FAQs

What are Parental Rights and Responsibilities?

Parental Responsibilities

Parents and people looking after children are expected to do certain things for the children they look after while the children are growing up.

Generally, both parents have a responsibility to give financial support to their child – even if they don’t have parental rights and responsibilities (PRRs) for a child. This responsibility continues up to the age of 18, and up to 25 if the child is in education or training up to 25.

People with Parental Rights and Responsibilities are responsible for:

• Looking after the child. This includes things like making sure the child is looked after when they are ill and helping them to be healthy.
• Making sure the child goes to school or if they are not in school that they are getting an education
• Providing direction and guidance to the child. This includes making decisions about what is best for the child and saying what the child can and cannot do, as well as giving help, advice, guidance and support.
• Making sure they stay in direct contact with the child, if they are not living together. That means staying in touch and being involved in the life of the child and giving the child the chance to have a relationship with them.
• Acting as the child’s legal representative. That means they can speak for the child in any legal matters which involve them – for example where parents separate or divorce or if there is a criminal case. If the child is old enough they can speak to a solicitor for themselves.

Parental Rights

People with Parental Rights and Responsibilities are allowed to do certain things so they can meet their responsibilities to the child. These are called parental rights.  People with Parental Rights have the right to:

• have the child living with them or decide where the child should be living;
• control, direct or guide the child’s upbringing – this means having a say in decisions about what is best for the child
• have contact with the child if they are not living with them, and
• act as the child’s legal representative.

Who has Parental Rights and Responsibilities for a child?

• The child’s mother automatically gets Parental Rights and Responsibilities when the child is born.
• The child’s father automatically gets Parental Rights and Responsibilities when the child is born if he is married to the child’s mother
• A father who doesn’t have Parental Rights and Responsibilities when a child is born can get them by:
  • being named as the child’s father on the birth certificate (if the child was born after 4 May 2006)
  • if both mother and father agree, they can make a formal written agreement that the father should have PRRs – this is called a Parental Responsibilities and Parental Rights Agreement – or
  • getting an order from the Court giving him Parental Rights and Responsibilities. The Court will make the decision about who should have PRRs based on what is in the child’s best interests
• Other people, such as grandparents, step-parents or aunts and uncles, can apply to the Court for an order giving them Parental Rights and Responsibilities. The Court, will make the decision about who should have Parental Rights and Responsibilities based on what is in the child’s best interests

Can Parental Rights and Responsibilities be taken away?

Yes. Parental Rights and Responsibilities can be taken away from anyone who has them – including the child’s mother. This is done by an order of the Court. The Court, will make the decision about who should – or shouldn’t – have Parental Rights and Responsibilities based on what is in the child’s best interests

How can I get an order that takes away my parent’s rights and responsibilities?

The only way this can be done is through a court order, such as a Permanence Order (see our separate factsheet on Adoption and Permanence). If you are under 16, someone must have Parental Rights and Responsibilities for you, such as the local authority (social work) or another person, like a family member.

What happens if more than one person has Parental Rights and Responsibilities and they disagree over what’s best for the child?

People with Parental Rights and Responsibilities can make a lot of decisions about the child without having to all consult and agree with each other.

If they are reaching a major decision then they should consider what anyone else with Parental Rights and Responsibilities thinks and they must consider the views of the child, if the child is old enough and can understand what is being decided. Examples of a “major decision” include changing a child’s name, changing their nationality and emigrating.

If all the people with Parental Rights and Responsibilities can’t agree on what’s best for the child when reaching a major decision then the Court can make a decision about what is in the child’s best interests.

What rights does someone with Parental Rights and Responsibilities have if Social Work decide that a child needs to be taken away from their parent(s)?

The Social Work Department may decide that for a child to be safe or properly looked after they need to take them away from their parents and take them to live somewhere else like with another family member or in foster care.

The Social Work Department may ask if the persons holding Parental Rights and Responsibilities will agree to the child being placed in alternative accommodation. This is known as a “voluntary arrangement”. Otherwise, there are some legal orders issued by the Courts or Children’s Hearings which allow for children to be removed from the care of those with PRRs, where it is in that child’s best interests.

Travelling abroad

No-one can take a child abroad without the permission of those with Parental Rights and Responsibilities. This means that if the child is being taken out of the UK, even just for a holiday, then anyone with Parental Rights and Responsibilities must agree to that happening.

If someone with Parental Rights and Responsibilities won’t give their consent then anyone else, including the young person, can ask the court to grant an order allowing the child to travel abroad.

Passport applications

If your parent’s Parental Rights and Responsibilities have been removed and transferred to the local authority (council) through a permanence order, then the local authority should be able to apply for a passport on your behalf.

If a looked after young person wants to apply for a passport and the people with Parental Rights and Responsibilities can’t be found or are deceased, the local authority may apply for a passport on your behalf and explain the circumstances as to why your parents can’t consent.

If the people with Parental Rights and Responsibilities will not give consent to a passport application, then the young person might be able to ask the Court for an order allowing the local authority to apply for a passport on your behalf.

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.

What is Criminal Injuries Compensation?

The government can award money to people who have been injured as a victim of violent crime.

 What is a violent crime?

 Some examples are:

• Assault – when someone physically hits, hurts or attacks you
• Domestic violence – if you are hurt, abused or intimidated by someone you live with, someone in your family or someone you are in a relationship with. Domestic abuse can be physical, emotional, psychological or sexual abuse. Anyone forced to change their behaviour because they are scared of the reaction from someone they are in a relationship with or live with may also be abuse.
• Murder (if someone close to you is murdered or dies because someone commits a crime)
• Sexual crimes (sexual assault, indecent exposure, rape)
• Harassment and stalking
• Hate crime (crimes relating to race, religion, sexuality, disability)
• Robbery (taking money by violence)
• It’s not always obvious that you have been a victim of a crime. If you are worried, confused or vulnerable or something has happened that makes you feel uncomfortable then you can speak to the Victim Support Helpline on 0345 603 9213.

What is a criminal injury?:

• A physically injury because of abuse or a crime of violence.
• mental health problems or emotional problems because of abuse or a crime of violence. for example, if you have panic attacks or are depressed.

What compensation could you claim?

• There is a scheme called the Criminal Injuries Award scheme which sets out how much compensation people will get depending on the type of injury.
• You could get compensation if you lose out on work or miss out on education because of the criminal injury.
• If a family member who looks after you is killed by a crime of violence you may be able to claim for financial help for yourself and you may be able to claim on behalf of the victim.

What are the rules for making a claim?

• You can only claim if you have reported the crime to the police. When you report the crime to the police you are given a police reference number and you will be asked to give this in your application form.
• BUT: you can still claim even if the person who committed the crime isn’t caught, and you can claim even if they are not found guilty of the crime.
• You have to make the claim within two years of the crime being committed. There are times however when this rule does not apply – for example if you were victim of abuse when you were a child or if there are reasons you could not claim any sooner. If you decide to make a claim you should do this as soon after the crime as possible.
• You must be “blameless” for the crime that you are claiming for – that means you must not have been involved in the crime yourself. You can still claim if you have a criminal record BUT if you have a criminal record the amount of award you get might be less.

How do you make a claim?

You need to complete and send in an application form to the Criminal Injuries Compensation Authority (also known as CICA).  You can do this by completing the form online at  https://www.gov.uk/claim-compensation-criminal-injury#before-you-start or you can phone Criminal Injuries Compensation Authority on  0300 003 3601

Do you need help with making a claim?

There are some reasons you might want to get help with making a claim:

• It is important to fill in the form properly and if you don’t do this it might mean you don’t get compensation.
• Once you have applied you will be given time limits to come back to CICA with more information and it’s very important that you respond in time – if you don’t it might stop your claim.
• If you accept the offer you have to fill in forms to claim the money. It is very important that you follow the instructions or it could mean you don’t get the money.

Because it’s important that you get all these things right you might want to get some help with the application process.

You can get help from a family member, friend, social worker or advocacy worker. If you want independent advice then Victim Support or a Citizens Advice Bureau can help you. You don’t have to get advice from a solicitor to lodge a claim but if you think it would help then you can speak to a solicitor* (*see our separate information sheet about Getting a Lawyer)

If you want help from a solicitor please contact Clan Childlaw for more information.

If someone is helping you with your claim (“your representative”) then you will have to tell CICA that they are helping you and confirm that you are happy for CICA to give them information about your claim. 

The decision about your claim

When you send in your application CICA will get in contact with the police or procurator fiscal to find out more details about the crime. They will check that you co-operated with the police investigation and that you didn’t have anything to do with the crime. They will check if you have a criminal record.  They might get in touch with the doctor that treated you for your injuries or health problems you have after the crime.  If they need any further information from you they will get in contact with you. It is very important that you give them any more information they ask for, if you don’t then they may stop your application.

When the Criminal Injuries Compensation Authority have made a decision about your claim they will write to you, or your representative, and they may make you an offer of the amount of compensation they will give you. If you are not satisfied with the offer made then you can ask for a review – the letter from CICA will tell you l how you can ask for a review of your offer.

Review

It’s important to get the review right so you should speak to a solicitor or an experienced advice worker before asking for a review. You must get advice straight away because there are time limits for requesting a review. If you miss these limits you may lose your claim and any chance to review.

If CICA review your offer they might increase the offer but also the offer may stay the same, or they might offer less after a review.

If you ask for your offer to be reviewed and still disagree with the offer after review, then you can appeal the decision to a tribunal – that is a panel of independent people who will look again at your claim and at CICA’s decision.

You will receive information from CICA about how to do this. If you decide you want the decision to go to a Tribunal you should speak to a solicitor or an experienced advice worker. You must get advice straight away so that you do not miss any time limits.

Payment of Compensation 

CICA will decide how payment will be made.  CICA should give a full explanation about how they manage payments for young people when they make a payment offer.

They may pay you a lump sum, or make pay in instalments or make a first payment but not pay the full amount until they get more information or make more decisions. For example, they may need to wait and see how long the effects of your injury will last.

If you are under 18 years of age, then CICA will keep the money until your 18^th birthday.  If CICA receive evidence that shows it would not be in your best interests to be given the payment as a lump sum when you turn 18, they will decide how and when to make payment.

For more information about Criminal Injuries Compensation see: http://www.cica-uk.co.uk/?gclid=CJCM3q-UrMwCFWcq0wodmocAdQ

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

What is “over school age”?

If you turn 16 between 1 March and 30 September, you are over school age from the summer leaving date (31 May) of that year.

If you turn 16 between 1 October and the end of February, you are over school age from the winter leaving date (start of the Christmas holidays) in that school year.

When can I leave school?

If you turn 16 between 1 March and 30 September, you can leave school after 31 May that year.

If you turn 16 between 1 October and the end of February, you can leave school at the start of the Christmas holidays in that school year.

At what age can I start working?

14 AND OVER:   –

You can get a job but you can only do work which is safe, won’t be bad for your health, and will not affect you going to school.

• You can’t work more than 12 hours in one week during term time
• You can’t work during school hours
• You can’t work for more than 4 hours without a rest break of one hour
• During your school holidays you must have a full fortnight when you don’t work
• You can’t work before 7am or after 7pm
• You can’t work for more than 2 hours on any school day
• You can’t work for more than 2 hours on a Sunday
• You can’t work for more than 8 hours in one day,

You can’t work for more than 35 hours in one week in the school holidays

IF YOU ARE STILL UNDER 15 then you also can’t

• Work for more than 5 hours in one day.
• Work for more than 25 hours in any week.

School Exclusion

What are the rules about being excluded from school?

You can only be excluded if:

• The school have decided that if you are at school it will be very damaging to order and discipline in the school or will cause a problem for the education of other pupils at the school OR
• Your parent does not follow (or does not allow you to follow) the rules of the school

Can my school just send me home but tell me I’m not being excluded?

Sending you home is still exclusion.  If the school send you home, or use words like “temporary exclusion”, “suspension”, informal exclusion”, or “cooling off period” they still have to follow the rules on exclusion.

What are the rules for the school if they are excluding me?

On the day the school decides to exclude you they have to write to or speak to your parent(s)/those with parental rights and responsibilities for you to tell them about their decision to exclude you.

The school has 7 days from the day you are excluded to arrange a meeting to talk about the exclusion.

They have 8 days from the day you are excluded to write to your parent(s) (or to you if you are over school leaving age) telling them:

• The reasons for excluding you
• What you have to do  before you are allowed back  to school
• The right to appeal against the decision to exclude you
• Where to send an appeal
• Any other appropriate information

If you have been allowed back to school within 7 days of being excluded and if you or your parents tell the school that you won’t appeal against the decision to exclude you, then the school does not have to send a letter.

What happens about my education while I am excluded from school?

Local authorities must make sure you still get an education if you are excluded from school. This can be in another school, or through teaching at home or somewhere out of school.

Challenging an exclusion:

If you are unhappy with the decision to exclude you, you can appeal to your local Education Appeal Committee.  If you are over 16 you can appeal yourself. If you are under 16 and you can understand what it means to instruct a solicitor then you can appeal yourself. If you are under 16 your parents can appeal for you.

Once you have put in an appeal the Education Appeal Committee have a month to decide on it. They can

• confirm the exclusion
• change the conditions for returning to school, although they can’t change the length of time you will be excluded for OR
• cancel the exclusion.

If you are not happy with their decision then you can appeal further through the courts. You will need to speak to a lawyer about this.  

Useful further information:

• National guidance for schools and local authorities in managing school exclusions
• http://www.scotland.gov.uk/Resource/Doc/345984/0115162.pdf

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

What is a lawyer?

Lawyers, otherwise known as solicitors, are people who have studied and had specialist training about the law who work with people to help solve their legal problems. It is their job to explain to you what the law says and what your rights are, and to use the law to help you solve problems and tell the courts and hearings what you think, what your rights are and what you want.

A solicitor can write letters, go to meetings and go to court and to Children’s Hearings’ to tell people what you think, argue for what you want to happen and make sure everyone follows the laws that protect you. If you have to start a court case to resolve your problem a solicitor can do that for you. They can give you advice about what to expect, what the next steps are, what decisions might be made and about what things you should and shouldn’t ask for or agree to. They can challenge things that are said that you don’t agree with or that don’t respect your rights. They can tell you what to do if you disagree with a decision.

I’m not sure if I need a solicitor to help me

It’s sometimes hard to know if a problem you have is a legal problem. If something has happened to you which you feel is unfair, or which is making your life difficult, this may be something a lawyer can help with.

What sort of things can a solicitor help with?  

Clan Childlaw only work with children and young people. We are experts in dealing with the sort of legal problems that children and young people have.

We help with things like:  

• if you have been referred to the Children’s Reporter and have to go to a children’s hearing,
• if you stay with a foster carer or in a children’s unit and you are wondering about your future and what rights you have,
• if your parents don’t live together and can’t agree where you should live or how often you should see your other parent,
• if you have brothers and sisters that you are not having contact with,
• if you are a worried that your baby or child might be removed from your care,
• if you want to have contact with your baby or child,
• If you want a solicitor to represent you at a children’s hearings or in court,
• if you don’t think there is a reason for having a Children’s Hearing about you,
• If there is a case in court about you, or you are supposed to tell the court your views about a decision the court is making,
• if you want to ask for the decision of a children’s hearing to be changed or looked at again.

What age do I have to be to get a solicitor?

Getting a solicitor to take on your case is sometimes called “instructing a solicitor” or a solicitor “taking your instructions”.  If you are 12 or over you will usually be able to instruct a solicitor as long as the solicitor thinks that you understand what a solicitor does and you understand the problem you need help with. This is called “having capacity to instruct a solicitor”.  If you are under 12 and the solicitor thinks you can understand these things then you might still be able to instruct a solicitor. It will be up to the solicitor to decide whether or not you have capacity to instruct them.

When you instruct a solicitor you have to give them full details of what has been happening and what you want them to do to sort things out. They will give you information and advice so that you can decide what you want them to do to solve the problem. The solicitor will not tell you what to do or decide what to do in your case. It’s important that you stay in contact with your solicitor and keep them up to date with what is happening and what you are thinking.  

Do I have to pay for advice from a solicitor?

At Clan Childlaw we can give you free legal advice which means that you will not have to pay to get advice and help from our solicitors. We can sometimes provide free representation in court or hearings where legal aid is not available.

Most solicitors who work with children and young people can apply on your behalf for Legal Aid. Legal Aid can pay for a solicitor to do work on your behalf. Your solicitor will tell you about this. You may have to provide details and proof of what money you have to assess if you can get Legal Aid. You sometimes have to pay a contribution towards the cost of your case. 

How do I get to a meeting with a solicitor?

Most solicitors work in offices and you would have to go to an appointment there or meet them before court or a hearing.

Clan Childlaw’s solicitors will come out to meet you at a place you choose, where you feel comfortable. We meet young people at school, residential units, social work offices, youth clubs or even cafes. We also have meeting space at our offices in Edinburgh and Glasgow.   We try to meet with young people well before hearings so that things are more relaxed and we have time to talk things through properly.

Confidentiality

Any discussions between you and a solicitor are confidential, which means that we will not contact anyone about what is discussed without your permission. This includes other people involved in your case like social work and family members.

If we think that a child or young person is in danger and in need of protection, we have to share that information with others to ensure that a child is kept safe. We would always try to speak with the child or young person first to explain what needs to be done and why such action is necessary.

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

Who will I live with if my parents don’t live together anymore?  

Usually, your parents will have parental rights and responsibilities (There is a separate leaflet on parental rights and responsibilities) which means that they have the right to have you living with them. This is called “residence”.

Will I still be able to see the parent I don’t live with?

If you live with one parent, then the parent who does not live with you still has the right to see you. This is called “contact”. This means that usually you should not be stopped from having contact with a parent who you want to see.

Can my parents agree this without going to court?

If your parents are not living together they have to come to an agreement about which of them you should live with and how much contact you should have with the parent that you don’t live with. Your parents should think about your views when they are agreeing these things.

What happens if my parents can’t agree?

If they can’t agree then a parent may be able to ask the court to make an order about where you live – this is called a ‘residence order’ and about the contact you are to have with the parent you do not live with – a ‘contact order’.  The court should always hear your views before any order is made.  

Telling the court what you want

If you are old enough to understand you should get a letter telling you about the case being in court, and you should be asked to tell the court what you think about where you should live and about contact.

You will be sent a letter asking for your views, which you can fill in and send back to the court. You can ask someone who is not in your family and involved in the disagreement to help you do this, such as a solicitor, teacher or advocacy worker.  

You may also be able to get a solicitor to go to court for you and tell the court what you think and what you want to happen. 

The court may ask someone called a ‘Child Welfare Reporter’ to meet with you to discuss where you live and contact. They will also speak to everyone else involved. They will tell the Sheriff what they think is the best place for you to live and the best way for contact to happen.

For more information on disputes between parents in relation to contact and residence see: http://www.scotland.gov.uk/Publications/2010/12/08145916/4

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

For information about what happens at a Children’s Hearing see: http://www.scra.gov.uk/young-people/. This information is about the things that you might need to speak to a lawyer about if there is going to be a Children’s Hearing about you. 

Can I take anyone with me to my Children’s Hearing?

You have the right to take one person with you to help you talk to the Panel members and tell them your view. Young people can also have a legal representative – called a “Solicitor” at a children’s hearing. A solicitor will make sure that you and everyone at the Hearing knows what your rights are and what you have to say and will make sure that a decision is made in a way that is fair to you.

When a children’s hearing is being asked to send you to stay in secure accommodation or if the hearing is because you have been picked up by the police and are accused of a criminal offence then you must have a solicitor to represent you. If you do not have your own solicitor, the Scottish Legal Aid Board will send a solicitor to meet with you, give you advice before the Hearing and represent you in the Hearing.  

The Reasons for the Hearing – the “Statement of Grounds”

There has to be a serious reason for a Children’s Hearing to take place, like the young person is not healthy or being kept safe or is not going to school. Anyone can tell the Children’s Reporter about concerns they have about a young person. The Children’s Reporter will look into the situation and see if it looks as though there are any reasons why there needs to be a Children’s Hearing. The reasons for Children’s Hearings are listed in the Children’s Hearings (Scotland) Act 2011.

The reasons for the Hearing – the “statement of grounds” will usually be attached when the Reporter sends you the date, time and place for your first Children’s Hearing.

At the hearing you will be read the statement of grounds and asked if you understand and agree with them. Your parents or the people you live with will be asked if they agree with the statement. You can disagree or agree with the statement of grounds even if your parents or the people you live with think something different.

It can help to get some advice from a solicitor so that you understand your rights and the law before you decide if you agree with the grounds of referral.  

What happens if I do not agree with Statement of Grounds?

If you don’t agree with or understand the Statement of Grounds, it is very important that you tell the Panel members. Remember that a solicitor can help you to explain to the Panel why you disagree with the Statement of Grounds. If you explain to the Panel why you don’t think there is a reason for you to have a Children’s Hearing then they may decide they don’t need to have a Hearing – this is called “discharging the referral”.

If you do not agree with the Statement of Grounds but the Panel members still think that there needs to be a Children’s Hearing then they will pass the case on to a judge (called a “Sheriff”) to decide. This is called “referring the matter for Proof”. It can take a few weeks before the court will make a decision, so Panel members can make a short term order called an “interim order” or “ICSO” to keep you safe until the court makes its decision. The Proof is a day or more in court where the Sheriff looks at the evidence and listens to everyone involved and decides if there is a reason to have a Children’s Hearing. You can get help from a solicitor with showing evidence and explaining your views to the Sheriff.

What happens if I agree with the Statement of Grounds?

If you and your parents or the people you live with all agree that there should be a hearing and you all agree with the reasons in the Statement of Grounds, then the Children’s Hearing will go ahead 

The Children’s Hearing and the Decision.

A Children’s Hearing is a meeting where volunteer Panel members, meet you and your family and others and talk over issues and decide what needs to be done to solve the problem and give you help.

Panel members may decide that nothing needs to be done and they will “discharge the referral”. This means that your case is at an end and you will not have to come back to another Hearing for these reasons.

The Panel can make an order, called a “Compulsory Supervision Order” or “CSO” which sets out “Compulsory Measures of Supervision” which means they say exactly what needs to be done by social work or your family or others – to give you guidance, support or extra help. For example they may say that you have to live in a certain place or who you can have contact with.

Your Compulsory Supervision Order will last for one year. It can be reviewed by another Children’s Hearing within that time. Panel members can say when they make the order that they will review it more quickly and not wait a year. You can ask for another hearing three months after the date of your last hearing. Your social worker can ask for a review hearing if he or she wants to change anything in your compulsory supervision order OR if the order is no longer working for you.

What happens if I do not agree with the Panel members’ decision?

If you do not agree with the decision, you can

• Appeal the decision. This means asking a Sheriff to decide if the decision was correct and fair.

If you want to Appeal a decision then it is really important that you speak to a solicitor about this straight away because you only have three weeks from the date of the hearing to appeal.

• Wait 3 months. After three months you can ask for another hearing to look at the decision again.

Do I have to go to my Children’s Hearing?

You have the right to attend your Children’s Hearing – no one can stop you going to your Children’s Hearing or ask you leave.

 If you do not want to go to your Children’s Hearing you can get in touch with the Children’s Reporter and let him or her know that you don’t want to attend and tell them the reasons. You must have good reasons for not wanting to go, for example you know that the hearing will have to talk about something really upsetting that you could not cope with. You can get a social worker, your lawyer or an advocacy worker to get in touch with the Reporter for you.

The Children’s Reporter will arrange a meeting before your Children’s Hearing. This is called a “Pre-Hearing Panel” and it will decide whether you have to go to your Children’s Hearing. If you do not want to go to the Pre-Hearing Panel, you can tell Panel members what you think, in a letter or by contacting the Reporter. You can get someone to help you with this. You will be told the decision of the pre-hearing panel by the Reporter, before the hearing.

If the Pre-Hearing Panel decides that you must attend your Children’s Hearing, then it is very important that you go along. If you do not go, Panel members can ask the police can pick you up to bring you to your Children’s Hearing. This is called “issuing a warrant”.

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

What is a “permanence order”?

If Social Work think that you can’t live with your birth parents, then they can apply to the court for a court order, called a “permanence order” which can say: 

• Your parents, or the people who have parental rights and responsibilities for you, do not have the right to decide where you live.
• Social work can decide where you should live until you are 16 years old.
• Social work have to give you support and help until you are 18 years old.

The order might also:

• take away your parent’s rights and responsibilities* and give these to someone else, like social work or foster carers. (*there is a separate leaflet on parental rights and responsibilities)
• say that you can be adopted. If the permanence order says that you can be adopted, that means that your birth parents can’t challenge your adoption in the future.
• If they think it is in your best interests then the court can order that you are to have some contact with your parents or siblings.  This will probably be limited contact, for example meetings a couple of times a year or indirect contact, for example by letter.

If you are 12 years old or over, social work have to ask you to agree to a permanence order. If you don’t agree then they can’t apply for a permanence order. If you are under 12 then, as long as you are old enough and can understand what is happening, they should ask what your think before they decide to apply for a permanence order.

Adoption

To get an adoption order the people who want to adopt you have to apply to court. If you are 12 or over you must consent to the adoption. If you don’t consent there will be no adoption. If you are under 12, and you can understand the situation and have a view on it, then your views must be taken into account. The court will look at reports from an adoption agency, social work and others. An adoption order will only be granted if the court decides that it is better to make an order than to leave things as they are.

An adoption order will give your adoptive parents full legal responsibilities and rights for you and take away your birth families legal rights permanently. This is different is you still live with a birth parent and are being adopted by a step-parent when the order will give your adoptive parent full legal responsibilities and rights but not take them away from the birth parent you live with.

You can only be adopted if:

• You are more than 5 months old.
• You are under 18 and you have never been married or in a civil partnership.
• You have lived with the people who want to adopt you for at least 13 weeks (or sometimes longer).
• the birth parents agree OR the court decides that their agreement is not needed.
• If you are 12 or over, you have agreed.

An adoption order can’t be reversed or changed. 

Fostering

Fostering places you in a home away from your birth parents and with foster parents. It can be for a short time or a longer time but it is not meant to be forever.

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

The Law and Your Rights

The Data Protection Act 1998 says that any person or organisation with personal information about you must:

• Make sure the information is accurate and

• Make sure the information is kept secure.

If you are 16 or over OR

You are under 16 AND the person that keeps the records thinks that you can understand your right to access information and understand the information you are asking for then you have the right to:

• See information about you that is kept on record
• Say that you do not want other people to see information about you
• Correct any facts that are wrong in information about you. 

An organisation that keeps records about you may not give you information about you if:  

• They think that it will cause you, or someone else, serious harm.
• It identifies another person who hasn’t given permission for you to see information about them.
• It is provided by the Children’s Reporter for a children’s hearing,
• It is in adoption records,
• It has something to do with investigation of a crime
• It is copies of examination scripts or examination results before they are announced.

How To Ask For Your Records: 

You will usually have to write to the people who keep the records asking to see the information.  You might have to show that it’s really you making the request. You should be able to see your records for free but if you need copies then there may be a charge. You should ask about any charges when making your request. You may need help asking for your information. An advocacy or advice worker or a lawyer can help you with this.  

For more information on accessing personal information see: http://ico.org.uk/for_the_public/personal_information

If there are facts that are not right in your records, then you will need to write to the people who keep the records to tell them what you think is wrong and what they need to do to correct it.

School Records

You have a right to a copy of information about you held by your school. You have to write to your local authority (council) asking to see your educational record. For more detailed information on educational records:  http://ico.org.uk/for_the_public/topic_specific_guides/schools/pupils_info

Social Work Records You have a right to a copy of information about you held by Social Work. You have to write to your local authority (council) asking to see your social work record. You might have to show that it’s really you making the request.

Doctor’s Records Your doctor will have a record of any illnesses, hospital tests or treatment that you have been to the doctors about. Your optician and dentist will also hold records about you. You can ask in your GP surgery and arrange a time to go in and read your records. You might have to write to your GP to ask for this, but you don’t have to give a reason for wanting to see your records. Any hospitals where you have had treatment or tests will hold records of this and you should write to the medical records manager at the hospital.  For more detailed information on health records:  http://ico.org.uk/for_the_public/topic_specific_guides/health

The Police and Courts The police force might hold information about you if you have been a witness or a victim of crime as well as if you have been in trouble with the police.  A request for your personal information is called a ‘subject access request’ there is a form to fill in and send to your local police force, which will be able to access all the information held centrally. For more detailed information on police records: https://ico.org.uk/for-the-public/crime/

Can other people access information about me?

If you are too young to make sense of the information yourself and understand your rights then a parent or person with parental responsibility for you can ask for and be given information about you.

If you are over 16, or under 16 and able to make sense of the information yourself and understand your rights, then the people who hold the information should speak to you about it and let you see the information instead of the person with parental responsibility. 

Your parents can see your educational record, unless the council or school think that disclosure to your parent “would be likely to cause significant distress or harm” to you or anyone else.

The Data Protection Act 1998 does not stop organisations from releasing personal information. Any organisation may be asked to release personal information by the police because it is needed to investigate a crime or a teacher, social worker or health professional might have to share information about a child so the child’s needs can be addressed.  

NOTE: This factsheet is intended as a guide to the law as at December 2017 and not as an authoritative statement and interpretation of the law.  

I am under 18 and have to give evidence in court:

If you are under 18 you are a vulnerable witness and there will be ‘special measures’ (see below) when you give evidence.

What are the special measures?

If you are under 18 you are automatically entitled to:

• Use a live television link – so you can speak to the Court without being in the same room OR
• Give your evidence from behind a screen so that you can’t see the person you are giving evidence about (though they might be able to see you on a television monitor); AND
• Have someone who will sit alongside you while you give evidence – called a supporter.

You can also ask for:

• In criminal cases, the Court can use your formal statements, like the statements you give the police as evidence. This may cut out some, or all, of the questioning at Court.
• Your evidence can be taken by a commissioner. This is someone appointed by the Court to take your evidence, usually before the case begins. Your evidence is then read out or played back in Court.
• Use of a television link to let you give evidence from somewhere that is not in the Court building.

What if I am over 18?

If you are over 18, and you think you would be distressed, frightened or upset by giving evidence in Court then you can ask the Court to give you special measures. To decide the Court will look at what you will be giving evidence about and will think about any relationship between you and the person you are giving evidence about.

What do I do if I am told I must give evidence and I think I might be a vulnerable witness?

You should tell the person who asked you to come to Court as soon as possible, so they can arrange for special measures to be put in place. If you are over 18, they will talk to you about whether they should apply to the Court for special measures to be put in place.

What happens when I arrive at Court?

When you go to Court, let the person on reception know who you are and they will tell you where to go.

You may be waiting with other witnesses for some time until it is your turn. You can take someone with you to keep you company while you wait but they can’t come into the court with you while you give evidence (unless they are a supporter and you have special permission).

If you are giving evidence by video link you should be directed to a separate room away from the Court room.

What if I see the person that I am giving evidence about, or their family members?

If you are worried about seeing the person you are giving evidence about you should tell the person who called you as a witness. They will try and arrange for you to wait in another place away from the people you don’t want to see, or have someone meet you at Court to accompany you.

If anyone tries to frighten you or get you to change what you are saying, they are committing a very serious crime. If this happens you should tell the Witness Service at the Court, the police or the Procurator Fiscal who will make sure it doesn’t happen again.

If I don’t remember something when I’m being questioned, or don’t understand, what do I do?

The most important thing is that you tell the Court what you know and tell the truth. If you don’t remember something, just say so, it’s better than guessing what you think the answer should be. If you don’t understand the question or certain words that are used, tell the Court and it will be explained to you. For more information about being a witness at Court see:

• www.witnessesinscotland.com
• http://www.copfs.gov.uk/involved-in-a-case/witnesses