Scotland Children
Legislation, Statutory Guidance, Good Practice Guidance and Advice
In Scotland the Scottish Government holds responsibility for child protection. It sets out the legislation, outlined in the Children (Scotland) Act 1995. Also statutory guidance and policy for safeguarding children in all settings and situations.
Child Protection Committees (CPCs) are responsible locally for multi-agency policy, procedures guidance and practice for safeguarding and protecting children
To find your Council Report Child Abuse to Social Care
or dial 999 in an emergency
LEGISLATION
ALL and MULTI-AGENCY SECTORS
Including
Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 (legislation.gov.uk)
Disclosure (Scotland) Act 2020
The Children (Equal Protection from Assault) (Scotland) Act 2019
Age of Criminal Responsibility (Scotland) Act 2019
This Act raises the age of criminal responsibility from 8 years to 12 years old
Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019
Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018
Limitation (Childhood Abuse) (Scotland) Act 2017
Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Criminal Justice (Scotland) Act 2016
Includes duty of the police to consider a child's wellbeing
Part 5 of this Act is about Protection of Children etc
Children and Young People (Scotland) Act 2014
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.
Victims and Witnesses (Scotland) Act 2014
Freedom of Information (Amendment) (Scotland) Act 2013
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.
Protection of Freedoms Act 2012
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
The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
Police and Fire Reform (Scotland) Act 2012
Children's Hearings (Scotland) Act 2011
Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
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.
Domestic Abuse (Scotland) Act 2011
Sexual Offences (Scotland) Act 2009
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.
Children and Young Persons Act 2008
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.
Protection of Vulnerable Groups (Scotland) Act 2007
Adoption and Children (Scotland) Act 2007
Scottish Commission for Human Rights Act 2006
Police, Public Order and Criminal Justice (Scotland) Act 2006
Includes control of sex offenders
Family Law (Scotland) Act 2006
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
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
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.
Prohibition of Female Genital Mutilation (Scotland) Act 2005
A legislative framework for cooperation between agencies working to safeguard children for England and Wales but for Scotland the setting up of a children's commissioner
Domestic Violence, Crime and Victims Act 2004 (in part)
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.
Vulnerable Witnesses (Scotland) Act 2004
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.
Criminal Justice (Scotland) Act 2003
The Protection of Children (Scotland) Act 2003
Sets out measures to prevent unsuitable adults from working with children.
Local Government in Scotland Act 2003
Commissioner for Children and Young People (Scotland) Act 2003
Freedom of Information (Scotland) Act 2002
An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.
Adoption and Children Act 2002
Section 120 amends the Children Act 1989 by expanding the definition of "harm" to include witnessing domestic violence.
Protection from Abuse Act (Scotland) Act 2001
Public Interest Disclosure Act 1998
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.
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.
Brought many different laws together and is now the law on which the current child protection system is based mostly for England and Wales
Social Work (Scotland) Act 1968
EDUCATION
Education (Additional Support for Learning) (Scotland) Act 2004
As well as local authority education providers this act places a statutory duty upon the managers of independent boarding schools to safeguard and promote the welfare of children resident in their schools, or another place under arrangements made by their schools.
HEALTH and SOCIAL CARE
Health and Care (Staffing)(Scotland)Act 2019
Age of Legal Capacity (Scotland) Act 1991
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.
Social Work (Scotland) Act 1968
Other
Criminal Justice and Licensing (Scotland) Act 2010
Statutory Guidance
General
National Guidance for Child Protection in Scotland 2021 - updated 2023
Good Practice Guidance
General
National referral mechanism guidance: adult (Northern Ireland and Scotland) updated May 2024
(also includes children)
Creating Safety: child protection in the arts 2019
Enhanced Due Diligence: Safeguarding for external partners published October 2018 (UK) updated 2022
Indecent images of children: guidance for young people March 2018
Responding To Female Genital Mutilation In Scotland Multi-Agency Guidance 2017
Child abuse and neglect: NICE guideline [NG76] Published date: October 2017
Whistleblowing: Prescribed persons guidance 2017
Child Safety Online: A Practical Guide for Providers of Social Media and Interactive Services 2016
National Referral Mechanism (NRM): guidance for child first responders 2016
Guidance on how to identify and refer children who may have been the victim of trafficking and provide a cohesive response for appropriate agencies
Victims of modern slavery – frontline staff guidance updated 2024
Essential reading for anyone involved or working with children and young people, including practitioners working in adult services with parents and carers.
Responding to Forced Marriage: Multi-Agency Practice Guidelines January 2013
Health
Safeguarding Children and Young People: Roles and Competencies for Healthcare Staff 2019
Criminal Exploitation of children and vulnerable adults: County Lines guidance 2017
Child Sexual Exploitation - A Guide for Health Practitioners 2017
GMC Confidentiality: good practice in handling patient information (2017)
REGULATED AUTHORITIES
For Education
Standards in Scotland’s Schools etc. Act 2000
Child Protection and Safeguarding Policy Education Scotland February 2021
For Health and Social Care
Regulatory Reform (Scotland) Act 2014
Health and Care Standards 2018
For Charities
OSCR Scottish Charity Regulator
Section 66 of the Charities and Trustee Investment (Scotland) Act 2005
Safeguarding Guidance: Keeping vulnerable beneficiaries safe
Guidance and good practice for Charity Trustees
TOP TEN Practical Safeguarding Steps 2018 from the Scottish Charity Regulator (OSCR)
