4.1 Relevant legislation and policy
These are key legislative, guidance, and policy documents that are helpful to be aware of - a full list is available in the National Guidance for Child Protection in Scotland 2021 (updated 2023) on p.221.
The Children (Scotland) Act 1995 outlines the legislative framework for Scotland’s child protection system. It covers parental responsibilities and rights, and the duties and powers local public authorities have for supporting and promoting the safety and welfare of children.
The Education (Additional Support for Learning) (Scotland) 2004 legislates that, where a child or young person has additional support needs, the local authority has a duty to support them in their education.
Getting it right for every child (GIRFEC) (Scottish Government, 2006) – Refreshed guidance describing GIRFEC Policy and Practice was published in 2022
This is the Scottish Government’s approach to making a positive difference for all children and young people in Scotland.
The Protection of Vulnerable Groups (Scotland) Act 2007 provides for the barring of those persons that Scottish Ministers consider to be unsuitable for regulated work with children or protected adults (or both).
NOTE: Disclosure (Scotland) Act 2020 came into force on 1 April 2025 and will bring several changes including:
The Equality Act (2010) brought together 110+ separate pieces of legislation into one Act that provides a framework to protect the rights of individuals and advance equality of opportunity for all. It introduced the nine ‘protected characteristics’ and provides a range of codes of practice.
The Children’s Hearings (Scotland) Act 2011 introduced a single, national children’s panel and brought together existing laws, while creating safeguarders and embedding children’s views.
The Children and Young People (Scotland) Act 2014 amends the Children (Scotland) Act 1995 to ensure children's rights are upheld.
Children and young people (Scotland) Act 2014: national guidance on part 12: services in relation to children at risk of becoming looked after, etc (Scottish Government, 2016)
This non-statutory guidance is for frontline practitioners, managers and strategic leaders who work with children and families facing adversities.
It gives an overview of the legal framework for providing support services where there is a risk a child may become looked after and describes who relevant services must be provided for.
National action plan to prevent and tackle child sexual exploitation (Scottish Government, 2016)
This action plan was updated in March 2016. It explains:
Internet safety for children and young people: national action plan (Scottish Government 2017)
This includes: raising awareness of children and young people's digital rights and responsibilities; improved guidance for professionals; an increased focus on ensuring parents and carers are better equipped to support their child's online activity; ensuring professionals are all better equipped to support children and young people who have suffered abuse online; and deterring people from committing abuse online.
Protecting children and young people: child protection committee and chief officer responsibilities (Scottish Government, 2019)
This guidance is for chief executives of health boards, chief executives of local authorities and police divisional commanders with delegated authority of the Chief Constable (a group referred to in the guidance as Chief Officers). It sets out how key agencies, bodies and Chief Officers should work together to protect children and how child protection committees (CPCs) will contribute to the delivery of the child protection agenda across Scotland.
Children (Equal Protection from Assault) (Scotland) Act 2019
The Act makes it illegal to physically punish a child.
The Children (Scotland) Act 2020 further aligned children's rights under the United Nations Convention on the Rights of the Child (UNCRC), making sure children's views are heard in family court cases and children's hearings, ensuring the best interests of children are at the centre of those cases. and giving more protection to victims of domestic abuse and their children
Children and young people (Scotland) Act 2014: statutory guidance on part 3: children's services planning - second edition 2020 (Scottish Government 2020)
This updated statutory guidance provides local authorities, health boards and other service providers advice and information on children's services planning.
The guidance clarifies national requirements and expectations to support relevant service providers in planning services that improve outcomes for children and young people.
National guidance for child protection in Scotland (Scottish Government, 2021, updated 2023)
This non-statutory guidance provides current national framework for child protection. It sets out the responsibilities and expectations of everyone who works with children. This includes practitioners working in health, police, third sector, local authority or education settings.
‘A Roadmap for Creating Trauma-Informed and Responsive Change: Guidance for Organisations, Systems and Workforces in Scotland’ (2023).
Designed to be used flexibly and independently by services and organisations across all sectors of the workforce in Scotland, to help identify and reflect on progress, strengths and opportunities for embedding a trauma-informed and responsive approach across policy and practice.
The UNCRC (incorporation) Act 2024 (Scottish Government 2024)
Key elements include:
Plan 24-30 (The Promise Scotland, 2024)
Updated plan following on from Plan21-24, building on the recommendations of the Independent Care Review Reports (2020). Sets out who need to do what and by when to #KeepThePromise by 2030. It is organised around the five foundations of The Promise: voice, family, care, people and scaffolding.
4.2.1 Types of abuse
The different types of abuse identified in the National Guidance for Child Protection in Scotland 2021 (updated 2023) are:
A new section in Part 4 of the National Guidance states that consideration of the impact of poverty on children should be a core part of child protection assessment and family support. It highlights that poverty intersects with other stressors upon families – e,g, poor housing – and can impact on mental and physical health and wellbeing and limit access to support. It recognises the difference between adversity due to economic / social circumstances and the harm due to abuse and or neglect.
Other needs and concerns highlighted in the National Guidance include, but are not limited to, the following:
4.2.5 Adults at risk
An awareness of safeguarding adults is important, even if it is likely that the majority of people using your services or taking part in your activities will be children and young people.
It is helpful if you and/or your organisation has an understanding of what constitutes a vulnerable adult, or ‘adult at risk’ and what to do if you have concerns.
Scotland has four key Acts that provide a legal framework for the support and protection of adults at risk of harm:
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Adults with Incapacity (Scotland) Act (2000)
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Mental Health (Care and Treatment) (Scotland) Act (2003)
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Adult Support and Protection (Scotland) Act (2007)
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Protection of Vulnerable Groups (Scotland) Act (2007).
The Adult Support and Protection (Scotland) Act defines an “adult at risk of harm” as someone aged 16 or over who:
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Because they have a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than other adults.
It is important to stress that all three elements of this definition must be met. The presence of a particular condition does not automatically mean an adult is an “adult at risk”. Someone could have a disability but be able to safeguard their own wellbeing, etc.
If you have concerns about an adult who you feel may be ‘at risk of harm’ then, as with a child protection concern, you need to record them and report them.
To find out more about when and how to report concerns, please have a look at the Act Against Harm website.
4.2.6 Safer recruitment
There are a number of steps to safer recruitment that you should be following in every case:
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Define the role and develop selection criteria. Ensure you have an up-to-date job description for the role along with a specification of the skills you are looking for – if possible identified as ‘essential’ and ‘desirable’.
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Plan the recruitment process, including who’s involved and timescales. If you haven’t already got one, develop a recruitment and selection policy that describes the process you follow.
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Prepare paperwork. This should include:
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A covering letter from your organisation – this could also provide information about the recruitment process.
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An application form – that will include personal details, previous/current work and/or voluntary experience, reasons for wanting the post and two references.
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A confidential form allowing applicants to disclose any criminal convictions (see Note below).
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Information about your organisation and the role.
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A copy of your child protection guidelines.
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Decide how and where you advertise the vacancy. Do this as widely as possible. It is helpful to make clear reference to your commitment to child protection in all recruiting materials.
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Scrutinise each application and create a shortlist. This should be approached in a systematic fashion to filter out unsuitable applications. Shortlisting should be based on the essential and desirable skills you previously identified.
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Write your interview questions and tests. These will be linked to the role and job description and should be designed to elicit the required information about the candidate’s suitability. It is helpful to use different interview methods where possible – e.g. tests, presentations, role-play – and, in an ideal world, include input from children and young people. If you do involve children and young people in interviewing, you should make sure that you have time to prepare with them before. They should also have a clear role within the interview process and an opportunity to feed back their thoughts on each candidate.
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Carry out your interviews. Face-to-face interviews are the best option with, if possible, two representatives from your organisation. All interviews should be based on an objective assessment of the candidate’s ability against the person specification and job description, but they are also an opportunity to explore the candidate’s attitudes towards children and motivation to do the work. Feel free to do second or follow up interviews if you find that helpful.
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Do the necessary checks. No offer of employment (including the offer of voluntary opportunities) should be made without the appropriate checks being undertaken. This includes:
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Confirmation of their identity (with photographic documentation)
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Seeing any original qualification documentation relevant to the job
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Written references from at least two people, preferably having first-hand knowledge of the applicant and their work with children. It is fine to follow these with telephone discussions if felt necessary.
NOTE: People working with children are exempt from the Rehabilitation of Offenders Act 1974 and must disclose all convictions even if they are ‘spent’. Convictions for certain offences will mean an individual would automatically be ‘barred’ from membership of the PVG Scheme.
It is illegal to employ someone to work with children who has been barred and it is illegal for the individual to apply for such a post. It is essential that you are aware and take account of the detailed advice and procedures described by Disclosure Scotland.
4.2.7 Protecting Vulnerable Groups (PVG) Scheme
If you're an employer and your business involves working with children and/or protected adults, employees carrying out these roles must be a member of the Protecting Vulnerable Groups (PVG) Scheme.
PVG is a membership scheme, established under the Protection of Vulnerable Groups (Scotland) Act 2007, which makes sure its members are allowed to work with vulnerable groups, including children and young people.
The PVG Scheme is operated on behalf of the Scottish Government by Disclosure Scotland which maintains lists of those individuals unsuitable to work with children – this is referred to as the ‘barred list’ (there is also one for protected adults).
Subject to meeting appropriate conditions, Disclosure Scotland, through the PVG Scheme, provides conviction history and vetting information to organisations and potential employers to help them make safer and more informed recruitment decisions.
It is illegal for anyone who has been barred from PVG membership to undertake ‘regulated roles’ with children, and illegal for anyone to employ a barred person to undertake such roles.
There is more detailed information available on the Disclosure Scotland website where you will be able to access the most up-to-date information and advice.
You can also contact the Disclosure Scotland helpline on 0300 020 0040.
From 1 April 2025, membership of the Protecting Vulnerable Groups (PVG) scheme became a legal requirement in Scotland, as part fo the phased implementation of the Disclosure (Scotland) Act 2020.
Any individual who is to carry out a regulated role (paid or voluntary) with children, protected adults or both, must be a member of the PVG scheme, prior to carrying out that role.
This phase of implementation will also bring into effect changes around who will be required to register with the PVG scheme. This includes:
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New ‘regulated’ roles and those in a ‘position of trust’: The term ‘regulated role’ will now be used, rather than ‘regulated work’ and the scope for what is considered ‘regulated’ is broadening. People carrying out these roles will be legally required to be PVG Scheme members. A regulated role will also now include people who have a ‘position of responsibility’ in certain organisations such as trustees and senior leadership, even though they may have no direct contact with children or protected adults. The organisations this will affect are those whose main aim is to provide services for children or protected adults. This will include any organisation involved in direct delivery to either of these groups.
For full details of PVG changes that are coming into effect from 1 April 2025, please go to Disclosure Scotland. We recommend that you undertake a review to understand which roles may now be regulated as a result of these changes.
If you are self-employed, a freelance worker or individual artist, you should seek professional advice on whether the role you are undertaking requires you to be registered with the PVG Scheme and what the most appropriate route for obtaining this registration is.
If you are contracted to work for a third party, such as a local authority or voluntary agency, or if you are using premises that belong to certain organisations such as churches or uniformed youth organisations, membership of the PVG Scheme may be a requirement of obtaining the contract. It is always the responsibility of the individual to apply for membership of the scheme.
If you are entering into a contract with a third party, there should be clear agreement on who is responsible for ensuring the required PVG Scheme registration and checks have been undertaken prior to any work commencing.
4.4 Resources and support
This section pulls together a wide range of links through to other sources of support or information, resources and learning opportunities.
4.4.1 Useful organisations, websites and resources
5Rights
Exists to articulate the rights of children and young people in the digital environment.
Act Against Harm
Advice and information on adult support and safeguarding
Action for Children Scotland
Supports and speaks out for the UK’s most vulnerable and neglected children and young people.
Barnardo’s Scotland
Works to transform the lives of vulnerable children across the UK through projects, campaigning and research.
Care Inspectorate
Ensuring the quality of care in Scotland and supporting services to make positive change.
CEOP
Child Exploitation and Online Protection Centre, providing a wide range of advice and support, plus a reporting facility
Childline
Provides free, confidential support to children who have been abused or have other worries or concerns.
Tel: 0800 1111, email or webchat
Children 1st
Offering practical help and advice to children, young people and families across Scotland.
Children in Scotland
The national network for improving children’s lives in Scotland.
Children’s Hearings Scotland
The Children’s Hearings System provides the operational setting in which SCRA and partner agencies work. The aim is to provide a safety net for vulnerable children and young people and deliver tailored solutions which meet the needs of the individuals involved, while helping to build stronger families and safer communities.
Child Protection Committees
Child Protection Committees Scotland (CPC Scotland) brings together a wealth of knowledge and expertise from the multi-agency child protection community.
Curriculum for Excellence
Scotland’s curriculum helps children and young people gain the knowledge, skills and attributes needed for life in the 21st century. It is divided into two phases: the broad general education and the senior phase.
Disclosure Scotland
Helping organisations make safer decisions when they’re recruiting people and making sure unsuitable people do not work with vulnerable groups, including children.
Education Scotland – Safeguarding and child protection guidance (2021)
Enquire: The Scottish Advice Service for Additional Support for Learning
Offers independent and impartial advice and information to parents, carers, practitioners, children and young people through a helpline, online advice service and a range of guides and factsheets.
Tel: 0345 123 2303 or online enquiry form
Generations Working Together
The nationally recognised centre of excellence supporting the development and integration of intergenerational work across Scotland.
Getting it right for every child (GIRFEC)
Health and Safety Executive (HSE)
Health and Social Care Standards
Internet Watch Foundation
Working to stop the repeated victimisation of people abused in childhood and make the internet a safer place, by identifying and removing global online child sexual abuse imagery.
Meaningful Participation and Engagement of Children and Young People.
Children in Scotland’ Principles and Guidelines.
NSPCC: Child protection system in Scotland
NSPCC: Helpline
Confidential help, advice and support.
Tel: 0800 800 5000 or email.
OSCR (Scottish Charity Regulator) Interim Safeguarding Guidance (2018)
Provides information for the charity sector in Scotland about the safeguarding of ‘vulnerable beneficiaries’.
Parentline Scotland
A free confidential helpline for parents and carers who need advice or support. Delivered by Children 1st.
Tel: 08000 28 22 33 or webchat.
Play Scotland
Delivering children and young people’s right to play in Scotland.
Protection of Vulnerable Groups (PVG) Scheme
Scottish Children’s Reporter Administration
A national body focused on children and young people most at risk working as part of the Children’s Hearings Service.
Supporting the Third Sector Protect
Hosted by Children in Scotland, providing advice and support to the third sector in implementation of GIRFEC.
UK Safer Internet Centre
Helping children and young people stay safe online via advice, information, professionals online safety helpline and facility to report harmful content.
Unicef: United Nations Convention on the Rights of the Child (UNCRC)
Young Scot
National youth information and citizenship charity in Scotland.
YouthLink Scotland
The national agency for youth work in Scotland.
4.4.2 Training providers
Children in Scotland provides a range of different learning opportunities, including child protection and safeguarding, via the Open Learning Programme for anyone to book a place, as well as a commissioned training offer. This includes an introduction / refresher course and training for designated officers, both in partnership with Barnardo’s.
There are also two free modules on their eLearning Hub that could be helpful in the specific areas of Children’s Rights and Getting it right for every child (GIRFEC) which were discussed in section 1.1.
While when considering effective participation and engagement of children and young people as also discussed in 1.1, Children in Scotland have developed a set of principles and guidelines called Meaningful Participation and Engagement of Children and Young People, which are free to access. They also have two free modules on the eLearning Hub that would be helpful in this area:
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Participation with children and young people.
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Building good relationships with children and young people.
The latest programme can be found on the Events section of the Children in Scotland website and the team are also happy to discuss developing tailored courses or programmes of events to meet your organisation’s needs.
There are also a number of different national organisation who provide child protection and safeguarding training, including:
There will also be learning opportunities at a local level, so it is always worth checking out what is available through your Child Protection Committee, Third Sector Interface or other local groups.
