| PART 1: SETTING
THE SCENE |
| 1.1 Legislation
and practice in child protection are underpinned by
principles derived from Articles of the United Nations
Convention on the Rights of the Child, ratified by the UK
Government in 1991. These principles are: |
- each child has a
right to be treated as an individual
- each child who can
form a view on matters affecting him or her has
the right to express those views if he or she so
wishes
- parents should
normally be responsible for the upbringing of
their children and should share that
responsibility
- each child has the
right to protection from all forms of abuse,
neglect or exploitation
- so far as is
consistent with safeguarding and promoting the
child’s welfare, public authorities should
promote the upbringing of children by their
families
- any intervention by a
public authority in the life of a child must be
properly justified and should be supported by
services from all relevant agencies working in
collaboration
|
| In support
of these principles three main themes appear in Scottish
children’s legislation: |
- the welfare of the
child is the paramount consideration when his or
her needs are considered by Courts,
Children’s Hearings and local authorities
- no Court should make
an Order relating to a child and no
Children’s Hearing should make a supervision
requirement unless the Court or Hearing considers
that to do so would be better for the child than
making no Order or supervision requirement at all
- the child’s
views taking appropriate account of age and
understanding should be taken into account where
major decisions are to be made about his or her
future
|
| (In the case
of serious offences, a child in Scotland can be
prosecuted at the instance of the Crown in the criminal
courts. In such cases, public protection may be the
paramount concern.) |
| 1.2 For the
purposes of support for children in need and their
families under the Children (Scotland) Act 1995
"child" means a person under the age of
eighteen years. "Family", in relation to a
child, includes any person who has parental
responsibilities for a child and any other person with
whom the child has been living. |
| 1.3 In
acting to protect a child, including making inquiries
into allegations that a child has been harmed, agencies
should avoid causing the child undue distress or adding
unnecessarily to any harm already suffered by the child.
Agencies should make sure that children who may be at
risk of significant harm receive the highest priority and
a speedy response to their problems. All agencies
providing services and support to children and their
families should have an understanding of the other
agencies’ roles, responsibilities and legal powers,
and should share information about the circumstances and
needs of any child and the family where necessary. They
should have regard to a child’s religion, race,
culture and linguistic background, stage of development,
gender, age and any disability, when deciding what help
or services to give a child. |
| |
| Historical
perspective |
| 1.4
Professional and public responses to child abuse reflect
increasing knowledge gained from experience, research,
and public inquiries. New developments change
definitions, terminology and professional practice.
Earlier government guidance referred to "battered
babies", then to "non-accidental injury",
"child abuse" and, more recently, to a focus on
"child protection". Some children are
particularly vulnerable to abuse, neglect or
exploitation, for example, children with disabilities or
children living away from home. Effective help for a
child at risk of significant harm is now known to be
based upon careful assessment of the risk of future abuse
or neglect, as well as examination of any past incidents
of abuse, and requires a co-ordinated inter-agency plan
to protect the child. |
| 1.5 Agencies
are also encouraged to work together to prevent child
abuse and neglect in communities. Child protection is one
aspect of child welfare services geared towards meeting
children’s wider developmental, educational and
health needs. Providing services and support to children
and families under stress can strengthen their capacity
to meet the needs of their children before problems
escalate to abuse. |
| 1.6 Public
inquiries in Scotland and elsewhere in the UK (1) and
research studies (2) into the operation and effectiveness of
child protection systems have found that to be effective,
agencies need to share information, and co-operate with
each other in planning and delivering help and services
to vulnerable children. Circular SWSG 14/97 assigns to
local inter-agency Child Protection Committees (CPCs) a
role in the production of procedures to assist agencies
in working together. |
| |
| The
guidance |
| 1.7 This
guidance should help agencies and professionals to
understand each other’s roles and functions, to plan
together and to make best use of their experience and
expertise in protecting children. It complements Scottish
Office guidance issued for implementation of the Children
(Scotland) Act 1995 and guidance to health and education
professionals on child protection. |
| 1.8 Many
different professionals in statutory agencies and other
organisations have contact with children at risk of harm
- these include social workers, medical and nursing staff
and other health professionals, teachers, educational and
clinical psychologists, community education workers, the
Children’s Reporter, Procurators Fiscal, the police,
staff of voluntary organisations and the Armed Services.
(Annex D describes the special arrangements for child
protection in relation to service families.) Local
authorities have a legal duty to safeguard and promote
the welfare of children in need in their area. This
welfare responsibility is carried out by the department
with responsibility for social work services. Education,
health services, the police and other departments and
agencies also have significant responsibilities for the
protection of children. Some children will need
protection through action under local child protection
procedures, Children’s Hearings or Courts. Many
others will need other forms of help and support on a
voluntary basis from a range of agencies, and in
particular education and health services. |
| 1.9 The
legal framework for child welfare in Scotland has the
Children’s Hearings System at its heart. Any
person may refer a child to the Reporter. The
Reporter examines the case impartially and decides
whether or not to refer the case to a Children’s
Hearing. Children’s Hearings comprise volunteer lay
members drawn from a local Children’s Panel, who
will discuss a child’s difficulties with the child
and his or her family and determine how best to meet his
or her needs. The Hearing may make a supervision
requirement, placing the child under the supervision of
the local authority. If the child and/or his parents do
not accept the grounds for the child’s referral to
the Hearing or if the child is not of sufficient age or
understanding and the referral is not discharged, a
Sheriff will hear evidence and decide whether the grounds
exist. The child and the parents may also appeal against
a Hearing’s decision disposing of the case, or
keeping the child in a place of safety on a temporary
basis. A further appeal to the Sheriff Principal or the
Court of Session is available to the child, the parents
and the Reporter. (3) |
| |
| Promoting
children’s welfare |
| 1.10 All
professionals working with children and their families
will need basic information to develop awareness of child
abuse and neglect and, where necessary, training to
enhance their skills in recognising and identifying signs
of physical injury or neglect, or sexual or emotional
abuse. Early recognition and referral of families in
difficulty will help local authorities promote
children’s welfare and respond promptly to cases of
suspected abuse or neglect. Joint training for
professionals from different agencies is an important way
to help them to understand their different
responsibilities and perspectives and to work together
more effectively. |
| 1.11 The
Children (Scotland) Act 1995 requires local authorities
to prepare and publish children’s services plans in
consultation with all relevant local interests including
social work, health, housing, education, the Reporter and
service users.(4) Plans should set out the range and
level of services available for children in the local
authority’s area, including local services for
children and families in which there are concerns about
child abuse and neglect. Child Protection Committees also
produce annual reports outlining local inter-agency
activity and developments in child protection. |
| 1.12 Many
schools are taking positive steps to help children
protect themselves through programmes of education in
health and personal safety. Such programmes should be
included in nursery and primary schools ensuring that the
content is appropriate for their pupils’ age and
stage of development. Schools, including the school
health service, need to ensure that staff know how to
operate local child protection procedures.(5) They
should include in the curriculum programmes of education
about personal safety which deal with risk to children of
abuse or exploitation, not only by strangers but also by
people the child may know. Secondary schools should build
upon this work in education for personal and social
development. These initiatives should include education
facilities outwith mainstream schools, for example for
pupils with special educational needs, or for young
people in alternative educational provision, including
independent schools. Schools should keep parents, carers
and other agencies informed about school child protection
policies and procedures and about the content of personal
safety programmes. |
| 1.13 Day
care services, including out-of-school care and holiday
clubs, have an important role to play in assessing,
monitoring and supporting children in need, and in
helping parents or carers under stress. Many day
nurseries in the local authority and independent sectors
work with families where a child is in need of
protection. Some local authorities have developed special
childminding schemes. Staff in day care services and
childminders will need support to contribute to child
protection. |
| |
| Involving
the child and parents |
| 1.14 All
agencies working with children should involve the child
in matters affecting him or her, including child
protection inquiries, taking account of his or her age
and understanding. Staff working with children at risk
should help the child to express his or her views and
should take these into account when making decisions
about what to do next. Parents have legal
responsibilities and rights in respect of their children.
Statutory agencies making child protection inquiries
should encourage and help parents or carers to express
their views and participate in inquiries as appropriate,
and keep them informed of progress and decisions. There
may be cases where, in order to ensure a child’s
safety, the local authority, the police or another agency
must act without parental consent or participation, and,
in limited circumstances, without the parents’
knowledge. If an agency decides not to inform or involve
parents or carers in inquiries they should base this on
specific concern for the child’s safety and the
extent to which inquiries are likely to be hampered by
involving parents. The agency should record the reason
for any decision to limit parents’ or carers’
involvement. Parents or carers should be treated in a
professional manner - with courtesy and consideration -
even where there is reason to believe they may have
harmed their child. |
| |
| Children
and families affected by disability |
| 1.15
This general guidance on inter-agency collaboration
applies to all work with children and families affected
by disability, or who have other special needs. Children
with disabilities may have additional needs which require
careful consideration and the guidance refers to these at
relevant points. If children have sensory impairment,
communication or behavioural difficulties, identification
of abuse and the assessment of risk may be complex. Some
children present challenging behaviour which includes
attempts at self-injury or mutilation, or they may be
more prone to accident and injury as a consequence of
their disability. Children with disabilities may not know
how or who to tell about problems or worries. Adults with
disabilities may require additional help or services to
enable them to fulfil their full potential as parents.
They may be anxious about seeking help from statutory
agencies because they fear a break-up of their family.
Parents with a learning disability may need access to
independent advocacy to help them participate in child
protection interviews, conferences and planning. All
statutory and voluntary agencies working with children
and families affected by disability should be aware of
local child protection procedures, have access to
specialist advice when necessary and receive information
and training which equips them to respond properly to any
suspicion of child abuse or neglect. Guidance on child
protection and communication with children who are
disabled is contained in Scotland’s Children:
Children (Scotland) Act 1995, Volume 1 - Support and
Protection for Children and their Families. Local
inter-agency procedures should include information about
sources of information and expertise in their area. |
| |
| Ethnic
and cultural minorities |
| 1.16 The
Children (Scotland) Act 1995 requires that when providing
services and making significant decisions to safeguard
and promote children’s welfare a local authority
shall have regard so far as is practicable to the
child’s religious persuasion, racial origin and
cultural and linguistic background.(6) These considerations should inform
child protection inquiries, inter-agency child protection
plans and other intervention to promote children’s
welfare. When assessing a child’s needs, agencies
should gather information to assist understanding of the
child’s cultural background and religion. Adequate
translation and interpreter services should be made
available so that children and families from ethnic
minorities can understand what is happening at all stages
and participate fully. Interpreters assisting child
protection inquiries should, wherever possible, be
independent of the local ethnic community, have skills in
interpreting for child protection purposes and be aware
of the need to maintain confidentiality. Agencies should
not ask children to interpret for their parents or carers
during child protection inquiries, and other adult family
members will not normally be appropriate interpreters.
Experience and expertise may be available in individual
agencies or be provided by other professionals who know,
for example, about particular health needs and their
significance for risk to the child. Community groups may
be able to provide advice to agencies about particular
cultural issues or practices, and to provide support to
children and families. Local inter-agency procedures
should include information about sources of information
and expertise in their area. |
| |
