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Child Protection in Scotland legislation

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Child protection legislation and guidance in Scotland

Legislation

The Children (Scotland) Act 1995 outlines the legislative framework for Scotland’s child protection system. It covers parental responsibilities and rights, and the duties and powers local public authorities have for supporting and promoting the safety and welfare of children.

The Children and Young People (Scotland) Act 2014 amends the Children (Scotland) Act 1995 to ensure children's rights are upheld.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, which is moving through the Scottish Parliament, will incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Scottish law. This means that public authorities across Scotland will have to comply with children’s rights in all the work they do (Scottish Parliament, 2021).

Policy and guidance

Getting it right for every child (GIRFEC)

GIRFEC is the Scottish Government’s approach to making a positive difference for all children and young people in Scotland (2022a).

 

  • Its principles help shape all policy, practice and legislation that affects children and their families.
  • It provides a consistent way for people to support and work with all children and young people in Scotland.
  • It aims to improve outcomes for children and make sure that agencies work together to take action when a child is at risk or needs support.

 

National guidance for child protection in Scotland

This non-statutory guidance provides the national framework for child protection. It was revised in 2021 and updated in 2023 by the Scottish Government.
It sets out the responsibilities and expectations of everyone who works with children. This includes practitioners working in health, police, third sector, local authority, or education settings.

Children's services planning

Children and young people (Scotland) Act 2014: statutory guidance on part 3: children's services planning - second edition 2020 is Scottish Government statutory guidance for local authorities, health boards and other service providers.

It clarifies national requirements and expectations to support relevant service providers in planning services that improve outcomes for children and young people.

Services in relation to children at risk of becoming looked after

Children and young people (Scotland) Act 2014: national guidance on part 12: services in relation to children at risk of becoming looked after, etc is non-statutory guidance for frontline practitioners, managers and strategic leaders who work with children and families facing adversities.

This 2016 Scottish Government document gives an overview of the legal framework for providing support services where there is a risk a child may become looked after, and describes who relevant services must be provided for.

National action plan to prevent and tackle child sexual exploitation

This action plan from the Scottish Government was updated in March 2016. It explains:

 

  • what child sexual exploitation (CSE) is
  • the scale of the problem
  • what the Scottish Government is doing about it.

 

Protecting children and young people: child protection committee and chief officer responsibilities

Guidance for chief executives of health boards, chief executives of local authorities and police divisional commanders with delegated authority of the Chief Constable (a group referred to in the guidance as Chief Officers). It sets out how key agencies, bodies and Chief Officers should work together to protect children and how child protection committees (CPCs) will contribute to the delivery of the child protection agenda across Scotland. Scottish Government guidance from 2019.

Plan 21-24

This 2021 action plan from The Promise Scotland and funded by the Scottish Government, explains how organisations in Scotland can achieve the goals set by the Independent Care Review (2020). The Plan sets out priority areas for children in or on the edge of care for 2021 to 2024, including:

 

  • the right to education
  • advocacy
  • youth justice
  • family support
  • peer and community support.

 

The Scottish Government has since published an additional strategy document, Keeping the promise implementation plan, which sets out specific commitments and actions to support care experienced children and families (Scottish Government, 2022b).

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