Scotland Children

Legislation, Statutory Guidance, Good Practice Guidance and Advice

In Scotland the Scottish Government holds responsibility for child protection. It sets out the legislation, outlined in the Children (Scotland) Act 1995. Also statutory guidance and policy for safeguarding children in all settings and situations.

Child Protection Committees (CPCs) are responsible locally for multi-agency policy, procedures guidance and practice for safeguarding and protecting children

or dial 999 in an emergency

LEGISLATION

ALL and MULTI-AGENCY SECTORS

Including

This Act raises the age of criminal responsibility from 8 years to 12 years old

Includes duty of the police to consider a child's wellbeing

Part 5 of this Act is about Protection of Children etc

An Act to make provision about the rights of children and young people; to make provision about investigations by the Commissioner for Children and Young People in Scotland; to make provision for and about the provision of services and support for or in relation to children and young people; to make provision for an adoption register; to make provision about children’s hearings, detention in secure accommodation and consultation on certain proposals in relation to schools; and for connected purposes.

To amend provisions of the Freedom of Information (Scotland) Act 2002 relating to the designation of authorities, the effect of various exemptions and the time limit for certain proceedings.

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner

Makes provision for protecting persons from being forced into marriage without their free and full consent and for protecting persons who have been forced into marriage without such consent.

The Act reforms the current law on sexual offences and creates a range of new statutory offences. It criminalises a range of sexual conduct which takes place without consent. The Act defines consent as "free agreement" which may be withdrawn at any time.

Legislates for the recommendations in the Care matters white paper (DfES, 2007) to provide high quality care and services for children in care. It also places a duty on registrars to notify the Local Safeguarding Children Board of all child deaths.

Includes control of sex offenders

Amongst other things amend the law relating to the domicile of persons who are under 16 years of age; to make further provision as respects responsibilities and rights in relation to children

To make it an offence to meet a child following certain preliminary contact and to make other provision for the purposes of protecting children from harm of a sexual nature, including provision for implementing in part Council Framework Decision 2004/68/JHA; and to make further provision about the prevention of sexual offences.

A legislative framework for cooperation between agencies working to safeguard children for England and Wales but for Scotland the setting up of a children's commissioner

Closes a legal loophole, (whereby defendants in murder and manslaughter cases could escape conviction by claiming each other had killed the child), by creating a new offence of causing or allowing the death of a child or vulnerable adult. The offence establishes a new criminal responsibility for members of a household where they know that a child or vulnerable adult is at significant risk of serious harm.

Amongst other things to make provision for the use of special measures for the purpose of taking the evidence of children and other vulnerable witnesses in criminal or civil proceedings.

Sets out measures to prevent unsuitable adults from working with children.

An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.

Section 120 amends the Children Act 1989 by expanding the definition of "harm" to include witnessing domestic violence.

An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.

The Act centres on the needs of children and their families and defines both parental responsibilities and rights in relation to children. It sets out the duties and powers available to public authorities to support children and their families and to intervene when the child's welfare requires it.

Brought many different laws together and is now the law on which the current child protection system is based mostly for England and Wales

EDUCATION

As well as local authority education providers this act places a statutory duty upon the managers of independent boarding schools to safeguard and promote the welfare of children resident in their schools, or another place under arrangements made by their schools.

HEALTH and SOCIAL CARE

Part 2.4: A person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment.