A Guide to Child Welfare Reporters in Scotland

Under Scottish law, the Court may decide to appoint a Child Welfare Reporter in certain actions relating to decisions about children.

Who is a Child Welfare Reporter?

A Child Welfare Reporter will usually be a practising solicitor who has experience dealing with family actions. They will not be affiliated with the firm of solicitors who represent the Pursuer or the Defender, and they will not be a solicitor who has been previously instructed in the matter. They will be independent.

When is a Child Welfare Reporter appointed?

A Child Welfare Reporter can be appointed by the Court in actions raised under s11 of the Children (Scotland) Act 1995.

The most common of these actions are:

• Actions regulating the arrangements as to where a child is to live (i.e. a “residence order”);
• Actions regulating the arrangements as to when a child spends time with a parent (i.e. a “contact order”);
• Actions regulating any specific question that has arisen that requires determination by the court. Examples include whether a child can go on a holiday or which school they should attend (i.e. a “specific issue order”)

In such actions, the Court may find that they require additional information and will appoint a Child Welfare Reporter to undertake enquiries and prepare a report for the Court.

What is a Child Welfare Report?

The purpose of the report is to help the Court come to a resolution of the case more quickly.

The Court will set out who they would like the Child Welfare Reporter to speak to and whether they want the Child Welfare Reporter to make any specific recommendations regarding any particular issue.

By way of example, the Court could request that the Child Welfare Reporter meets with the Pursuer and Defender, a school teacher and perhaps a social worker and then ask that they recommend where the child should have their main place of residence and how often they see the other parent.

Wishes and feelings of the children

One of the functions of the Child Welfare Reporter can be to speak to the children at the centre of the case and relay their views to the Court, if they want to express them.

In terms of the Children (Scotland) Act 1995, when making decisions about a child, the Court must give the child the opportunity to express their views and have regard to those views considering the children’s age and maturity.

Previously, there was a presumption that a child aged 12 or over would be considered mature enough to give their views. This presumption was removed by the Children (Scotland) Act 2020, and it is now the case that any child capable of forming a view should be heard, regardless of their age.

The Court can ask that a child’s views are incorporated within a fuller report, or the report can be restricted to simply obtaining the child’s views.

Who has access to the Child Welfare Report?

Once the Child Welfare Reporter has met with all the parties requested by the Court and concluded their investigations, they will prepare a report which will be sent to the Court and the agents for the Pursuer and the Defender. The report is the property of the Court and whilst it can be shared with the parties (who will be required to read the report to enable them to instruct their solicitor appropriately), it remains the property of the Court and should not be shared with third parties or posted on any social media site.

Who funds the cost of the Child Welfare Reporter?

The Child Welfare Reporter’s fees will be met by either both parties jointly, or by one particular party. This will have been determined within the Court Interlocutor appointing the Child Welfare Reporter.

If the parties are proceeding under Legal Aid, an initial cap of £3000 plus VAT will apply to the fees incurred by the Child Welfare Reporter. In the event that they consider they are likely to exceed this sum, they will be required to obtain permission from the Scottish Legal Aid Board before the additional work is undertaken.

If one or both parties are not proceeding with Legal Aid, then they will be required to meet their one-half share of the cost of the report, or the full cost of the report as the case may be, privately. It is highly likely that in such cases the Child Welfare Reporter will request confirmation from the parties’ agents that they have been placed in funds by their client prior to the work on the report commencing.