Pub Date : 2020-08-31DOI: 10.3366/EDINBURGH/9781474444170.003.0013
Kenneth Norrie
The practice of adoption of children, and the terminology, existed in Scotland long before it was created as a legislative process. This chapter looks at the roots of adoption of children, in the benign informal adoption arrangements families and communities made, and in the malign money-driven practice of “baby-farming”. Demands for regulation grew after the First World War, and the Parliamentary debates on what became the Adoption of Children Act 1926 is covered in some detail. Thereafter the chapter explores all the legislative changes, bringing in forbidden degrees, damages for wrongful death and succession, this presented to show how adoption only gradually embraced the “full-transference of parenthood” model that it has today. The change throughout the 20th century from an essentially private arrangement to the end-game of public law child protection processes is analysed in some detail, especially in relation to the court’s ability to dispense with parental consent. Finally, the motivations behind the sub-adoption order, known as the Permanence Order, created in 2007, is examined.
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Pub Date : 2020-08-31DOI: 10.3366/edinburgh/9781474444170.003.0009
K. Norrie
This chapter explores the development and increasing regulation of the institutional care of children removed from their families by the state. The growth of reformatory and industrial schools in the 19th century is dealt with, as are the reasons why these two types of school were never truly separate in Scotland. Their formal amalgamation into “approved schools” in 1932 is examined, as is the regulatory structures that evolved to ensure their appropriate running, including their registration, the managers, and the rules for discipline and corporal punishment. The regulation of children’s homes, originally run by charitable endeavours (voluntary organisations) and after 1948 increasingly by local authorities, is also covered. Various official reports reimagining the purpose of institutional care are examined in some detail, in particular the Kearney Report, as are the regulatory rules that developed from these reports. Finally, the development of “secure accommodation”, that is to say, locked accommodation, is described, with the regulatory framework governing the running of secure accommodation within institutional care of children.
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Pub Date : 2020-08-31DOI: 10.3366/edinburgh/9781474444170.003.0007
K. Norrie
This chapter traces the origins of the most common outcome available to the children’s hearing – a supervision order in terms of which the child will remain in their own home. Social supervision grew out of the probation service developed at the turn of the 20th century, and was extended to care and protection cases by the Children and Young Persons (Scotland) Act 1932. The nature and role of probation officers in the early 20th century is looked at, supervising both child offenders and child victims, and the legislation governing probation is analysed. The formal shift from probation to supervision for all children subject to orders made by the children’s hearing came about with the Social Work (Scotland) Act 1968, under which the probation service came under local authority control, and supervision orders became the main outcome at children’s hearings. The nature of supervision in that Act and its 1995 and 2011 replacements is then examined.
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