1.1.1 The legal definition of a ‘child’
Throughout these pages, we refer to children and young people, and by this we mean people who are under 18.
The National Guidance for Child Protection in Scotland 2021 (updated 2023) states “the protection of children and young people includes unborn babies, and children and young people under the age of 18 years,” and goes on to say “it is important to note that for the purposes of the UNCRC, the rights apply to anyone under the age of 18.”
The National Guidance acknowledges that “the legal boundaries of childhood and adulthood are variously defined. There are overlaps,” and provides details of where there are overlaps and which pieces of legislation are relevant (see 4.2 for more information ).
It is important that you are clear about where overlaps may occur in relation to your specific project or activity and that these are built into service planning, children and family engagement, and seeking consent.
1.1.2 Key policies and frameworks
The incorporation of the UNCRC into Scots law in 2024 means that children and young people’s rights are now written into law at a domestic level, with Scotland the first UK nation to do this.
There are 54 articles in the UNCRC but key ones relevant to the artistic, cultural and creative sector and keeping children safe include:
The Children and Young People’s Commissioner Scotland website has some really helpful, accessible information on the UNCRC website:
The Scottish Government also has several other key policies and frameworks which should be considered including:
Getting it right for every child (GIRFEC) , the framework which aims to ensure that all children receive appropriate help and support where needed. This includes the ‘eight indicators of wellbeing’: Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible and Included (SHANARRI)
Curriculum for Excellence , where the overall objective of learning and teaching is to develop children’s capacities in four areas – as successful learners, confident individuals, responsible citizens and effective contributors
Artistic, cultural and creative activities can play an important part in achieving children and young people’s rights as well as the objectives of GIRFEC, SHANARRI and Curriculum for Excellence, while an understanding of where they fit into the NPF is also helpful.
As well as having fun and learning a skill, these activities can help children’s development in many ways and contribute to helping children achieve their potential.
1.1.3 Embedding children’s rights into your work or activities
At the heart of good practice in protecting children lies an understanding of their rights. There are four key principles that should underpin your work with children and young people, whether you are a large organisation or an individual:
The best interests of the child must always be a primary consideration
All children and young people should be treated fairly and with dignity and respect
All children and young people have the right to express their views on matters that affect them
All children and young people have the right to protection from all forms of harm, abuse, neglect and exploitation.
The fourth point is covered in the next section (1.2 Key child protection and wider safeguarding issues to keep in mind ) but some important things to consider for the first three points include:
The best interests of the child must always be a primary consideration
The 'best interests test' means thinking carefully about what's best for children and young people in your decision-making or any activity you deliver. You should always be able to explain why something benefits children and young people while keeping them safe.
It’s helpful to consider how they’ll view what you say and do, especially if they have additional support needs or have encountered difficult experiences.
This applies not just to planning activities but also when setting rules or dealing with discipline. It's important to strike a balance between what's good for the group and for each individual.
Knowing the children and young people you work with is key. Talk to parents, carers, or other staff to understand any specific needs, and if another agency refers a child, make sure you get all the necessary information.
Asking yourself if your actions benefit the children and if your behaviour is appropriate for their needs will keep you on track. By reflecting regularly and including children in decisions, you create a sense of fairness and can ensure that their best interests are always at the heart of what you do.
All children and young people should be treated fairly and with dignity and respect
It’s important to understand that fairness doesn't mean treating everyone the same but giving each child what they need to thrive. Equality is about giving everyone the same chances, while equity ensures each child gets the specific support they need.
Involving children and young people in planning and reviewing activities is a great way to give them a voice and ensure fairness. Each child is unique, with their own backgrounds and needs, such as cultural, religious, or health-related factors, or their experiences with social care, illness or disability, or being a young carer.
It's important to recognise that not all needs will be visible, so creating inclusive environments from the start is key.
When working with children based in schools or other settings, it would be helpful to talk to professionals who know them best. These conversations should be handled carefully and confidentially.
The Equality Act (2010) provides a legal framework to protect people from discrimination based on the following characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
It’s crucial to plan activities that are inclusive of all children, considering these protected characteristics, which will also then align with the UNCRC Article 2: ‘I have the right for my rights to be applied without discrimination’.
Seek out expert information and resources from different organisations where necessary. This could be linked to, for example, additional support needs or disability, race, religion, LGBTQI or care experience.
All children and young people have the right to express their views on matters that affect them
As previously highlighted, under the UNCRC, children have a right to express their views on all matters affecting them (Article 12) and participation in creative activities is one way of ensuring this right is implemented.
You should make sure that your activities allow space for children and young people to express their views about activities they are involved in. As we have mentioned, their involvement can be beneficial on so many levels and should be embedded wherever possible.
Give some thought to ways that children can play as full a part as possible in planning and decision-making within your activities.
Allowing children to express their views will not only assist in their enjoyment of the activities but can also provide another route to ensure their protection.
If children feel respected and listened to it is likely that they will feel more comfortable in letting you know about situations where they do not feel safe – whether that is taking part in your activity, at home or in another setting.
1.1.4 Trauma-informed practice and approaches
There is a move in Scotland for services to work towards implementing a trauma-informed and responsive approach. Depending on what sort of activities you are involved in, this could feel like a natural fit (i.e. drama or art linked to challenging life experiences), or it might feel like nothing to do with your work.
Taking a trauma-informed approach will mean a supportive environment not only for those taking part in your activities, but also your staff and volunteers. It is well worth considering when planning or reviewing the work you do.
A Roadmap for Creating Trauma-Informed and Responsive Change has been designed to help services and organisations identify and reflect on progress, strengths and opportunities for embedding a trauma-informed and responsive approach across policy and practice. It includes a self-assessment checklist which you will find helpful to work though.
1.1.5 Consent to participate
Navigating consent can feel challenging, but it’s an essential part of planning any creative project or activity with children or young people. Consent may be needed for participation, and while consent to participate may not be a legal requirement, it is best practice.
This helps participants understand the project and their rights, allowing them to make informed decisions, as outlined in Article 12 of the UNCRC: ‘I have the right to be listened to and taken seriously’.
When working with children under 16, their parents or carers must sign consent forms, but children over 16 can give their own consent. You should include a clear consent form with a signature box for both the participant and their parents, if necessary.
Along with the consent form, provide an information sheet that explains the project or activity in a child-friendly way, including details about the project, outcomes, and (for example) whether photos or videos will be taken.
Ensure participants know their involvement is optional and they can withdraw at any time.
1.1.6 Processing personal data
Before you start processing the personal data of any individual, you need to consider your legal basis for processing to help ensure it is lawful. The possible lawful bases for processing are outlined in Article 6 of the UK GDPR.
For the full list and further explanation on choosing a basis for processing, please see the Information Commissioner’s Office (ICO) Guide to the UK GDPR and the Lawful basis interactive guidance tool.
Please also to seek legal advice if you are intending to process children’s personal data to ensure you are complying with data protection legislation.
You may rely on any of the legal bases given in Article 6 as your lawful basis for processing a child’s personal data. However, for some of the bases there are some important additional considerations that you need to keep in mind when the individual is a child.
For example, if you intend to process a child’s personal data using consent as your lawful basis, you must ensure you are truly able to give children (or their parents) informed choice and control over how you use their personal data e.g. use of a consent form when taking and sharing photos or videos.
Consent shouldn’t be used as a way of avoiding your own responsibility for assessing security of data arrangements and the risks inherent in the processing. In England, Wales and Northern Ireland there is no set age at which a child is generally considered to be competent to provide their own consent to processing.
In Scotland children aged 12 or over are presumed to be of sufficient age and maturity to provide their own consent for data protection purposes.
Personal data should be stored securely, with clear communication to participants about how it will be used and for how long. You must make participants aware of their rights under the UK GDPR and the Data Protection Act 2018 .
This includes the right to access, amend, or delete their personal data. Provide a contact person within your organisation to help participants exercise their rights or if they have concerns about how their data is being used.
Under data protection legislation, every citizen has specific ‘individual rights’ regarding their personal data, and it’s important for participants to know this. You can find more details about these rights on the Information Commissioner’s Office (ICO) website .
Additionally, participants should know how to contact the ICO if they have complaints about how their data is handled.
When working with schools or established groups, much of the required personal information may already be in place. While they may not be able to share this information directly with you without permission, they can contact families or provide necessary medical support in case of emergency.
For new groups, you'll need to gather all relevant data yourself to ensure participants' needs are met and that you can respond to any emergencies effectively.
Overall, handling children’s personal data carefully and in line with legal requirements not only helps protect participants but also builds trust and ensures their rights are respected throughout the project.
Note: information about ‘Confidentiality, consent, information sharing and recording’ is included in the next section (1.2 Key child protection and wider safeguarding issues to keep in mind )
1.1.7 Multi-agency working
As you will already know, the children’s sector is vast and encompasses a wide range of agencies and organisations. This includes statutory, private and voluntary (or third) sectors, all providing a wide range of different activities.
The desire and ability to work together and take a multi-agency approach is essential to ensuring the safety of children and young people.
It is important to make sure you understand where you (if you are working as an individual) or your organisation fits within the children’s sector, particularly if you will be connecting with statutory agencies.
We are all parts of the jigsaw, and in order for the jigsaw to fit together, we all need to know and understand our role within the wider picture. If possible, attend multi-agency training which will allow you or your staff to make links across different parts of the sector.
Good multi-agency working and positive professional relationships are central to effective safeguarding.
1.1.8 Other practical considerations
Insurance
It will be essential that you have the correct types and levels of insurance from public liability to professional indemnity or equipment insurance. There are insurance companies that are tailored specifically towards artistic and creative work.
Finances
Setting up accounts, managing tax, VAT, national insurance and invoicing systems all need to run smoothly. Creative Scotland has a section on our website – Guides and Toolkits – that address some of these issues.
Funding
Many funders will want to see evidence that you have insurance and financial processes in place but increasingly they want to know about your child protection and safeguarding, sometimes asking to see copies of policies and procedures.
Registration
It will be worth checking whether your project or planned activities need to be registered. The Care Inspectorate guide ‘Applying to register a care service’ describes the day care of children as:
“A service which provides care for children on non-domestic premises for a total of more than two hours per day and on at least six days per year. Includes nursery classes, creches, after school clubs and playgroups and can be run on a public, private or voluntary basis.
This definition does not include services which are part of school activities. Nor does it include activities where care is not provided such as sports clubs or uniformed activities such as Scouts or Guides.”
1.2 Key child protection and wider safeguarding issues to keep in mind
This section provides you with some of the key information that you need to know in relation to child protection and wider safeguarding. It covers point 4 of ‘Embedding children’s rights in your work or activities’ in the previous section – All children and young people have the right to protection from all forms of harm, abuse, neglect and exploitation.
This is not an exhaustive list of topics. What you need to know and have in place will very much depend on what activities you deliver.
Not everything will be relevant to all circumstances, but some will be essential to help you create and implement your policy and procedures, while others will be helpful to know about.
Where necessary or useful, there is additional information on certain topics in section 4.2 Further child protection or safeguarding information .
1.2.2 Legislation, guidance and definitions
The National Guidance for Child Protection in Scotland 2021 (updated 2023) is the key guidance document / framework which outlines the responsibilities and expectations for everyone involved in protecting children in Scotland.
It is supported by the UNCRC (Incorporation) Act 2024 and the policies/frameworks highlighted in the previous section – GIRFEC, Curriculum for Excellence and The National Performance Framework.
These are many other pieces of guidance, policies and legislation that inform child protection and safeguarding covering areas such as Protection of Vulnerable Groups, The Promise Scotland, Equal Protection, and trauma-informed approaches so a more detailed list is available in 4.2.
Although you do not necessarily need to be able to quote chapter and verse of the legislation and guidance, you need to know there are such documents out there that govern how you should respond.
The National Guidance for Child Protection in Scotland 2021 (updated 2023) defines child protection as: “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.
Child protection guidance provides overall direction for agencies and professional disciplines where there are concerns that a child may be at risk of harm.”
It goes on to say: “Child protection is part of a continuum of collaborative duties upon agencies working with children. The Getting it right for every child (GIRFEC) approach promotes and supports planning for such services to be provided in the way which best safeguards, supports and promotes the wellbeing of children, and ensures that any action to meet needs is taken at the earliest appropriate time to prevent acute needs arising.
The planning of systems should ensure that action is integrated from the point of view of recipients.”
It defines abuse and neglect as: “Abuse and neglect are forms of maltreatment. Abuse or neglect may involve inflicting harm or failing to act to prevent harm. Children may be maltreated at home; within a family or peer network; in care placements; institutions or community settings; and in the online and digital environment.
Those responsible may be previously unknown or familiar, or in positions of trust. They may be family members. Children may be harmed pre-birth, for instance by domestic abuse of a mother or through parental alcohol and drug use.”
As you can see, abuse and neglect can cover many situations. Abuse is not just about inflicting harm; it is also about ‘failing to act to prevent harm’. We also see here that abuse can occur within the family, within the community or within the online and digital environment.
The different types of abuse identified in the National Guidance for Child Protection in Scotland 2021 (updated 2023) are:
More detailed information about the different types of abuse and potential needs or concerns to consider when working with children, young people and families is in section 4.2.
Whilst it is important that we know about the different types of abuse, the key message is that you will often know when something does not seem right. If something does not seem right, you need to flag this up.
The categorising of the type of harm can come later - the main thing is keeping the child safe from harm and taking action as appropriate.
The four public bodies that hold legal responsibility for responding to child abuse in Scotland are the local authority, the police, the Scottish Children’s Reporter Administration (SCRA) and Children’s Hearings Scotland. Police Scotland, NHS Boards and local authorities are the key agencies that have individual and collective responsibilities for child protection.
However, all public bodies have a responsibility to recognise and actively consider potential risks to a child, irrespective of whether the child is the main focus of their involvement.
1.2.3 Confidentiality, consent, information sharing and recording
Consent to participate and hold personal data is covered in the previous section but it is important to be aware that where there are child protection concerns, legislation allows the sharing of information without consent, “provided it is necessary, proportionate and lawful”.
This could feel a bit overwhelming but a couple of principles to keep in mind include:
No single practitioner can have a full picture of a child’s needs and circumstances. Similar to constructing a jigsaw, it is often only when information from a number of sources has been shared that it becomes clear that a child has suffered or is likely to suffer significant harm. If children and families are to receive the right help at the right time, everyone has a role to play in identifying concerns, sharing information and taking prompt action.
The National Guidance for Child Protection in Scotland 2021 (updated 2023) provides in-depth information on Information Sharing in relation to children and families (p.27-30), including guiding principles, involvement of children, sharing without consent and use of professional judgement.
If you are unable to get consent to share information (either refusal or your decision not to ask due to increased risk), then please make sure you make a note of your interpretation of the events and share this when you make a referral to another agency.
When a child discloses something that causes concern, or if a member of staff raises concerns about a child’s wellbeing, it is important to record this information clearly and accurately. Any concern should be recorded, regardless of whether it will be ultimately passed on to the statutory authorities.
We recommend that your organisation adopt a procedure for recording information, which is the responsibility of the designated officer , but which all staff and volunteers are familiar with.
The information should be written down as soon as possible after the concern has been noted and certainly within 24 hours. The individual who had the concern or to whom the disclosure was made should be the one to record it. Learn more about this in Section 3.2 .
The following information should be contained in the written report if known:
Both the note-taker and the designated officer should sign this note. If the matter is then passed on to a statutory agency, this written information should be forwarded following any telephone contact with them.
Remember that sometimes, an immediate verbal report is needed, which can then be followed up with the written record. This would apply where a child is deemed to be at risk of significant harm and immediate action is required to protect them.
We have included two recording templates in 4.2 that you could adapt for your own purposes. One captures ‘wellbeing discussions’ (i.e. not referred on) while the other is for situations in which you need to pass on concerns.
1.2.4 Online safety
Children, young people and families have been living a large part of their lives online for some time, while working with children and families online is now also a regular occurrence – information in the National Guidance for Child Protection in Scotland 2021 (updated 2023) reflects this.
It defines online abuse as “any type of abuse that occurs in the digital environment and the internet, facilitated through technology and devices such as computers, tablets, mobile phones, gaming devices and other online-enabled devices” (p.177).
The online space is ever-evolving and whilst it can be easy to see online safety as a specific concern in itself, which it can be, it is important to remember that many types of abuse can be perpetrated with technology and perpetuated through online spaces.
Some of the risks associated with being online could include:
What you can or need to do about this will very much be dependent on what projects or activities you are delivering. But in all likelihood, you will be doing something online – from marketing all the way through to using chat facilities, social media or gaming.
There are several steps you can go through to provide clarity about how you navigate the online world including:
Audit your usage
Consider how your project or activity uses, or will use, technology or access the internet.
Assess the risk involved
Undertake a risk assessment for online activity – current, changing or new.
It may be helpful to follow the 4Cs of online safety developed by Children Online: Research and Evidence (CO:RE) which breaks it down into four areas of potential risk: content, contact, conduct and commerce.
You can read more about it on the NSPCC website.
Develop and implement policies, procedures and approaches
Develop an online usage policy which should include a set of guidelines and expectations when online.
Ensure that this covers all the ways that your organisation or participants in your activities will use digital platforms, tools and resources – be aware of how rapidly these can change.
Take advice on, and, where required, install any necessary hardware or software and ensure that all the correct parental control settings are in place.
Develop an online agreement to be signed by young people themselves if over the age of 16 and both the young person and their parents/carers where their child is under the age of 16.
If appropriate, put on display your guidelines and expectations for online usage – around your organisation or online.
If you are using social media with children and young people, make sure you use them responsibly and keep in mind age restrictions – e.g. many have a minimum age of 13 so you should not engage with children on those platforms under that age.
Make sure children, young people, staff and volunteers all know what to do if they are concerned about something.
Have clear links through to Childline and other forms of support for children and young people in case they want to talk to someone outside your group.
Keep yourself informed about online development and attend any training available to you.
As always, aim to include children and young people in the development of any policies and procedures and keep talking about issues as they come up. This will effectively embed online safety in everyday activities while also educating young people on how to engage digitally in the safest possible way.
It is also important to consider a child’s online activity within a right’s perspective, so we would recommend that you have a look at the 5Rights Foundation website . They take the existing rights that children and young people have and articulate them for the digital world.
The 5Rights are:
The Right to Remove
The Right to Know
The Right to Safety and Support
The Right to Informed and Conscious Use
The Right to Digital Literacy.
The full text of the 5Rights can be found on their website as well as their series of podcasts which started in July 2024.
Additional sources of information, campaigns and specialist organisations are included in sections 4.2 and 4.4 .
1.2.5 Photographs, images and film
Taking and sharing photos or videos of children in clubs or activities can be a positive experience, but it’s important to handle it carefully and within legal requirements.
Images can identify children, especially when paired with personal information like their name or the organisation or project they belong to. This could make them vulnerable to inappropriate contact or misuse of their photos.
To protect children, guidelines suggest avoiding publishing their names alongside their pictures. If a name must be shared, don’t include a photo, and vice versa. Informed consent is key.
Make sure everyone involved understands how their images will be used, whether online, in print, or on social media. Once an image is online, control over its use is lost, so this should be communicated clearly.
Children and young people should be included in consent discussions, and depending on their age, parents’ or carers’ permission might also be needed. When working with a group, be mindful of differing opinions regarding photography. Always check policies if working for a third party, like a local authority or school.
The NSPCC has a Photography and filming children section on their website and the Child Wellbeing and Protection in Sport in Scotland service has a ‘Use of Photos and Videos’ guide on their website .
1.2.6 Using appropriate materials
Under the UNCRC, children and young people have a right to participate freely in cultural life and the arts (Article 31). Alongside this right, it is recognised that children need to be protected from information and material that might affect their wellbeing.
Working in a creative and artistic environment, it will be important to consider the appropriateness of the material that you use.
What is acceptable may vary, depending on the cultural and local nuances of a particular area or group of people, and on the age, developmental stage or individual needs of the children and young people you are working with.
Good planning is essential and, if you are undertaking work for a third party, you should endeavour to work in partnership with your client when developing your activity plan. If you are travelling with a piece of work, then it would be advisable to consult with your hosts in advance on the content of the material.
Some arts activities, such as drama and dance, may involve children and young people imitating and repeating words or actions. You should be very aware of the capacity for children to imitate and act upon what they see and hear.
Context will be very important for the use of any artistic material that may be considered unsuitable, and participants should be warned about any activities that may include this type of material.
Allowing children and young people to view unsuitable material of a sexual nature is potentially sexual abuse. The Sexual Offences (Scotland) Act 2009 provides that it is an offence for a person over the age of 16 to cause a child under the age of 16 to view a ‘sexual image’ where their motive in doing so is to seek sexual gratification or to humiliate, alarm or distress the child.
While the content of some productions or projects could focus on distressing subject matter – e.g. death, family breakdown, bullying, prejudicial behaviour, etc. – this should be managed in a sensitive, supportive way.
1.2.7 Protecting children from exploitation
Enabling children to take part in performances can provide them with an invaluable, developmental and enjoyable experience but there are some things that you need to bear in mind.
You may need to apply for a license from the appropriate department of the local authority so that children and young people can take part in your activities and there are also legal restrictions on how many hours a week they are allowed to work.
Even if they are involved in a voluntary performance, try to ensure that your rehearsals and performances do not last too long, do not finish late at night and do not involve activities that may be damaging to their health or wellbeing.
Always discuss expectations and requirements with children/young people and their parents/carers from the outset.
You should also consider your approach to child protection when working with adults and children together, for example in community theatre productions.
Some helpful sources of information in the area include:
1.2.8 Physical contact with children and young people
While the introduction of the Children (Equal Protection from Assault) Act 2019 provided clarity that no form of physical punishment would be permitted, it does not provide answers to the wider issues of physical contact with children and young people when engaging in activities.
It is impossible to provide blanket statements on how, when or where physical contact is ok. It is dependent on many different factors, including the type of activity being provided, the relationship between workers and participants, the individual situation, etc. This could also vary from one time period to another.
The best starting point is to remember that a primary consideration must always be to act in the best interests of a child.
Physical contact will be appropriate in certain situations. This could be, for example, because activities are drama or dance-based, a child has hurt themselves and needs comforting or a young person has additional support needs and requires assistance.
These are the sorts of situations that should be considered when you are writing your organisation’s guidance, specifically the code of behaviour.
Generally, physical contact will be appropriate if the child or young person has initiated it. Be guided by how they react to any physical contact – if they resist or appear uncomfortable, then respect that and do not force unnecessary contact.
It is helpful to always try to ensure that the adult and child are in a public place and, if possible, there is more than one adult present.
Some children and young people’s experiences may mean that their understanding of what is or isn’t appropriate, or what boundaries should be in place around physical contact, is blurred. In these circumstances it is even more important that the adults involved are clear about what is appropriate and understand the organisation’s code of behaviour.
This can also be another reason why it is so helpful to involve children and young people in the writing of the code of behaviour because it allows open discussion on the issues and clarity on all sides.
Although not directly related to all activities delivered by the creative sector, the Child Wellbeing and Protection in Sport in Scotland service has a number of briefings including ‘Physical contact’, ‘First Aid and treatment of Injuries’ and ‘Sexual activity’ on their website .
The Child Protection in Sport Unit (CPSU) has a very helpful briefing called ‘Physical contact and young people in sport’ which outlines key principles that should be easily transferable to your own circumstances.
1.2.9 Discipline
Issues relating to fairness are particularly pertinent when it comes to discipline. Working with children and young people can be challenging and how to be effective when it comes to setting and keeping rules is a common concern. Before commencing work with a group of children or young people, be clear in your own mind how you are going to deal with challenging behaviour.
Even if the children are only meeting up for a short period of time, you should spend some time at the beginning of the course or session involving the child or children in considering the rules for the activity, agreeing how they should be enforced, and establishing any sanctions should there be any infringements.
If you are undertaking work for a third party, for example in a school, discuss the issue of discipline in advance with a member of staff who knows the children. Work in partnership to agree a procedure for discipline.
Some points to consider in maintaining discipline include:
There is a Code of behaviour template in section 4.3 which is a good place for you to start, but here are some other sources of information that may be helpful:
The General Teaching Council for Scotland (GTCS) commissioned Children in Scotland to gather children and young people’s views as part of their Review of the Professional Standards. The report, available on the Children in Scotland website , was released in 2018 and has some great examples of what children think about boundaries and discipline.
In 2022, Children in Scotland was asked by NHS Education for Scotland (NES) and the Mental Health Directorate at the Scottish Government to work with children and young people to develop a One Good Adult job description. This is available as Appendix A in the One Good Adult Report of the website and provides some helpful insight into what children and young people say they want from the adults who work with them.
1.2.10 Bullying
“Bullying takes place in the context of relationships. It is behaviour that can make people feel hurt, threatened, frightened and left out and it can happen face to face and online.” respectme
With increased awareness of bullying, it’s crucial to address it thoughtfully when working with children and young people. Bullying in any form should never be tolerated. Start by defining what bullying looks like, creating a policy, and outlining consequences.
It’s helpful to involve children and young people in these conversations, as their experiences can provide valuable insights. This also gives them a sense of ownership over the rules, but always ensure these discussions happen in a safe environment where no one feels pressured to share.
Some behaviours, like discrimination based on protected characteristics under the Equalities Act 2010, may be considered criminal. Make sure your group’s code of behaviour explicitly addresses bullying and consider incorporating anti-bullying projects or marking annual events like Anti-Bullying Week to maintain awareness.
Scotland’s anti-bullying service, respectme , offers helpful resources for developing strong policies. If bullying does occur, handle it according to your policy, involve parents or carers as needed, and collaborate with other professionals if necessary. All actions should respect confidentiality and follow proper information-sharing protocols.
Finally, if you're self-employed, a freelance worker or an individual artist working for another organisation, familiarise yourself with their specific anti-bullying policies and procedures.
1.2.11 Position of Trust
The Sexual Offences (Scotland) Act 2009 defines a 'position of trust' as including those who look after children in a range of institutional settings, including schools, hospitals and residential establishments such as care homes or young offenders' institutions.
It also provides that a 'position of trust' exists if a person lives with a child and has or had any parental responsibilities or rights in respect of that child or treats the child as a child of their family.
Elements of this may come into play in your work or delivery of activities but even if it doesn’t, it is helpful to be aware of the term and how to respond. The National Guidance for Child Protection in Scotland 2021 (updated 2023) has a section on ‘Concerns relating to a person in a position of trust’ on p.93.
1.2.12 The Promise Scotland
It is helpful for you to have an awareness and understanding of The Promise Scotland, where it came from and its purpose.
The Promise Scotland is all about making sure that Scotland keeps its promises to children and young people in the care system. It was born out of the Independent Care Review in 2020, which listened to thousands of voices and made recommendations for big changes. The goal is to transform the care system by 2030 so that every child feels loved, supported, and heard.
At the heart of The Promise is a commitment to children’s rights and ensuring they are at the centre of decisions that affect them. It’s about creating a system that truly cares, one that’s trauma-informed and responsive to each child’s individual needs.
The Promise Scotland works with local authorities, communities, and other organisations to make sure these changes happen, making a real difference in the lives of care-experienced children and young people across Scotland.
1.2.13 Children’s Hearings Service
It is also helpful for you to have an awareness and understanding of the Children’s Hearings System because, while you will not necessarily know whether the children or young people using your activities are part of the system, your organisation could be in the best place to offer support.
The Children’s Hearings Scotland is a unique way of supporting children and young people who need care, protection or guidance. Instead of going through courts, children and families attend a hearing with trained volunteers called ‘panel members’.
These panels listen to what’s going on in the child’s life and make decisions that are in the best interests of the child.
The system is designed to be child-friendly and less intimidating, aiming to understand each child’s circumstances and ensure they get the help they need. Hearings can address a wide range of situations, from family difficulties to issues with school or behaviour.
The goal is always to support the child in a positive way, whether that’s through care arrangements, support services or other steps.
1.2.14 Prevent
It is useful to know about the UK-wide Prevent strategy and how it is delivered in Scotland because those people who are working directly with children and families will often be best placed to provide support or share concerns at an earlier point.
Prevent has three strategic objectives:
Respond to the ideological challenge of terrorism and the threat from those who promote it.
Prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support.
Work with sectors and institutions where there are risks of radicalisation that we need to address.
Police Scotland state that “A concerted effort has been made to ensure that the preventative, rights-based approach taken in Scotland is balanced, proportionate and aligned to existing safeguarding procedures,” and they provide a helpful Q&A section on their website .
1.2.15 Working with and safeguarding adults
Although it is highly likely that the majority of people using your services and/or taking part in your activities will be children and young people, you are also likely to come into contact with adults. These might be parents/carers of the children and young people or participants themselves.
For that reason, it is useful for you to be aware of what constitutes an ‘adult at risk’ and what to do if there are concerns. It would be helpful for you to consider this when mapping out your activities and developing your child protection processes.
If need be, you should develop a brief set of ‘adult safeguarding guidelines’. These should be proportionate to the activities or services you run.
A checklist has been provided in section 4.3 to help you work through these stages.
