Listening to the views of children? Principles and mechanisms within The Children (Scotland) Act 1995*

Great emphasis is now placed on consulting, listening to and hearing the views of children and young people. The Children (Scotland) Act 1995, along with its parallel legislation the Children (Northern Ireland) Order 1995 and the Children Act 1989, were critical in establishing this principle in UK legislation. However, practical questions remain about how to consult children and young people effectively and consistently. This article is based on a close reading of the Scottish Act and its regulations and guidance, in order to ascertain when, where and how children's views are considered. While the Act makes a dedicated attempt to include principles and mechanisms for promoting responsiveness to children's views, the final result is a complicated collage that is not easily grasped, is not consistent in its processes for consulting children and which places different requirements on professionals (and parents) depending on the area of law.