Gypsy and Traveller communities and the Children (Scotland) Act 1995

The 1995 Act provides that the welfare of children must be safeguarded and promoted by local authorities. For more information on the 1995 Act, please see the section on housing for young people and care leavers. The Act also states that local authorities must 'have regard to children's religious persuasion, racial origin and cultural and linguistic background' when reaching decisions which affect them. The Guidance (Valuing Diversity) that accompanies the Act mentions the needs of children from Gypsy and Traveller communities in the introduction.

The 1995 Act could be used to challenge a local authority's decisions by way of judicial review. Those decisions could, for example, relate to an eviction from a local authority travellers' site, refusal of access to such a site, or an action to evict travellers from an unauthorised site where children are staying where the 1995 Act has not been taken into consideration. For more information see the section on judicial review.

When considering homelessness it is important to take into account the 1995 Act. Sections 22 and 25 can be used to force local authorities to make accommodation available to a homeless family, particularly if the family is not entitled to accommodation under the homelessness legislation.

Section 22 requires local authorities to safeguard and promote the welfare and interests of children in their area who are in need and to support the upbringing of children by their families. Local authorities can meet this duty by providing children and their families with services which are appropriate to that child's needs.

Section 25 lays down a more specific duty upon local authorities in relation to children's needs. It requires local authorities to provide children in their area with accommodation where it appears that they require it because: nobody is caring for them; they are lost or abandoned; or for some reason their carer is prevented from providing that child with suitable accommodation.