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.
