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The Legislative and Regulatory Framework

Professor Kenneth Norrie (Law School, University of Strathclyde)

Professor Norrie is to provide the Inquiry with a Report which describes the legislative and regulatory framework governing children in care in Scotland from 1900 to date. In particular, the Report will:

  1. Trace the primary and secondary legislation regulating the care of children over this time period.
  2. Identify the legal obligations that individuals or public bodies were, and are currently, under.
  3. Assess how comprehensive and effective these measures are.

Professor Norrie’s Report will trace the legislation and regulatory framework relating to the care of children in institutional settings. It will also assess how comprehensive or effective that framework was, although it will not try to identify any particular instances where the legal duties described were or are not being met. Rather, the main focus of the Report will be an assessment of the potential effectiveness of the regulatory regimes as existed at the time. While some of the material to be covered has already been explored in Chapter 2 of the Historical Abuse Systemic Review, published by the Scottish Government in 2007, Professor Norrie’s Report will be wider than that chapter. It will deal with matters before and after the time period covered in that previous Report and will provide an assessment of the legislative material.