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Child Welfare Reports

I was absolutely delighted, this year, to have been appointed by the Sheriff Principal in Glasgow as one of the new intake of Child Welfare Reporters.

This is a short blog intended to share my initial experiences and help explain what to expect if you are involved in the process.

Oftentimes, at the early stages of a residence or child contact action the Sheriff will call for a report to obtain the views of the child.

Generally speaking, the court tends only to ask for the views of school age children but I have seen views being called for in cases where children are as young as three or four.

The Child Welfare Reporter will receive instructions usually from the pursuer’s agents along with a form setting out who the court wants them to talk to and what questions they want an answer to.

It is worth parties and their agents reflecting on what is in their pleadings at an early stage. The more sparse the pleadings are the more difficult it is for the Child Welfare Reporter and ultimately the court to understand the background.

I have tried on most occasions to speak to the children in their school with a member of staff present. This allows them to be at their most relaxed and is independent from either family home. I try and make sure that I am dressed casually so not to create a barrier between us.

On the whole, I have found most children, even those as young as five or six, have been able to express a view. What weight can be given to that view is another question for another day. I have been impressed by bright and articulate the children I have spoken to have been.

I have also been deeply saddened to hear how affected some children have been either by the knowledge of the court proceedings, or simply by their understanding of the dispute between their parents. This is something that parties in a court action should always bear in mind. There are children in the middle and it is important that parties are careful about what is said in the presence of children, about the process, or about each other.

I think the system of Child Welfare Reports is a positive one and I think that generally speaking we strike the correct balance. We should be careful, in my opinion, about a rush to proof in many family cases. There are certain cases where a proof is inevitable, particularly if there are concerns about domestic violence or abuse towards the children which will require to be proven or otherwise.

Sometimes, time can be enough to allow parties to settle and to learn to work together in the best interests of the child. The system of Child Welfare Reports has an important role to play in that.

The more open and honest parties are able to be with the Child Welfare Reporter the more likely the recommendation given to the court is able to work long term in the best interests of the child.