The Children (Scotland) Act 2020 introduced significant reforms to the way child contact is regulated in Scotland. Section 10 of the Act amends the Children (Scotland) Act 1995 to ensure that when courts make orders for child contact to take place at contact centres, those services are properly regulated.

This change is designed to protect children and families by setting clear standards for the provision of contact services.

Key Changes Introduced by Section 10

1. Contact Orders and Contact Centres

• The court may require child contact to take place at a contact centre.
• From now on, only regulated contact services can be used for this purpose.
• This means that when a court orders contact to take place in a centre, it must be through a provider who meets official standards set out by Scottish Ministers.

2. New Definition of “Regulated Contact Service”

The Act introduces the term regulated contact service, meaning:

• It is provided by an organisation officially registered as a regulated contact service provider.
• It takes place either at a registered contact centre or another approved location that meets accommodation standards.

3. Regulation by Scottish Ministers

The Act empowers the Scottish Ministers to make detailed regulations covering:

• Minimum standards for providers and centres, including staff training and qualifications.
• Registration processes – including the right to refuse or remove providers from the register if they fail to meet requirements.
• Appeal rights where a provider disputes removal or refusal of registration.
• Standards of accommodation – ensuring safe and suitable facilities for children.
• Inspection and monitoring of services by appointed regulatory bodies.
• Fees for registration.

4. Inspection and Compliance

The regulations allow for:

• Inspections of contact centres and providers.
• Risk assessments carried out by trained professionals.
• Reports highlighting compliance issues or potential failures.
• Checks to ensure compliance with the Equality Act 2010, including accessibility for disabled people.

Why This Matters for Families in Scotland

The purpose of these changes is to make sure that contact between children and parents (or other family members) in sensitive situations happens in a safe, regulated, and supportive environment.

For families, this means:

• Greater reassurance that contact services are properly monitored.
• Protection for children in potentially high-conflict or vulnerable situations.
• Clearer standards for providers, reducing inconsistencies in the quality of services across Scotland.

The Legal Context

• Children (Scotland) Act 1995, section 11 – sets out the framework for court orders on parental responsibilities and rights.
• Children (Scotland) Act 2020, section 10 – inserts new provisions requiring regulated services for contact orders.
• Equality Act 2010 – ensures accessibility and non-discrimination in the operation of contact services.

How XK Family Law Solicitors Can Help

At XK Solicitors Aberdeen, we support parents and families through the complexities of child contact and residence disputes. With the new regulations, it is more important than ever to understand your rights and the standards required of contact centres.

We can:

• Advise you on what the new law means for your case.
• Represent you in any section 11 child contact or child residence case.
• Help ensure that any arrangements ordered by the court prioritise your child’s safety and wellbeing.

Ready to discuss your case?

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