SCOTTISH EXECUTIVE

SUMMARY OVERVIEW

Paragraphs

Purpose and scope of the guidance

This guidance is addressed to all agencies working with children and families in the statutory, voluntary or independent sectors, who may have to respond to information or allegations that a child is at risk of significant harm or abuse. It should help agencies and professionals to understand each other's role and functions, and make the best use of their experience and expertise in safeguarding children. The guidance complements The Scottish Office guidance issued on the Children (Scotland) Act 1995 and other guidance to specific agencies, such as education or health services. It should inform local agency guidelines and procedures.

1.7 - 1.9

Context

The UN Convention on the Rights of the Child, and the Children (Scotland) Act 1995, set out the principles and themes which underpin good practice in work to protect children. At the heart of these is listening to children and their families and taking account of their views. Agencies should provide sufficient help at an early stage to reduce the need for compulsory intervention in families' lives. But where a family is not able to care for their child safely, agencies must act promptly, and with skill, to ensure the child's protection. In doing so they should avoid causing the child undue distress or adding unnecessarily to any harm already suffered by the child. The welfare of the child is the paramount consideration when his or her needs are considered by Courts, Children's Hearings and local authorities.

1.1 - 1.13

Research indicates that many children at risk of harm live in families in which social exclusion, domestic violence, mental illness or misuse of drugs or alcohol are significant factors. We also know that for many of these families child protection inquiries do not substantiate abuse or harm, and the family receives no help or services. Good health care, education and family support are essential services, to safeguard and promote children's welfare and strengthen the capacity of families under stress to meet the needs of their children before problems progress to abuse or neglect. Child protection is one aspect of services geared towards meeting children's wider developmental needs, and should not be seen as a separate activity. No one agency should be seen as solely responsible for the protection of vulnerable children.

1.15 - 1.16

Some groups of children are particularly vulnerable, or have additional needs, and agencies should consider their circumstances with special care. These include children affected by disability, children from minority ethnic groups or who do not have English as a first language, and children living away from home in residential or other settings.

6.1 - 6.12

ROLES AND RESPONSIBILITIES

Part 2

Each agency makes a distinctive contribution to safeguarding children's welfare within a context of collaboration and shared understanding. Child abuse and neglect has implications for both child welfare and criminal justice agencies. Co-operation in child protection is underpinned by joint procedures prepared by inter-agency Child Protection Committees (CPC) to which all relevant agencies contribute, and appropriate inter-agency training. Local procedures set out arrangements for responding to and sharing information about allegations of child abuse, which should include access to specialist advice or expertise. All agencies should have arrangements in place for the recruitment of suitable staff, and their supervision, training and support to carry out their tasks.

2.11 - 2.15

2.21 - 2.23

THE CHILD PROTECTION REGISTER

Registration is an administrative system for alerting workers to the fact that there is sufficient professional concern about a child to warrant an inter-agency child protection plan, and ensures that the plans for these children are reviewed at least every six months. Local authorities are responsible for maintaining a Register of all children who are the subject of an inter-agency child protection plan, which provides a central point of rapid enquiry for professionals who are concerned about a child's development, welfare or safety. The decision to place a child's name on the Child Protection Register is taken by a multi-disciplinary case conference.

Part 3

WORKING TOGETHER TO PROTECT CHILDREN

Part 4 sets out guidance to agencies on responding effectively to allegations of abuse or neglect in individual cases.

4.1, 4.7 - 4.9

• Agencies need to understand the causes, and be alert to signs of, child abuse and neglect, and be willing to provide help and support at an early stage.

4.4 - 4.6

• Informed responses to reports of abuse from a child or any other person should not pre-empt, or prejudice, child protection inquires or criminal investigation.

4.10

• Local authorities should plan child protection inquiries in close consultation with the police, and other agencies, in particular health and education.

4.21 - 4.22

• Evidence should be gathered in ways which ensure the effective prosecution of crimes against children.

4.17 - 4.20

• Legal measures to protect children through the Courts are available in emergencies or when families are unwilling to assist.

4.30 - 4.42;

• All agencies should contribute to assessment and decisions about how to protect children from abuse, and give priority to helping children recover from the trauma of child abuse or neglect.

4.49 - 4.55

• Agencies should work in partnership with families, by informing and involving them in decisions and enabling them to participate actively in plans.

4.43 - 4.48

JOINT INVESTIGATION

Joint investigation describes the process whereby social work, police and health professionals plan and carry out their respective tasks together when responding to complex or substantial child protection referrals. All referrals of child sexual abuse should be considered for joint investigation.

5.1 - 5.3

The police and social work service should share and evaluate jointly all relevant information at an initial planning meeting or discussion, involving health services wherever possible. Planning should consider the child's needs and risk, as well as the conduct of child protection inquiries and any criminal investigation. Medical information and assessment may assist the planning and management of any inquiries.

5.4 - 5.13

When dealing with allegations of organised abuse by adults agencies should adopt a measured approach to investigation which takes care not to prejudice efforts to collect evidence for criminal prosecution of an abuser or group of abusers, but which has the welfare of any child or children at risk as the paramount consideration. The senior investigating police officer may decide to make use of the Home Office Large Major Enquiry System (HOLMES) to enable effective investigation of suspected multi-abuse cases.

5.14 - 5.24

Note: This summary overview has been prepared to provide readers with a brief indication of what the guidance contains. Those who will need to use the guidance in their day-to-day work are advised to study the whole document.