1. Introduction
These procedures describe responsibilities, expectations and actions for all involved in protecting children from significant harm in City of Edinburgh, East Lothian, Midlothian and West Lothian.
Everyone has a role in making sure children are safe, whether in private, public or on-line spaces. The welfare of the child is the paramount consideration in action to ensure children's safety.
Child Protection is everyone's responsibility. Professionals working with children and adults must work together to share information, assess and analyse needs and risks, and plan and deliver services jointly in a co-ordinated manner. In doing so, professionals can reduce the risk of harm to children and promote their welfare.
These procedures align with themes in the National Guidance for Child Protection in Scotland 2021, which reflect changes in legislation, standards and policy, developments in practice as well as findings from research, Significant Case Reviews/Learning Reviews and Inspections.
Effective use of these procedures requires collaborative leadership from chief officers and senior managers across all services. This requires sufficient resources to deliver effective Child Protection services, supporting the workforce and ensuring they have access to high quality learning and development opportunities.
These procedures may be complemented by individual agency procedures or guidelines where more detail about specific processes is required. Generic terms for roles have been used throughout, as it is recognised that different areas may have designated roles with specific responsibilities.
2. Child Protection Process (from pre-birth to 18)
3. Principles underpinning the procedures
1. The incorporation of the UN Convention on the Rights of the Child (UNCRC) into Scots law provides the foundation for a holistic approach to ensuring children's safety and wellbeing. The Scottish approach to Child Protection is based upon the protection of children's rights. This requires a continuum of preventative and protective work.
2. The child's views should be considered at all stages of their involvement in Child Protection processes, and they should be supported to do this by any means necessary.
3. Children should get the right help, at the right time, from the right people (GIRFEC). Early interventions through Universal Services and multi-agency supports can provide proportionate responses to reduce the risk and impact of harm before a Child Protection intervention is required.
4. These Child Protection procedures must be considered for a person up to the age of 18 and prior to a child's birth. 'Child' is defined as a person up to 18 years of age in line with the United Nations Convention on the Rights of the Child (UNCRC) definition. These procedures will use the term 'child' to refer to anyone from birth up to the age 18.
5. Children may experience significant harm beyond their family environment and be exposed to violence/exploitation in their school, community or peer group. Child Protection Procedures should be considered in all situations where a child may be or is at risk of significant harm.
6. Intervention in a child and family's lives can be traumatic events in themselves, and every action taken should be underpinned by an understanding of the impact of trauma and how to minimise this. A trauma informed approach should frame our Child Protection response and should consider the following principles: Safety, Choice, Collaborate, Empower and Trust (Trauma-Informed Practice: A Toolkit for Scotland).
4. Involving children and families in Child Protection processes
The protection and welfare of children must be at the heart of all considerations and decisions.
Children and their main care givers should be involved and included at every stage of the Child Protection process, unless there is a clear and demonstrable reason why this would increase the risk to a child.
5. Working with children and young people
Children and young people must:
- Have their views sought, listened to and considered at every stage of assessment, planning and intervention. Where professionals disagree with the child's view of what action should or should not be taken, this must be explained to the child.
- Be helped to understand what the concerns are, the purpose of any intervention, and how they can contribute throughout the Child Protection process.
- Be supported to contribute to and understand their Child Protection plan and receive an accessible copy appropriate to their age, stage and understanding (any additional support needs, communication barriers and trauma experienced should be considered).
- Have access to advocacy.
6. Working with parents/carers
Practitioners must seek to achieve a shared understanding with parents about concerns and about actions needed to reduce risk and build on strengths. In doing so:
- The views of parents and carers should always be listened to and considered.
- They should be given as much information as possible about what is happening and be involved in decision making unless this increases the risk to the child.
- They should be supported to understand what the concerns are and what their role is in any meeting or plan.
- Working in partnership with family members is key to the long-term beneficial outcomes for the child, and staff must take account of a family's strengths as well as its weaknesses.
8. Children's expectations of the Child Protection processes
Needs accessible format
9. Parents' expectations of the Child Protection processes
Needs accessible format
10. What is Child Protection?
Child Protection refers to the processes involved in consideration, assessment and planning of required action, together with the actions themselves, where there are concerns that a child may be at risk of harm (National Guidance for Child Protection in Scotland, 2021).
The first stage of the Child Protection process is when a concern has been identified and a Child Protection referral is made to one of the core agencies (Police, Social Work or Health). All concerns which may indicate risk of significant harm must lead to an Inter-Agency Referral Discussion (IRD). Child Protection Procedures can and should be used to address risk of significant harm in any context or setting, within and beyond the family.
'Harm' in this context refers to the ill-treatment or the impairment of the health or development of the child, including, for example, impairment suffered as a result of seeing or hearing the ill treatment of another. 'Development' can mean physical, intellectual, emotional, social or behavioural development. 'Health' can mean physical or mental health. Forming a view on the significance of harm involves information gathering, putting a concern in context, and analysis of the facts and circumstances.
'Significant harm' is not defined in law. The extent to which harm is significant relates to the severity or anticipated severity of the impact on a child's health and development. Professional judgement about the significance of harm will consider:
- The child's experience, needs and feelings as far as they are known;
- The nature, degree and extent of physical or emotional harm;
- The duration and frequency of abuse and neglect;
- Overall parenting capacity;
- The apparent or anticipated impact given the child's age and stage of development;
- Extent of any premeditation; and
- The presence or degree of threat, coercion, sadism and any other factors that may increase risk to do with the child, family or wider context.
A single traumatic event may cause significant harm - for example a violent assault, suffocation or poisoning. More often, significant harm results from an accumulation of events, both acute and long-standing, that interrupt, change or damage the child's physical and psychological development.
11. Definitions
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
12. Agencies' Roles and Responsibilities
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
13. How concerns may arise
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
14. Information sharing
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
15. Timescales for the Child Protection process
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
16. Reporting Child Protection concerns
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
17. Child Protection assessment and planning
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
18. Child Protection Planning Meeting (CPPM)
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
19. Child Protection Plan
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
20. Core Group
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.
21. Appendices
What is harm and abuse?
Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be abused or neglected in any setting, and online (for example, social media and gaming forums). Children can be exposed to abuse or exploitation in their school, community or peer group, which makes it hard for those caring for them to keep them safe. Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Harm may occur pre-birth, for instance by domestic abuse of a mother or through parental alcohol or drug use.
Consideration of the impact of systemic pressures (including for example, poverty or homelessness) and structural inequalities on children is a core consideration in Child Protection assessment and family support. The way in which risk to a child is impacted by their wider circumstances should always be considered as part of an assessment and plan.
The following list is not exhaustive; see Appendix 1 for more detail about types of harm and abuse.
Physical Abuse
Is causing 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. All forms of physical punishment of children are against the law in Scotland regardless of personal attitudes towards reasonable discipline.
Emotional Abuse
Is persistent emotional neglect or ill treatment of a child causing severe and lasting adverse effects on the 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:
- Making a child feel that they are worthless or unloved, inadequate or valued only because they meet the needs of another person;
- Having unrealistic expectations or imposing demands inappropriate for their age or stage of development;
- Repeated silencing, ridiculing or intimidation;
- Extreme overprotection, such that a child is harmed by prevention of learning, exploration and social development; and/or
- Seeing or hearing the abuse of another (in accordance with the Domestic Abuse (Scotland) Act 2018).
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, whether or not the child is aware of what is happening. Children under the age of 13 cannot consent to any form of sexual activity.
For those who may be victims of sexual offences aged 16-17 and who are at risk of significant harm, Child Protection procedures apply, and must be followed when there is concern about sexual exploitation or trafficking.
Sexual abuse may involve physical contact, including penetrative or non-penetrative acts or may involve non-contact activities, such as involving children in looking at, or in the production of, indecent images, or in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.
Child sexual exploitation
Is a form of child sexual abuse. It 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 online.
It is important to remember that victims of child sexual exploitation (CSE) may not recognise the abuse and may regard themselves as being in a consensual sexual relationship.
Criminal exploitation
An individual or group may use an imbalance of power to coerce, control, manipulate or deceive a child 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 they appear to have agreed to the activity. Child criminal exploitation may happen in person or online. It may involve gangs and organised criminal networks, for example using children to store, move or sell drugs or money (known as 'county lines'). Coercion, intimidation, violence (including sexual violence) and weapons may be involved.
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. Reasons for trafficking include sexual, criminal and financial exploitation, forced labour, removal of organs, illegal adoption, and forced or illegal marriage. The National Referral Mechanism process helps identify victims of human trafficking and exploitation.
Neglect
Is the 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. Single instances of neglectful behaviour may cause significant harm. Early signs of neglect indicate the need for support to prevent harm.
Once a child is born, neglect may involve 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.