3.1 Definitions of “Child”
3.1.1 The protection of children and young people in Dumfries and Galloway includes unborn babies, and children and young people up to their eighteenth birthday.
3.1.2 While child protection procedures may be considered for a person up to the age of 18, the legal boundaries of childhood and adulthood are variously defined and there are overlaps.
3.1.3 In Part 1 of the Children (Scotland) Act 1995 a child is generally defined as someone under the age of 18 but, most of the provisions which deal with parental rights and responsibilities apply only to children under the age of 16.
3.1.4 Part 2 of the Children (Scotland) Act 1995 deals with support for children and families and includes local authorities’ duties in respect of looked after children and children ‘in need’. For those purposes a child is also defined as someone under the age of 18.
3.1.5 The Mental Health (Care and Treatment) (Scotland) Act 2003 follows the Children (Scotland) Act 1995 in defining a child as a person who is under the age of 18. This does not affect a young person’s ability to consent to medical treatment, but this legislation ensures that additional safeguards are in place when a person aged under 18 needs compulsory care and treatment in relation to their mental health.
3.1.6 The Adults with Incapacity (Scotland) Act 2000 safeguards people who do not have capacity in relation to making decisions about their welfare and/ or finances. This legislation defines ‘adults’ as those who have attained the age of 16.
3.1.7 The Adult Support and Protection (Scotland) Act 2007 also applies to those aged 16 and over, as ‘adult’ is defined as an individual aged 16 or over.
3.1.8 Where a young person between the age of 16 and 18 requires support and protection, services will need to consider which legal framework best fits each person’s needs and circumstances. In Dumfries and Galloway, all protection issues for 16 and 17-year-olds are considered within Child MASH (Multi-Agency Safeguarding Hub). Therefore, all referrals to Social Work for young people in this age category should be a child referral using a Request for Assistance Form.
3.1.9 Universal services should seek to identify pregnant women who will require additional support. There must be local assessment and support processes for high-risk pregnancies.
Read re-birth guidance and processes for vulnerable pregnant parents and babies.
3.2 Definitions of Parents and Carers
3.2.1 A “parent” is someone who is the biological or adoptive mother or father of the child. This is subject to the Human Fertilisation and Embryology Act 2008, which sets out which persons are to be treated as the parents of a child conceived through assisted reproduction.
3.2.2 All mothers automatically get parental responsibilities and rights (PRRs) for their child. A father also has PRRs automatically if he is or was married to the mother at the time of the child’s conception, or subsequently. If a father is not married to the mother, he will acquire PRRs if he is registered as the child’s father on the child’s birth certificate, which requires the mother’s agreement as this must have been registered jointly with the child’s mother. A father can also acquire PRRs by completing and registering a Parental Responsibilities and Rights agreement with the mother or obtaining a court order.
3.2.3 Same-sex couples can adopt a child together and have the same PRRs. A same-sex partner has no automatic parental responsibilities and rights for their partner’s children. If a child is conceived by donor insemination or fertility treatment on or after 6 April 2009, a same-sex partner can be the second legal parent. The second parent may hold parental responsibilities and rights if they were married or in a civil partnership with the mother at the time of insemination/ fertility treatment, or if the person is named as the other parent on the child’s birth certificate and the birth was registered post 4 May 2006, or if the person completes and registers a Parental Responsibilities and Rights agreement with the mother. It is possible for a same sex partner to apply for parental responsibilities if none of these conditions apply.
3.2.4 A ‘carer’ is someone other than a parent who is looking after a child. A carer may be a ‘relevant person’ within the children’s hearing system. ‘Relevant persons’ have extensive rights within the children’s hearing system, including the right to attend children’s hearings, receive documents relating to hearings, and appeal decisions taken within those proceedings.
3.2.5 A ‘kinship carer’ is a carer for a child looked after by the local authority, where the child is placed with the kinship carer in accordance with Regulation 10 of the Looked After Children (Scotland) Regulations 2009. To be approved as a kinship carer, the carer must be related to the child or a person who is known to the child and with whom the child has a pre-existing relationship (‘related’ means related to the child either by blood, marriage or civil partnership).
3.2.6 Private fostering refers to children placed by private arrangement with persons who are not close relatives. ‘Close relative’ in this context means mother, father, brother, sister, uncle, aunt, grandparent, of full blood or half blood or by marriage. Where the child’s parents have never married, the term will include the birth father and any person who would have been defined as a relative had the parents been married.
3.3 Definition of Named Person
3.3.1 The Named Person is the person that children, young people and families can contact when they need access to relevant support for their own or their child or young person’s wellbeing.
3.4 Definition of Lead Professional
3.4.1 The Lead Professional is an agreed, identified person within the network of practitioners who are working alongside the child or young person and their family. In most cases, the professional who has the greatest responsibility in co-ordinating and reviewing the child’s plan will undertake this role.
3.5 What is Child Abuse and Child Neglect?
3.5.1 Abuse and neglect are forms of maltreatment. Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be maltreated at home, within a family or peer network, in care placements, institutions or community settings, and in the online and digital environment. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Children may be harmed pre-birth, for instance by domestic abuse of a mother or through parental alcohol and drug use.
3.6 Physical Abuse
3.6.1 Physical abuse is the causing of physical harm to a child or young person. Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning or suffocating. Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately causes, ill health to a child they are looking after. This is known as Fabricated and Induced Illness and includes Perplexing Presentations, which is when fabrication is not confirmed but is identified as a potential diagnosis.
3.6.2 There may be some variation in family, community or cultural attitudes to parenting,for example, in relation to reasonable discipline. Cultural sensitivity must not deflect practitioners from a focus on a child’s essential needs for care and protection from harm or a focus on the need of a family for support to reduce stress and associated risk.
3.6.3 The Child (Equal Protection from Assault) (Scotland) Act 2019 came into force in November 2020, meaning that children in Scotland now have the same protections against assault as adults. The Act removes the previous defence of “reasonable chastisement”. All forms of physical chastisement, punishment and/ or discipline of children and young people are against the law. Dumfries and Galloway Public Protection Committee: Multi-Agency Children (Equal Protection from Assault) (Scotland) Act 2019 Guidance.
3.7 Emotional Abuse
3.7.1 Emotional abuse is persistent emotional ill-treatment that has severe and persistent adverse effects on a child’s emotional development. ‘Persistent’ means there is a continuous or intermittent pattern which has caused, or is likely to cause, significant harm. Emotional abuse is present to some extent in all types of ill treatment of a child, but it can also occur independently of other forms of abuse. It may involve:
- conveying to a child that they are worthless or unloved, inadequate or valued only in so far as they meet the needs of another person
- exploitation or corruption of a child, or imposition of demand inappropriate for their age or stage of development
- repeated silencing, ridiculing or intimidation
- demands that so exceed a child’s capability that they may be harmful
- extreme overprotection, such that a child is harmed by prevention of learning, exploration, or social development
- seeing or hearing the abuse of another
3.8 Sexual Abuse
3.8.1 Child sexual abuse (CSA) is an act that involves a child under 16 years of age in any activity for the sexual gratification of another person, whether or not it is claimed that the child either consented or assented. Sexual abuse involves forcing or enticing a child to take part in sexual activities, even if the child is aware of what is happening.
3.8.2 For those who may be victims of sexual offences aged 16 to 17, child protection procedures should be considered. These procedures must be applied when there is concern about the sexual exploitation or trafficking of a child.
3.8.3 The activities may involve physical contact, including penetrative or nonpenetrative acts. They may include non-contact activities, such as involving children in looking at or in the production of indecent images, in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
3.8.4 Child sexual exploitation (CSE) is a form of child sexual abuse which occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a person under 18 into sexual activity in exchange for something the victim needs or wants, and/ or for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact. It can also occur through the use of technology. Children who are trafficked across borders or within the UK may be at particular risk of sexual abuse.
3.8.5 Harmful sexualised behaviour is defined as ‘sexual behaviour(s) expressed by children and young people under the age of 18 years that are developmentally inappropriate, may be harmful towards self or others and/or may be abusive towards another child or young person or adult’ (Hackett, 2014).
3.8.6 Practitioners’ ability to determine if a child’s sexual behaviour is harmful will be based on an understanding of what constitutes healthy sexual behaviour in childhood, as well as issues of informed consent, power imbalance and exploitation.
3.9 Criminal Exploitation
3.9.1 Criminal exploitation refers to the action of an individual or group using an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18 into any criminal activity in exchange for something the victim needs or wants, or for the financial or other advantage of the perpetrator or facilitator. Violence or the threat of violence may feature. The victim may have been criminally exploited, even if the activity appears consensual. Child criminal exploitation may involve physical contact and may also occur through the use of technology. It may involve gangs and organised criminal networks. Sale of illegal drugs may be a feature. Children and vulnerable adults may be exploited to move and store drugs and money. Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
3.10 Child Trafficking
3.10.1 Child trafficking involves the recruitment, transportation, transfer, harbouring or receipt, exchange, or transfer of control of a child under the age of 18 years for the purposes of exploitation. Transfer or movement can be within an area and does not have to be across borders. Transfer can take place over the internet without someone leaving their home. Examples of and reasons for trafficking can include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage.
3.11 Contextual Safeguarding and Extra-Familial Harm
3.11.1 An ecological approach, contextual safeguarding looks to understand and respond to the risks and harm young people encounter beyond the home – extra-familial harm. This includes exploring the different dynamics of family, school, peers, and the community where the young person spends time. Recognising the ‘weight of influence’ of peer relationships and other extrafamilial factors and shifting focus towards the contexts in which young people make ‘choices’ or ‘behave’ are of primary consideration. Rather than focussing on changing young people’s behaviour, planning and interventions look towards creating social conditions and environmental drivers that enable safer choices. Collaboration between key agencies is paramount to interrupting patterns of harm.
3.12 Neglect
3.12.1 Neglect consists of persistent failure to meet a child’s basic physical and/ or psychological needs which is likely to result in the serious impairment of the child’s health or development. “Persistent” means there is a pattern which may be continuous or intermittent which has caused or is likely to cause significant harm. However, there can also be single instances of neglectful behaviour by a person in a position of responsibility that can be significantly harmful.
3.12.2 Neglect is complex area of work. Practitioners must be aware of the multifaceted nature of neglect and the many factors that could lead to the neglect of a child. Early signs of neglect indicate the need for support to prevent harm.
3.12.3 The GIRFEC SHANARRI indicators set out the essential wellbeing needs. Neglect of any of these can impact on healthy development. Once a child is born, neglect may involve a parent or carer failing to provide adequate food, clothing and shelter (including exclusion from home or abandonment); to protect a child from physical and emotional harm or danger; to ensure adequate supervision (including the use of inadequate caregivers); to seek consistent access to appropriate medical care or treatment; to ensure the child receives education, or to respond to a child’s essential emotional needs. The identification of chronic neglect and/ or cyclical neglect can be aided by the use of chronologies which can help identify concerning patterns and behaviours.
3.13 Faltering Growth
3.13.1 Faltering growth refers to an inability to reach or maintain normal weight and growth in the absence of medically discernible physical and/ or genetic reasons. This condition requires further assessment and may be associated with chronic neglect. However, there may be occasions where no medical cause can be identified for child having a small stature. If they are growing adequately despite their small stature, that would not suggest neglect. If there is concern that a child may be underweight or failing to grow, medical assessment is indicated.
3.13.2 Malnutrition, lack of nurturing and lack of stimulation can lead to serious long-term effects such as a greater susceptibility to serious childhood illnesses and reduction in potential stature. For very young children the impact could quickly become life-threatening. Chronic physical and emotional neglect may also have a significant impact on teenagers. Read the Teenage neglect: systematic review - RCPCH.
3.14 Female Genital Mutilation (FGM)
3.14.1 This extreme form of physical, sexual and emotional assault upon girls and women involves partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. Such procedures are usually conducted on children and are a criminal offence in Scotland. FGM can be fatal and is associated with long-term physical and emotional harm. As part of the National Action Plan to Prevent and Eradicate FGM, the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 was enacted. The Act’s requirements include FGM Protection Orders and Statutory Guidance.
3.15 Male Circumcision
3.15.1 Circumcision is a procedure that removes the foreskin from the penis. The Scottish Government recognises non-therapeutic male infant circumcision on religious grounds. However, this procedure should be carried out in a hospital by trained paediatric surgeons under general anaesthesia, when the male child is between 6 and 9 months old, and a part of a regulated NHS system.
3.16 Forced Marriage and Honour Based Abuse
3.16.1 A forced marriage is a marriage conducted without the full and free consent of both parties and where duress is a factor. Duress can include physical, psychological, financial, sexual, and emotional abuse. Forced marriage is both a child protection and adult protection matter. Child protection processes will be considered up to the age of 18 years.
3.16.2 Forced marriage may be a risk alongside other forms of so called ‘honourbased’ abuse (HBA). HBA includes practices used to control behaviour within families, communities, or other social groups, to protect perceived cultural and religious beliefs and/ or ‘honour’.
3.17 Online Child Abuse
3.17.1 Online child abuse is any type of abuse that occurs in the digital environment and the internet, facilitated through technology and devices such as computers, tablets, mobile phones, gaming devices and other online-enabled devices. If abusive content is recorded, uploaded, or shared by others online, there is a risk of the continued experience of abuse.
3.17.2 Online abuse can include online bullying; emotional abuse and blackmail; sharing of intimate images; grooming behaviour; coercion and preparatory behaviour for abuse including radicalisation; child sexual abuse and child sexual exploitation.
3.18 Radicalisation
3.18.1 Radicalisation refers to the process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups. Online activity can lead to isolation which can increase the risk to a child of becoming exposed and influenced by extremist values and behaviours.
3.18.2 Within Scotland “Prevent” a multi-agency strategy to support and divert children and young people away from terrorism related activity.
3.19 Age of Criminal Responsibility
3.19.1 The Age of Criminal Responsibility (Scotland) Act 2019 raised the age of criminal responsibility so that children under the age of 12 years cannot be held criminally responsible for their actions. The Act makes provision for referral to a Children’s Hearing on welfare or care and protection grounds rather than having committed an offence. As well as applying to less concerning behaviours, this also applies to violent or dangerous behaviours which have caused or could have caused significant harm to others.
3.19.2 In Dumfries and Galloway, we would consider any dangerous or violent behaviours by a child under 12 years as requiring a response under our child protection processes on the basis that we understand such extreme behaviours are likely to be indicative of trauma or unmet need. There is specific national and statutory guidance to be followed when undertaking IRDs and Joint Investigative Interviews (JIIs) when this is the cause for concern, taking into account the potential reasons behind such behaviours and the need for a trauma informed approach.