Child Protection Guidance 2021

National Guidance for Child Protection in Scotland 2021 Part 1: The context for child protection 9 Version 1.0 September 2021 • ‘child’ includes any child who has turned 16 after being referred to the Principal Reporter, until the Principal Reporter makes a decision not to arrange a hearing, or a hearing makes a decision to discharge a referral, or until a Compulsory Supervision Order is made • children who are subject to a Compulsory Supervision Order under the Act on or after their 16th birthday are also treated as children until they reach the age of 18, or until order is terminated if this occurs first • where a sheriff remits a case to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995, then the person is treated as a child until the referral is discharged, any Compulsory Supervision Order in place is terminated, or the child turns 18 1.12 The Human Trafficking and Exploitation (Scotland) Act 2015 d efines a child as a person under 18 years. When s38 of this Act is implemented there will be a statutory duty on certain public bodies to notify Police Scotland about possible victims of human trafficking. The sexual abuse of trust offence applies to persons over 18 who are in a defined position of trust (such as teachers, care workers and health professionals) intentionally engaging in sexual activity towards a person under 18 years (Sexual Offences (Scotland) Act 2009, s42) . Th e Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 also defines a child as a person under 18 years in relation to sexual exploitation of children under the age of 18 through prostitution or pornography. 1.13 Under the Children and Young People (Scotland) Act 2014, a ‘child’ is defined, for the purposes of all Parts of that Act, as someone who has not yet attained the age of 18. The individual young person’s circumstances and age will dictate what legal protections are available. For example, the Adult Support and Protection (Scotland) Act 2007 c an be applied to over-16s when the criteria are met. 1.14 Subject to sections 32(3) and 33(2) and (4) of the Education (Scotland) Act 1980, a person is of school age if they have attained the age of five years and have not attained the age of sixteen years. 1.15 Local services must ensure sufficient continuity and co‑ordination of planning and support for each vulnerable young person at risk of harm as they make their individual transitions to adult life and services. ‘Transitions’ may be considered by services to be a ‘handover’ between services, and yet for a young person they are multi-dimensional. Phases of enhanced risk may relate to emotional and relational transitions that occur some time after changes in service, worker or home base. 1.16 Where a young person between the age of 16 and 18 requires support and protection, services will need to consider which legal framework best fits each persons’ needs and circumstances. 1.17 The Mental Health (Care and Treatment) (Scotland) Act 2003 f ollows the Children (Scotland) Act 1995 in defining a child as a person who is under the age of 18. This does not affect a young person’s ability to consent to medical treatment, but this legislation ensures that additional safeguards are in place when a person aged under 18 needs compulsory care and treatment in relation to their mental health. 1.18 The Adults with Incapacity (Scotland) Act 2000 s afeguards people who do not have capacity in relation to making decisions about their welfare and/or finances. This legislation defines ‘adults’ as those who have attained the age of 16.

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