Specific factor relating to Parental Alienation

Ms S J Kerr (Account suspended) made this Freedom of Information request to Scottish Government

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Scottish Government did not have the information requested.

Ms S J Kerr (Account suspended)

Dear Scottish Government,

Per FOISA please supply information contained in your records as follows:

Background

The Scottish Parliament Justice Committee published its Stage 1 Report on the Children (Scotland) Bill on May 1st, 2020, whereby it is stated:

“The Scottish Government consulted on the inclusion of a specific factor relating to parental alienation but ultimately decided against it. Scottish Government officials told the Committee that the term parental alienation is ‘much disputed’ and therefore the Government concluded that it would not be appropriate to include it in the Bill.”

Therefore, there was a "specific factor" used in the Consultation document Review of Part 1 of the Children (Scotland) Act 1995 and creation of a Family Justice Modernisation Strategy A Consultation the section Turning a child against a parent starting on page 64 the list of PA behaviours is quite accurate and you do use a specific factor (of sorts) in the consultation question namely:

Question 28): Should the Scottish Government take action to try and stop
children being put under pressure by one parent to reject the other parent?

Please advise what was the specific factor relating to parental alienation that was considered not appropriate to include the recognition of parental alienation in the Children Scotland Bill?

Yours faithfully,

Ms S J Kerr

Scottish Government

Our Reference: 202100132015
Your Reference: Freedom of Information request - Specific factor relating
to Parental Alienation

Dear Ms S J Kerr ,

Thank you for your correspondence received on 01/01/2021. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 202100132015. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Ms S J Kerr (Account suspended)

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Specific factor relating to Parental Alienation'.

I am dissatisfied with this response, as I submitted a public petition to the Scottish Parliament in January 2019. This was ignored until the consultations and stage 1 of the Children Scotland Bill was passed. My petition went live too late in January 2020.

http://www.parliament.scot/GettingInvolv...

Given that the charity Families Need Families (now known as Shared Parenting Scotland) were “key stakeholder" recipients of the letter ‘Review of the Children (Scotland) Act 1995 Business and Regulatory Impact Assessment (BRIA)’ dated 17 June 2017 then the Scottish Government must be aware of the online article ‘Scottish blindspot on Parental Alienation’ by Ian Maxwell dated May 5, 2020.

Similarly the Scottish Government must know that the term Parental Alienation is not “much disputed”, it is a known phenomenon and has been legislated against in some countries.

The Scottish Government must know that on 25 May 2019 the Code QE.52 was been recognised by the World Health Organisation (WHO) in the ICD-11, the International Classification of Diseases 11th Revision, with ICD-11 coming into effect on Jan. 1, 2022. Code QE.52 covers a Caregiver-Child Relationship Problem.

The Scottish Government must know that children are not informed of a prosecution case judgement against a parent and are therefore completely ignorant of the parental alienation processes that are occurring by the other parent (and/or other family members) by filing false reports in an effort to distance the child/children from the alienated parent. The Scottish Government must know that the Scottish Courts & Tribunal Service (SCTS) have no statutory responsibility to pass criminal case judgements to children and similarly there appears to be no statutory responsibility on social workers to inform children who have been alienated from a parent on the processes that have been used, even when that local authority knows that false information is held on a parent on there own systems (sourced from Multi-Agency Risk Assessment Conferences (MARACs) and/or Inter-Agency Referral Discussions (IRDs)).

The Scottish Government should reasonably know that Parental Alienation occurs at Relationships Scotland child contact centres that are funded by the Scottish Government and information in the public domain indicates that this is facilitated by Citizen's Advice Bureau staff.

The Scottish Government should reasonably know that social workers recommend the termination of child contact arrangements at child contact centres and record this on the social work system i.e. parental alienation is enacted through CoSLA organisations.

The Scottish Government should also reasonably know that at present there is nothing to stop a Family Law solicitor from representing their client at a Multi-Agency Risk Assessment Conference (MARAC), filing false police reports at that MARAC, those false police reports being recorded on the interim Vulnerable Persons Database (iVPD), those false police reports being passed from the iVPD to the Children & Families social work system, those false police reports not being checked by social workers (or just “rubber stamped”) and then that same Family Law solicitor representing the alienating parent in Family Court proceedings and acting as a Child Welfare Reporter (CWR) and passing the same false information to an alienated child. In short the voice of an alienated child cannot be heard by a Family Court because the Children (Scotland) Act 2020 does not give statutory obligations to the public sector to give that child/children the truth on how they have been alienated from a parent.

The Scottish Government must therefore know that Parental Alienation is not “much disputed” as was reported to the Justice Committee. This appears to be yet another example of how the Scottish Government are releasing misinformation.

Please confirm whether the “single factor" that was NOT used by the Scottish Government was the overarching term “Parental Alienation” or whether it was the overarching term “Caregiver-Child Relationship Problem” (that will be part of ICD-11 in the future).

As parental (and familial) alienation is NOT recognised it therefore cannot be considered in the CWR consultation, although I have a Police Scotland recording of a call handler admitting it exists, there is also an FOI disclosure from Police Scotland stating they do not recognise the term Parental Alienation.

Thank you in anticipation of your response within the statutory timescale.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Ms S J Kerr

Scottish Government

Our Reference: 202100147026
Your Reference: Internal review of Freedom of Information request -
Specific factor relating to Parental Alienation

Dear Ms S J Kerr ,

Thank you for your correspondence received on 28/01/2021. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 202100147026. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Ms S J Kerr (Account suspended)

Dear Scottish Government,

Also the reason for my dissatisfaction regarding your response is that you did not disclose the answer to a very simple request, one had to question the reason why.

Yours faithfully,

Ms S J Kerr

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Ms S J Kerr (Account suspended)

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Specific factor relating to Parental Alienation'.

I am dissatisfied with this response to my request and by your own admission the link you provided in the original response letter is now out of date.
The correct link is now https://www.gov.scot/policies/family-law...

For the avoidance of any doubt the information given above was background information, to assist you, as you still have not disclosed the 'specific factor relating to Paternal Alienation.'

Under FOISA you have a duty to assist the requester and I would be extremely grateful if you could direct me to the specific factor relating to parental alienation in the updated document, as a reasonable adjustment under the Equalities Act 2010.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Ms S J Kerr

Scottish Government

Our Reference: 202100164196
Your Reference: request-715232-09ace89e

Dear S J Kerr,

Thank you for your correspondence sent on 23/02/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100164196. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

Scottish Government

Dear Ms S J Kerr

Thank you for your email of 23 February 2021 regarding 202100132015/202100147026 - Specific factor relating to Parental Alienation in which you ask for clarification of the information to which we have applied section 25(1).

As the original response set out, the information you have requested is available from the Scottish Government and Scottish Parliament websites. This includes:

The consultation on the Review of the Children (Scotland) Act 1995 in which the Scottish Government sought views on whether more should be done to prevent a child being turned against a parent. The consultation document is available here:
https://consult.gov.scot/family-law/chil.... Pages 64 – 66 set out the relevant background and consultation question.

The Analysis of Consultation Responses Final Report is available here: file://scotland.gov.uk/dc2/fs3_home/u417367/review-part-1-children-scotland-act-1995-creation-family-justice-modernisation-strategy-analysis-consultation-responses-final-report.pdf Pages 101 - 103 summarise the relevant consultation responses.

Analysis of Consultation Responses: Summary Report is available here: https://www.gov.scot/binaries/content/do... Page 5 includes the outcome of the relevant consultation question (Question 28).

The Children (Scotland) Bill as it was introduced to the Scottish Parliament is available here: https://beta.parliament.scot/-/media/fil.... Page 17 contains provision 12 (1) (2) - Factors to be considered before making order.

The accompanying Policy Memorandum to the Children (Scotland) Bill is available here:
https://beta.parliament.scot/-/media/fil.... Pages 30 – 34 set out the policy thinking behind section 12 (1) (2) - Factors to be considered before making order.

The Scottish Parliament’s Justice Committee’s Stage 1 report is available here:
https://sp-bpr-en-prod-cdnep.azureedge.n.... Pages 38 – 42 are the relevant pages.

If you remain dissatisfied of the outcome of the review you have the right to appeal to the Scottish Information Commissioner about our decision. Information about how to make an appeal, along with an application form, is available on the Commissioner’s website at: https://www.itspublicknowledge.info/Your...

You can also contact the Commissioner at:
The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
Fife
KY16 9DS
Email: [email address]
Telephone: 01334 464610

Should you then wish to appeal against the Commissioner’s decision, there is a right of appeal to the Court of Session on a point of law only.

I hope this information is helpful.

Elinor Owe

show quoted sections

Scottish Government

1 Attachment

Dear Ms Kerr

 

I attach a letter following up on your appeal to the Scottish Information
Commissioner.

 

 

Yours sincerely

 

 

 

SIMON STOCKWELL

********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************