Definition of a child

For the purposes of these procedures, the protection of children and young people including unborn babies, children and young people under the age of 18 yrs. 

The independent legal status of a child commences at birth. In any action to safeguard and protect an unborn child, the needs and rights of the mother must be taken in to account.

The needs and rights of ALL siblings should be considered in any process that has a focus on a single child.

Definitions of parents and carers

A ‘parent’ is the genetic or adoptive mother or father of the child. Parental rights are necessary to allow a parent to fulfil their responsibilities, which include looking after their child’s health, development and welfare, providing guidance to their child, maintaining regular contact with their child if they do not live with them, and acting as their child’s legal representative. To fulfil these responsibilities, parental rights include the right to have their child live with them and to decide how their child is brought up. Parents continue to hold parental rights for a child up until 16 yrs unless and until these are removed. If this happens, it must be clear who does hold parental rights and responsibilities.

A ‘carer’ is someone other than a parent who is looking after a child. A carer may be a ‘relevant person’ within the children’s hearing system.

A ‘kinship carer’ is a carer for a child looked after by the local authority, where the child is placed with the kinship carer in accordance with Regulation 10 of the Looked After Children (Scotland) Regulations 2009 (‘the 2009 Regulations’).

Foster carer means a person approved by a local authority as a suitable carer for the child.

Private fostering refers to children placed by private arrangement with persons who are not close relatives. ‘Close relative’ in this context means mother, father, brother, sister, uncle, aunt, grandparent, of full blood or half blood or by marriage.