIAA 2002: Nationality Immigration and Asylum Act 2002

PRO: parental responsibilities order (s 86 of the CSA)

SRIF: Scottish Refugee Integration Forum?

[1] This is a limited paraphrase of the actual definition. See s 93(4)(a) of the CSA 1995.

[2] Immigration and Asylum Act 1999 s 122(5)

[3] An abbreviated description of the definition is set out above re s 22.

[4] Grounds are set out in s 52(2) of the CSA 1995.

[5] Norrie, K. KcK., Children’s Hearings in Scotland, Edinburgh: W. Green/Sweet & Maxwell, 1997, p. 136. The first part of this quote is replicated in Norrie, K. McK., Children (Scotland) Act 1995 (Revised Edition), Edinburgh: W. Green/Sweet & Maxwell, p. 152.

[6] Act of Sederunt (Child Care and Maintenance Rules) 1997, Rule 3.36.