When a Scottish court is asked to make an order about a child under section 11 of the Children (Scotland) Act 1995, it can appoint an independent professional by way of a Child Welfare Reporter (CWR). The CWR can speak to the child and/or the the child’s parents. Other people can also be interviewed in relation to the Order sought. These other people can either be agreed between the parties or Ordered by the court. Other people can include the child’s school, doctor, grandparents, neighbours, parents friends, police etc. There are no restrictions. The CWR will gather information as an independent third party and provide a report to the court to help the sheriff decide what’s best for the child. In practice, most Child Welfare Reports will have recommendations, and most Sheriff’s will Order what has been recommended, or something close to it.
Section 9 of the Children (Scotland) Act 2020 changes how CWRs are appointed and overseen. The key change is that a court may only appoint a reporter who is on a national register.
What has changed?
- National register run by Scottish Ministers.
- There must be a single register of Child Welfare Reporters for the whole of Scotland, maintained by the Scottish Ministers. Courts can only pick from this list. This is intended to raise and standardise quality across sheriffdoms.
- Minimum standards, training and vetting set in regulations.
- Ministers can set the requirements to get onto (and stay on) the register, including training and qualifications, ongoing standards, and how reporters are selected for a particular case. They can also set how reporters are removed and appeal rights if a reporter is taken off the list.
- Transparent appointment and payment arrangements.
- Regulations can set how (and by whom) a registered reporter is chosen for your case, and allow for remuneration by the Scottish Ministers (fees, expenses, outlays), aiming for consistency.
- Mandatory consultation with lived-experience groups.
- Before making or changing the rules about the register, Ministers must consult people with lived experience of domestic abuse and court-ordered contact. This is meant to ensure the system reflects the realities families face.
- Parliamentary control of the rules
- The regulations are laid before the Scottish Parliament under the negative procedure (they become law unless Parliament objects).
Why this matters: The register aims to deliver consistent, high-quality, trauma-informed reporting nationwide, so the court gets reliable, child-focused input no matter where you live, including Aberdeen Sheriff Court. Policy papers and consultation materials emphasise raising standards and ensuring proper oversight of reporters.
What does a Child Welfare Reporter actually do?
Traditionally, a CWR may:
- Meet both parents/carers and the child;
- Ascertain the child’s views in a child-friendly way; and
- Provide a written report with recommendations focused on the child’s welfare and best interests.
Alongside the new register, the 2020 reforms envisaged additional functions (set via regulations), such as explaining decisions to children and investigating concerns about non-compliance with section 11 orders, all to keep the child’s perspective central and improve follow-through on orders.
Practical impact for parents (Child Contact Aberdeen / Child Residence Aberdeen)
- If a CWR is appointed in your case:
Expect a structured process, set timescales, and a reporter with approved training (including on domestic abuse and children’s participation). The court will use the report to help decide contact/residence that best serves your child. - Costs and fairness:
The framework lets Ministers set and pay reporter fees/expenses, supporting consistency and access. (Exact funding arrangements flow from the regulations.) - Quality and complaints:
Because entry, removal and selection processes are set centrally, there is a clearer route for standards and oversight than before. Consultation analysis flagged the need for transparent processes and a complaints mechanism.
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