Legislation, Statutory Guidance, Good Practice Guidance, Action Plans
Includes duty of the police to consider a child's welbeing
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.
General - earliest to latest
An Act for the Prevention of Cruelty to, and better Protection of, Children. ..... Section thirty-seven of the Poor Law Amendment Act, 1868
Provides for the punishment of a person who treats a child "in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement)".
An Act to consolidate certain enactments relating to foster children as they have effect in Scotland
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.
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.
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.
Gives the right to request any recorded information we hold that isn’t about you personally.
To make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.
Section 120 amends the Children Act 1989 by expanding the definition of "harm" to include witnessing domestic violence.
Sets out measures to prevent unsuitable adults from working with children.
127 Improper use of public electronic communications network
(1) A person is guilty of an offence if he—
(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) causes any such message or matter to be so sent.
(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—
(a) sends by means of a public electronic communications network, a message that he knows to be false,
(b) causes such a message to be sent; or
(c) persistently makes use of a public electronic communications network.
(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).
A legislative framework for cooperation between agencies working to safeguard children forEngland 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.
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.
To make it an offence to prevent or stop a person in charge of a child who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding; and for connected purposes.
Trustees acting with due care and diligence
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
Section 131A Accommodation etc. for children
To bar certain individuals from working with children or certain adults; to require the Scottish Ministers to keep lists of those individuals; to make further provision in relation to those lists; to establish a scheme under which information about individuals working or seeking to work with children or certain adults is collated and disclosed; to amend Part 5 of the Police Act 1997; to amend the meaning of school care accommodation service in the Regulation of Care (Scotland) Act 2001; and for connected purposes.
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.
Places a duty on the UK Border Agency to safeguard and promote children's welfare (section 55), bringing them in line with other public bodies that have contact with children.
An Act to require the notification of information to the police by persons who have committed certain sexual offences; to make provision with respect to the commission of certain sexual acts outside the United Kingdom; and for connected purposes.
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.
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.
To restate and amend the law relating to children's hearings; and for connected purposes.
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; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; 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.
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 17(1) and (7) of the Children (Scotland) Act 1995(1) and all other powers enabling them to do so.
The 1998 School Standards and Framework Act contains provisions for schools and nursery education. This covers further education for young people at school, and in FE institutions across the UK
To ensure that it remains relevant and up to date for local agencies and practitioners working together to safeguard and promote the wellbeing of children.
This guidance explains what the PVG Scheme is for, how it should be used, the information it collects and provides and how it operates.
To restate and amend the law relating to children's hearings; and for connected purposes.
For Local Authorities
This guidance is supplementary to, and should be read in conjunction with, the Scottish Government National Guidance for Child Protection in Scotland 2010 “the National Guidance”.¹ The National Guidance outlines key definitions and concepts, specifically a definition of what constitutes child abuse and neglect and harm/significant harm (Appendix 1). In addition, there is a series of appendices which are important and explore in more detail specific child protection scenarios
Frameworks and Action Plans and Factshhets
The purpose of the framework is to set out a common set of skills and standards for workers to ensure the delivery of a consistently high standard of support to children and young people across the country. The main aim is to strengthen the skills and training of professionals and improve the advice and tools available to them in assessing, managing and minimising risks faced by some of our most vulnerable children and young people.
All children and young people in Scotland have the right to be cared for and protected from harm and to grow up in a safe environment in which their rights and needs are respected. The welfare of children is paramount.
signals a commitment to getting it right for children and young people affected by domestic abuse, their families and communities. It details thirteen Priorities for Action under the key themes of protection, provision, primary prevention through education, and participation.
Good Practice Guidance Reports and Advice
This includes Trustee’s duties and Scotland’s Charity regulator’s role
Guidance on how to identify and refer children who may have been the victim of trafficking and provide a cohesive response for appropriate agencies
Essential reading for anyone involved or working with children and young people, including practitioners working in adult services with parents and carers.
This guidance aims to make sure that children in care, can complain about mistreatment and be sure they will be heard and action taken to protect them, in other words that they will be safe. If they are to be nurtured then it is essential that those adults who are their carers also feel safe and respected as they seek to provide that daily nurture.
General Practitioners and all Medical Practitioners
Handbook for schools and education authorities describing good practice in child protection in education and when a child goes missing from education.
Police and Social Workers
Nurses and Midwives