Child Protection Guidance 2021

Part 4: Specific support needs and concerns 154 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.140 Concerns are heightened if there is no explanation for the injuries, explanations shift during assessment, explanations do not fit the injuries, or there are unreasonable delays in seeking treatment. In relation to fractures, no one fracture in isolation is specific for physical abuse. The younger the child, the greater the likelihood of that a fracture is related to abuse. The majority of abused children with fractures are less than 18 months old, whereas most accidental fractures occur in children over five years. Bruising is the most common presenting feature of physical abuse in children. Accidental bruising increases with increased mobility. The presence of bruising in infants who are not independently mobile, including those who are not yet crawling or walking independently, requires thorough investigation, as it is extremely rare for a non-mobile infant to sustain accidental bruising. 4.141 In some instances, despite medical examination, there will be continuing uncertainty about explanations for injuries. 4.142 The need for and nature of any immediate action will relate to considerations including: • the child’s presentation and apparent fears • significance of the injuries • attitude of responsible adults to the injuries • likelihood of contact with a person who may have caused the injuries • contextual information including previous recorded concerns • availability of a safe and responsive parent or carer Equal protection 4.143 The Children (Equal Protection from Assault) (Scotland) Act 2019 ( ‘the 2019 Act’) fully came into force on 7 November 2020, removing the common law defence of ‘reasonable chastisement’. If a parent or carer physically punishes their child they can be prosecuted for assault. (Section 16 of the Standards in Scotland’s Schools etc. Act 2000 effectively ended the use of corporal punishment in schools.) There is a growing body of international evidence showing that physical punishment of children can lead to long-term negative outcomes. 4.144 Physical punishment or physical discipline can take many forms, including (but not limited to) smacking, skelping, spanking and slapping. It is not an offence to restrain a child to protect him/her, or others, from harm. However, as indicated below, restraint can be used in a way that is harmful. 4.145 Awareness and support. Under section 2 of the 2019 Act, the Scottish Ministers must take appropriate steps to promote public awareness and understanding about the effect of the Act. Both statutory and Third Sector agencies have a crucial and collaborative role in raising awareness of the reasons for and consequences of the law; and in promoting access to assistance for parents and carers who need support in managing children’s behaviour and accessing wider sources of support, for example, via the Family Support Directory (or local equivalent); and through helplines such as Children 1st Parentline. 4.146 Police Scotland. The Lord Advocate has issued guidelines to the Chief Constable of Police Scotland on the investigation and reporting of allegations of assaults by parents or carers on children. Those guidelines and prosecutorial policy support a proportionate response to allegations of assaults on children by parents and carers. When appropriate, that response may include the use of recorded police warnings, diversion and other alternatives from prosecution.

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