Section 11 Of The Children (Scotland) Act 1995

Section 11 of the Children (Scotland) Act 1995 provides courts with the power to impose and deprive parental rights and responsibilities over a child where their welfare is or may be at risk. They carry this out by issuing a number of orders, such as a residence order, a contact/enforcement of contact order, and a specific issue order. Each of these must only be made where there are legitimate concerns for the welfare of the child, these may include neglect, abuse or situations where the child's physical or emotional well-being is at risk. This is usually decided through a welfare test that is carried out and deliberated upon based on the specific circumstances and facts of the individual case to ensure that any decision over an order to be made is in the child’s best interests. The child’s views must also be taken into …show more content…
A final factor that must be considered when considering enforcing an order is similar to that when carrying out the ‘welfare test’, as it must be discussed as to whether or not making an order is the best course of action or if making no order would be more beneficial. By asking if the child would be better off without an order being placed, the court can more confidently make decisions to improve the life of the child, as opposed to getting involved when there’s little benefit to them. Parental rights and responsibilities (PRRs)1 set out firstly, the parental responsibilities to the child, such as safeguarding their health, ensuring their continued development, and being aware of and protecting the child's welfare, They must provide appropriately for their child, such as through resources and opportunities as well as the basics of food, shelter, and