Child Protection
Child protection has to be seen in the context of the wider Getting it right for every child (GIRFEC) approach and the Early Years Framework and the UN Convention on the Rights of the Child. All children and young people have the right to be cared for and protected from harm and abuse and to grow up in a safe environment in which their rights are respected and their needs met. Children and young people should get the help they need, when they need it, and their welfare is always paramount.
There are 3 key areas that cover core Child Protection legislation, in Scotland, as follows:
- the duties conferred on services to investigate and respond to concerns about a child's welfare, as well as the responsibilities of local authorities to develop community planning processes with partner agencies;
- 'over-arching' legislation (for example, Data Protection) where some aspects have a particular relevance; and
- other legislation including offences relating to children and young people and legislation relating to civil law or administrative arrangements, arranged in thematic order.
Duties to Protect
The legal duty to investigate and report in relation to child care issues is derived from two sources: the Police (Scotland) Act 1967 which provides the mandate for police officers; and the Children (Scotland) Act 1995, of which section 53 provides the mandate for local authorities and section 56 for Reporters to the Children's Hearing.
Although the above remain the primary legislation, concerned with the duty to protect children. Additional areas of legislation, are also of relevance as follows:
- Social Work (Scotland) Act 1968
- Local Government in Scotland Act 2003
- Education (Additional Support for Learning) (Scotland) 2004 and 2009
Over-arching Legislation
Other Relevant Legislation
Legislation Defining Offences against Children
- Sexual Offences (Amendment) Act 2000
- Protection from Abuse (Scotland) Act 2001
- Prohibition of Female Genital Mutilation (Scotland) Act 2005
- Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
- Sexual Offences (Scotland) Act 2009
Legislation on Managing Adults Who May Pose a Risk to Children
- Police Act 1997
- Protection of Children (Scotland) Act 2003
- Protection of Vulnerable Groups (Scotland) 2007
Legislation on Criminal Proceedings and Witness Supports
- Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
- Vulnerable Witnesses (Scotland) Act 2004