Care of children, young people and families
Local authority involvement in the care and protection of children became formalised towards the end of the 19th century with supervision of fostering arrangements and residential care for destitute, orphaned or abandoned children, the development of care of children in the criminal justice system and regulation of employment.[1] The role of local authorities in the care of children during the 20th century was extended by supervision of adoption from 1929 and increasing responsibilities for fostering.
Poor law authorities, both before and after 1845, had responsibilities for destitute and orphaned children: poorhouses had accommodation for children and other children were boarded out. The Prevention of Cruelty to and Protection of Children Act 1889 made it an offence to ill-treat, neglect or abandon a child and enabled children to be removed from their parents to a place of safety.[2] Further legislation in 1897 was mainly directed against what was known as ‘baby-farming’, and required anyone ‘retaining or receiving for hire or reward … more than one infant under the age of five years’ to inform the parish council). [3]
The Children Act 1908 gave parish councils and councils of police burghs responsibility for the registration of foster carers of children under 7, for the appointment of inspectors of foster carers and for receiving reports from voluntary societies caring for children.[4] In 1930, when parish councils were abolished, these responsibilities were allocated to county councils, cities and large burghs.[5] The Children and Young Persons (Scotland) Acts of 1932 and 1937 gave county councils and town councils of large burghs a duty to discover individuals fostering children under age 9 for payment, to appoint child protection visitors and to require reports from voluntary societies.[6] In addition they could fix the number of children that a foster carer could keep. Inspection of voluntary homes was given to an Inspector appointed by the Secretary of State for Scotland.[7] The Children Act 1948 consolidated and amended earlier legislation and placed a duty of care on county councils, the four cities and town councils of large burghs to provide for orphans deserted children or children whose parents were judge unfit to care for them.[8] The preference was for fostering (‘boarding out’) but where necessary the local authority was enabled to set up residential homes or to make arrangements for children to be placed in voluntary homes.[9] The local authorities could also remove children from voluntary homes.[10] The 1948 Act also required local authorities to appoint a children’s committee and a children’s officer and to provide a place of safety for children removed under the earlier 1937 Act.[11] These responsibilities were subject to regulations issued by the Secretary of State for Scotland.[12] Fostering was further regulated by the Children Act 1958 which established a general duty of care of local authorities towards foster children, by inspecting foster carers and a duty of foster carers to notify the local authority and enable inspections.[13]
Alongside provision for children in care, local authorities became responsible for registering and regulating nurseries and child minders in 1948.[14]
The Social Work (Scotland) Act 1968 required counties and large burghs to have a social work committee and a director of social work who was to be appointed from a list approved by the Secretary of State for Scotland.[15] The Secretary of State for Scotland to have had powers of general supervision of social work and powers to inspect residential establishments (local authority or private) and inspect records. The local authority responsibilities for foster care and residential care of children were broadly continued from the 1948 Act. At local government re-organisation in 1975, responsibilities for social work were transferred to regional and island councils.[16]
The Children Act 1975 placed a greater emphasis on the right of the child to express a view and on the duty of putting the child’s welfare first. Local authorities were given changed responsibilities in assuming parental rights and in supervising fostering and residential care.[17] The Children Act 1995 gave local authorities a duty “to” the child instead of “for” the child and required local authorities to publish plans for providing relevant services. The services local authorities were required to provide were extended to day care for pre-school children in need and assessments of needs of children with disabilities, while the right to arrange emigration of children was removed.[18]
Records of or about children and young people can be found in the records generated by fostering (boarding out) and adoption, the justice system, schools and nurseries and churches. Other voluntary organisations working with children may also have relevant records, such as sports clubs and youth clubs. Records which contain information about individuals are subject to closures under the Data Protection Act 2018.
Compiler: Elspeth Reid (2021)
Related Knowledge Base entries
Records of children and young people
Industrial Schools, Borstals and Young Offender Institutions
Young offenders and children in the justice system
Bibliography
Abrams, Lynn & Linda Fleming, Report into the Historic System to protect and prevent the abuse of children in care in Scotland, 1948-1995 (Scottish Child Abuse Inquiry, 2019) <https://childabuseinquiry.scot/research/research-reports/the-historic-system-to-protect-and-prevent-the-abuse-of-children-in-care-in-scotland-1948-1995/> [accessed 21 June 2021]
Norrie, K McK., Legislative Background to the treatment of children and young people living apart from their parents. (Scottish Child Abuse Inquiry, 2017) <https://www.childabuseinquiry.scot/research/research-reviews/the-legislative-and-regulatory-framework/> [accessed 21 Jun 2021]
Shaw, Tom, Historic Abuse Systemic Review. Residential schools and children’s homes in Scotland 1950-1995. (Scottish Government, 2007) <https://dera.ioe.ac.uk/7215/1/0054353.pdf> [accessed 21 Jun 2021]
References
[1] Tom Shaw, An independent review of the systems in place to protect children and keep them safe in residential care between 1950-1995 (Scottish Government, 2007).
[2] Prevention of Cruelty to and Protection of Children Act 1889 (52 & 53 Vict. c.44).
[3] Infant Life Protection Act 1897 (60 & 61 Vict. c.57) s.1.
[4] Children Act 1908 (8 Edw. VII c.67).
[5] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25).
[6] Children and Young Persons (Scotland) Act 1932 (22 & 23 Geo. V c.47); Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37).
[7] Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37) s.106.
[8] Children Act 1948 (11 & 12 Geo. VI c.43) s.1.
[9] Children Act 1948 (11 & 12 Geo. VI c.43) ss.13-15.
[10] Children Act 1948 (11 & 12 Geo. VI c.43) s.34.
[11] Children Act 1948 (11 & 12 Geo. VI c.43) s.39, 41, 51.
[12] Children (Boarding-out etc.) (Scotland) Rules & Regulations 1947; Administration of Children’s Homes (Scotland) Regulations 1959.
[13] Children Act 1958 (c.65).
[14] Nurseries and Child Minders Regulation Act 1948 (11 & 12 Geo. VI c.53).
[15] Social Work (Scotland) Act 1968 (c.49).
[16] Local Government (Scotland) Act 1973 (c.65) s.161
[17] Children Act 1975 (c.72).
[18] Children Act 1995 (c.36).