Q: What is the relevant legislation that underpins child
protection?
The main pieces of legislation include:
> United Nations Convention on
the Rights of the Child (1989)
This tells us that all children have the right to be protected from all forms
of abuse at all times. Children have a right to express their views on matters which affect them.
> Children
(Scotland) Act 1995
This act tells us that we have a “duty to do what is reasonable in all the circumstances
to safeguard a child’s health, development and welfare”. The welfare of the child is paramount and the views
of the child must always be considered.
This act also outlines the rights and responsibilities of parents, the responsibilities
of local authorities towards children and their families and the legal measures which can be used to protect children in an
emergency.
> Rehabilitation of Offenders Act 1974
This act was one of the first pieces of legislation
relating to the safe recruitment and selection of those who work/volunteer with vulnerable groups, including children. The
effect of this act is to regulate what information can be requested about previous criminal convictions and how much individuals
need to disclose.
This act states that it is illegal to discriminate against an individual on the grounds of criminal
convictions. This act allowed, under certain circumstances, some criminal convictions to become ‘spent’ after
a rehabilitation period. Convictions considered to be “spent” do not have to be disclosed with certain
exceptions (see Exclusions and Exceptions) (Scotland) Order 2003 below.
> Police Act 1997
This act introduced the Basic, Standard and Enhanced levels of Disclosure Certificate and enabled organisations in the voluntary
sector to obtain access to Disclosure information.
> The Rehabilitation of Offenders Act 1974 (Exclusions
and Exceptions) (Scotland) Order 2003
In certain circumstances, information about spent convictions may not
be withheld. The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 sets out a list of
positions where information about spent convictions should remain available to employers and organisations who recruit staff
and volunteers. These positions generally involve working with more vulnerable groups, among which are positions involving
contact with children and young people.
Excepted positions can be found in schedule 4 of The Rehabilitation of Offenders
Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003. more information
> The Protection of Children (Scotland) Act 2003 [POCSA]
This act applies to both volunteers
and paid employees and allows Scottish (Government) Ministers to maintain the Disqualified from Working with
Children List (DWCL). This is a list of people who are deemed unsuitable to work with children.
Under the Act, organisations
will have a duty:
- to refer someone to Scottish Ministers if they have harmed a child or put a
child at risk of harm and have been dismissed, resigns or is moved away from contact with children as a consequence. The Ministers
will investigate and decide if the individual should be added to the List.
NB this section of the Act was implemented
on 10 January 2005 - to ensure that a prospective employee/volunteer is not fully listed – the only way
to do this would be to obtain a Standard or Enhanced Disclosure Scotland check for a childcare position.
NB this
section of the Act was implemented on 11 April 2005 - to remove any employees or volunteers from a ‘childcare’
position who are disqualified from working with children – this would mean carrying out periodic retrospective checks
on employees.
NB no date for the commencement of this section of the Act has been established
More POCSA FAQs
> Protection of Vulnerable Groups (Scotland) Act 2007
This legislation allows for
a new scheme which will replace the current disclosure system. All individuals who work with children and young people or
protected adults – whether paid staff or volunteers – must register to become a scheme member.
More PVG FAQs
> Data Protection Act 1998
This act introduces eight principles which support the
safe and legitimate management of information. This will be relevant to sports clubs and organisations who hold personal data
e.g. names, addresses, medical information forms and so on.View the eight data protection principles.
Q:
What does the new law say about children having to wear booster seats?
New regulations that govern the
use of child seats came into force on 18 September 2006. These regulations mean that all children aged 3 and above, until
they reach either their 12th birthday or 135cm in height must wear an appropriate child restraint for their weight. For all
passengers over this height or age, a seat belt must be worn if available.
This applies to all drivers – not just
parents. If you are convicted of failing to ensure that a child passenger is using an appropriate child restraint or wearing
a seat belt according to these legal requirements, you could face a fine of up to £500. Claims against your motor insurance
cover could also be affected.
There are several types of child restraints: baby seats, child seats, booster seats and
booster cushions, so you should check that the restraint you use is suitable for the child's weight.
A booster seat
helps to put the child into a position which supports improved protection from the adult seat belt. This may help to significantly
reduce injuries to children if they are involved in a crash.
For further details about the regulations, please click
on the link below:
http://www.thinkroadsafety.gov.uk/advice/seatbelts.htm
Q: What government publications
are relevant to child protection?
> Protecting Children - A Shared Responsibility, Guidance
on Inter-Agency Co-operation, Scottish Office (1998)
This important document describes the roles and
responsibilities of the various professional agencies involved in Child Protection i.e. police, social services, education,
health, Children’s Reporter. The key message is that everyone (including professionals and volunteers) must work together
and share information to protect children.
> “It’s everyone’s job to make sure I’m
alright”, Audit and Review, Scottish Executive (2002)
The title of this report was taken from the
words of one child who was interviewed during the audit of Child Protection systems in Scotland. This report stressed members
of the public and children themselves need to know who to contact if they are worried about a child or need help.
>
Protecting Children and Young People: Framework for Standards, Scottish Executive (2004)
This sets out
“what each child in Scotland can expect from professionals and agencies to ensure that they are adequately protected
and their needs met. It also sets out what parents or other adults who may report abuse and neglect can expect”.
>
Children’s Charter, Scottish Executive (2004)
Developed in consultation with children and young
people the Charter “sets out what children and young people need and expect to help protect them when they are in danger
of being, or already have been, harmed by another person”.
See www.scotland.gov.uk/childprotection for more information about the Scottish Executive’s programme on the reform of child protection in Scotland.
