Child Protection Guidance 2021

Part 4: Specific support needs and concerns 150 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 Learning from lived experience: bridges to safety 4.118 The following features of practice have been associated with safer practice by those consulted in review of this Guidance. • finding a safe way to talk to non-abusing parent in private (away from perpetrator) • ensuring children’s experience and views are given due weight in decision-making, especially about contact • recognising positive steps to protect the child • responding early within universal services, including early referral to specialist domestic abuse services • applying training, experience and supervision that generates an informed understanding of the dynamics of domestic abuse • supporting the non-abusing parent, which in turn supports the child • understanding when a non-abusing parent’s ability to effectively parent has been compromised by the perpetrator’s abuse, and providing support accordingly • recognising and integrating protective factors in safety planning • supporting children in finding an advocate who they trust • being clear about confidentiality, and explaining to children and women what information will and will not be shared about them, why and with whom • being aware of the consequences of sharing information with perpetrators, and taking heed of women’s and children’s fear of reprisal from a perpetrator, especially following separation 4.119 Child abduction in the context of domestic abuse. Section 6 of the Child Abduction Act 1984 creates a criminal offence in Scotland for a person connected with a child under 16 to take or send the child out of the UK without appropriate consent where there is a UK court order in place awarding custody of the child to any person or which makes the child a ward of court or where there is a UK court order in place prohibiting the child’s removal. 4.120 Where no such court order is in place, the parent or person with rights of custody can use civil law under the 1980 Hague Convention on the Civil Aspects of International Child Abduction to seek return of the child, or access rights. Where the country to which the child has been abducted is not a party to the Hague Convention, advice should be sought from the Foreign and Commonwealth Office (FCO). 4.121 A practice insight on this topic has been drafted to illustrate and explain key practice considerations, offer a resource, prompt reflection and signpost selected sources. It can be found in the Practice Insights supporting document alongside this Guidance. Resources and References – Domestic abuse