Child Protection Guidance 2021

National Guidance for Child Protection in Scotland 2021 Part 1: The context for child protection 17 Version 1.0 September 2021 1.64 The reactions, perceptions, wishes and feelings of the child must also be considered, with account taken of their age, language development and level of understanding. This will depend on effective communication, including with those children and young people who find communication difficult because of their age, impairment or particular psychological or social situation. It is important to observe what children do as well as what they say, and to bear in mind that children may experience a strong desire to be loyal to their parents or carers (who may also hold some power over the child). Steps should be taken to ensure that any accounts of adverse experiences given by children are as accurate and complete as possible, and that they are recorded fully. 1.65 Where there is evidence of harm relating to parental behaviour, assessing risk of future significant harm is enhanced by assessment of parental capacity to change. This consists in analysis of what helps and hinders the parents to change their behaviour. It also involves assessment of progress within supported opportunities for parents to resolve key difficulties, within an agreed timescale that relates to the child’s needs. 1.66 Significant harm is not the threshold for referral to the Principal Reporter. The test for referral to the Principal Reporter, in the case of those with a statutory duty (such as, local authority and police) to refer is, namely, that i) the child is in need of protection, guidance, treatment or control, and ii) it might be necessary for a Compulsory Supervision Order to be made. The grounds upon which a child can be referred to a children’s hearing are set out in s67 of the Children’s Hearings (Scotland) Act 2011. They define a broad range of harms or potential harms that might individually or in combination have significant effect, including, for example, exposure to a person who may cause harm, or lack of parental care which may cause unnecessary suffering or serious impairment to health and development. 1.67 A Compulsory Supervision Order may include a secure accommodation authorisation. Although risk of significant harm is not the test for such an order, the threshold for such an order is similarly high. The test is that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child’s physical, mental or moral welfare would be at risk, or that the child is likely to engage in self-harming conduct or likely to cause injury to another person. 1.68 Significant harm is the test for the making of a child protection order in terms of the Children’s Hearings (Scotland) Act (2011). 1.69 Likely significant harm is the test set out in the Children’s Hearings (Scotland) Act 2011 for decisions which can be made in some circumstances, by children’s hearings, Sheriffs and Reporters, not to provide information to a person who would otherwise be entitled to that information. 1.70 Harm is included in relation to conditions for medical examination orders in terms of risk of self-harm (s87 of the 2011 Act) . 1.71 The 2011 Act recognises that ‘serious harm’ (whether physical or not) may occur as a result of a child’s actions towards others. The need to safeguard and promote the welfare of the child throughout childhood is the paramount consideration for a children’s hearing, pre-hearing panel or Sheriff, unless the hearing, pre-hearing panel or Sheriff considers that a decision is necessary for the purpose of protecting members of the public from serious harm (whether physical or not). In such situations, the child’s welfare is ‘a primary’ but not ‘the paramount’ consideration.