S6W-22028

Asked by: McArthur, Liam (Scottish Liberal Democrats - Orkney Islands)

Question

To ask the Scottish Government what action it plans to take in order to meet its statutory duties to promote alternative dispute resolution in family cases.

Answered by Brown, Siobhian - Minister for Victims and Community Safety

Section 23 of the Children (Scotland) Act 2020 (the 2020 Act) requires the Scottish Ministers to set up an assistance scheme to fund the costs of alternative dispute resolution for individuals in relation to any matters under section 11 of the Children (Scotland) Act 1995 (the 1995 Act), such as child contact and residence cases.

Section 24 of the 2020 Act requires the Scottish Ministers to arrange a pilot scheme of mandatory meetings to provide information to individuals involved in proceedings under section 11 of the 1995 Act on the alternatives to court for resolving disputes.

Until the Scottish Ministers have fulfilled these duties there is a requirement under sections 23(7) and 24(4) of the 2020 Act to lay before the Scottish Parliament six-monthly reports explaining why the duties are not yet implemented and stating when they are expected to be fulfilled.

To date four such reports have been laid and published:

• First Report - Scottish Government website (PDF)
• Second Report – Scottish Government website (PDF)
• Third Report – Scottish Government website (PDF)
• Fourth Report – Scottish Government website (PDF)

The fifth report will be laid in due course.

The Scottish Government plans to produce guidance for individuals, who are considering seeking an order under section 11 of the 1995 Act, on alternatives to court.

Nov. 30 2023

Found: Report on the Scottish Ministers’ duties under section 23(1) (funding for alternative dispute resolution

Nov. 30 2023

Found: Ministers to—(a) set up a scheme to make assistance available so that individuals can meet the costs of alternative