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Child Protection
Inter-agency  
Child Protection Procedures
Edinburgh and the Lothians
Edinburgh and the Lothians Inter-agency Child Protection Procedures  3.8.15
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Foreword 6 
Summary of Child Protection Referral 

Key Timescales 
9
Section Contents 
Page
S1 Introduction 
1.1 General ..............................................................................................................................10
1.2 
Status of procedures .........................................................................................................10
1.3 
Maintenance of procedures ...............................................................................................10
1.4 
Public information .............................................................................................................10
1.5 Context .............................................................................................................................. 11
S2 Principles 
2.1 
Overarching principle ........................................................................................................12
2.2 
Joint working .....................................................................................................................12
2.3 
Equality and diversity ........................................................................................................ 13
2.4 Consent ............................................................................................................................. 13
S3 Definitions 
3.1 Child ..................................................................................................................................14
3.2 Parents/Carers ..................................................................................................................14
3.3 Abuse ................................................................................................................................ 15
3.4 
Categories of abuse ........................................................................................................... 15
S4 
Agency roles and responsibilities 
4.1 
Social work ........................................................................................................................ 17
4.2 Police.................................................................................................................................18
4.3 Health ................................................................................................................................18
4.4 Education ..........................................................................................................................18
4.5 
Third sector and other relevant organisations ................................................................... 19
4.6 
Procurator Fiscal ............................................................................................................... 19
4.7 
The Reporter..................................................................................................................... 20
S5 
Child protection referrals 
5.1 General ..............................................................................................................................21
5.2 Advice ...............................................................................................................................21
5.3 
Making a child protection referral......................................................................................21
5.4 
Action to be taken .............................................................................................................21
5.5 
Information sharing .......................................................................................................... 22
5.6 
Information required ........................................................................................................ 22
5.7 
What to expect from the core agencies ............................................................................ 23
5.8 
Initial responses ............................................................................................................... 23
5.9 
Initial questioning............................................................................................................. 24
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S6 
Agency specific procedures 
6.1 
Health staff ....................................................................................................................... 25
6.1(i) Advice ............................................................................................................................... 25
6.2 Police................................................................................................................................ 25
6.3 
Social work and other local authority services (except Education) ................................... 26
6.4 Education ......................................................................................................................... 26 
6.4(i) 
Action for the Designated Member of Staff/Management Team ....................................... 27
6.5 
Third sector ...................................................................................................................... 27
S7 
Inter-agency Referral Discussion (IRD) 
7.1 General ............................................................................................................................. 28
7.2 
Who participates? ............................................................................................................. 28
7.3 Accountability ................................................................................................................... 29
7.4 
Information sharing .......................................................................................................... 29
7.5 
Decision making ............................................................................................................... 30
7.6 
Report to the Child Protection Register..............................................................................31
7.7 
Notification to other agencies/bodies ...............................................................................31
7.8 
Recording of Inter-agency Referral Discussion ..................................................................31
7.9 
Further discussions ...........................................................................................................31
7.10 
Actions from Inter-agency Referral Discussion ................................................................. 32
7.11 
Reporting back ................................................................................................................. 32
7.12 
Review and sign off .......................................................................................................... 33
S8 Consent 
8.1 
Parental consent............................................................................................................... 34
8.2 
Consent of the child .......................................................................................................... 35
8.3 
Inter-agency Referral Discussion (IRD) ............................................................................. 35
8.4 
Reference table ................................................................................................................ 36
S9 
Joint Investigative Interviews (JII) 
9.1 General ............................................................................................................................. 37
9.2 
Purpose of interview ......................................................................................................... 37
9.3 Planning ........................................................................................................................... 38
9.4 
Briefing, debriefing and further actions ............................................................................ 38
9.5 Recording ......................................................................................................................... 39
9.6 
The interviewers ............................................................................................................... 39
9.7 
Preparation for interview .................................................................................................. 40
9.8 
The interview .................................................................................................................... 40
9.9 Consent ............................................................................................................................ 40
9.10 
Competency testing  ..........................................................................................................41
9.11 
Other people present at interview .................................................................................... 42
9.12 
Departure from procedures .............................................................................................. 42 
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S10 
Medical assessment and care of children where child abuse and/or neglect is  
 suspected 
10.1 General ............................................................................................................................. 43
10.2 
Levels of examination ....................................................................................................... 43 
10.2(i)  Comprehensive Medical Assessment (CMA) ..................................................................... 44
10.2(ii)  Joint Paediatric/Forensic (JPF) Examination or specialist paediatric examinations ........... 44
10.3 Timing .............................................................................................................................. 44
10.4 Location ............................................................................................................................ 44
10.5 Chaperones ...................................................................................................................... 45
10.6 Recording ......................................................................................................................... 45
10.7 
Following examination ...................................................................................................... 45
10.8 Reports ............................................................................................................................. 45
10.9 
Ongoing care .................................................................................................................... 46
10.10 
Flowchart for medical assessment of children with suspected abuse or neglect .............. 47
S11 
Child Protection Case Conferences (CPCC) 
11.1 
Purpose of a Child Protection Case Conference ................................................................ 48
11.1(i) 
Pre-birth Child Protection Case Conference ...................................................................... 48
11.1(ii)  Initial Child Protection Case Conference ........................................................................... 48
11.1(iii)  Review Child Protection Case Conference ......................................................................... 49
11.1(iv)  Transfer Child Protection Case Conference ....................................................................... 49
11.2 
When to hold a Child Protection Case Conference ............................................................ 49
11.2(i) General ............................................................................................................................. 49
11.2(ii)  Pre-birth Child Protection Case Conference ...................................................................... 50
11.2(iii)  Initial Child Protection Case Conference ........................................................................... 50
11.2(iv)  Review Child Protection Case Conference ..........................................................................51
11.2(v)  Transfer Child Protection Case Conference ........................................................................51
11.3 
Chair of Child Protection Case Conferences .......................................................................51
11.3(i) General ..............................................................................................................................51
11.3(ii)  Review Child Protection Case Conference ......................................................................... 52
11.3(iii)  Transfer Child Protection Case Conference ....................................................................... 52
11.4 
Provision of reports .......................................................................................................... 52
11.5 Chronologies .................................................................................................................... 53
11.6 
Restricted Access Information (RAI) .................................................................................. 54
11.7 
Preparation for Child Protection Case Conference ............................................................ 54
11.7(i)  Preparation by the Chair ................................................................................................... 54
11.7(ii) Quorum ............................................................................................................................ 55
11.7(iii)  Preparation by invitees ..................................................................................................... 55
11.7(iv)  Preparation by social worker ............................................................................................ 56
11.8 Attendance ....................................................................................................................... 56
11.8(i) General ............................................................................................................................. 56
11.9 
Process of Child Protection Case Conference .................................................................... 57
11.9(i) General ............................................................................................................................. 57
11.10 
Decisions and actions ....................................................................................................... 58
11.11 Recording ......................................................................................................................... 59
11.12 
Disagreement with decisions ............................................................................................ 60 
11.12(i)  Disagreement by professionals ........................................................................................ 60
11.13 
Complaints by parent(s)/carer(s) and/or child ................................................................. 60 
11.13(i) Complaints ....................................................................................................................... 60
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S12 
Core Groups and the Child Protection Plan (CPP) 
12.1 
The Lead Professional  .......................................................................................................61
12.2 
Core Groups ......................................................................................................................61
12.2(i)  Function of Core Groups ....................................................................................................61
12.2(ii) Purpose ............................................................................................................................ 62
12.2(iii) Membership ..................................................................................................................... 62
12.2(iv) Attendance/Conduct ........................................................................................................ 62
12.2(v) Frequency ......................................................................................................................... 63
12.2(vi) Chair ................................................................................................................................. 63
12.2(vii) Recording ......................................................................................................................... 63
12.3 
The Child Protection Plan (CPP) ........................................................................................ 63
12.3(i) General ............................................................................................................................. 63
12.3(ii) Purpose ............................................................................................................................ 63
12.3(iii) Content ............................................................................................................................. 64
12.3(iv) Considerations ................................................................................................................. 64
S13 
The Child Protection Register (CPR) 
65
S14 
Provision of information to the Reporter 
14.1 General ............................................................................................................................. 66
14.2 
Case Conference Referrals to the Reporter ....................................................................... 66
14.3 
Investigation by the Reporter ........................................................................................... 66
14.4 
Decisions by the Reporter ................................................................................................. 67
14.5 
Children’s Hearing ............................................................................................................ 67
14.6 
The Sheriff ........................................................................................................................ 67
14.7 Safeguarder ...................................................................................................................... 68
S15 
Allegations against current or previous employees/carers/volunteers 
15.1 General ............................................................................................................................. 69
15.2 
Historical abuse ................................................................................................................ 70
15.3 Recording ......................................................................................................................... 70
15.4 
Management of staff ........................................................................................................ 70
15.5 
Flowchart: Allegations against current/previous employees/carers/volunteers ...............71
Appendices 
Appendix A - Contact Details ........................................................................................................... 72
Appendix B - Glossary of Terms and abbreviations  ......................................................................... 79
Appendix C - Alerting signs of child abuse and child protection in specific circumstances .............. 82
Appendix D - Military Welfare Services ...........................................................................................107
Appendix E - Legislation and other linked documents .................................................................... 110
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Foreword
Local authorities, NHS Boards and Police Scotland are responsible together for the protection of 
children and adults at risk in their area, and for the assessment and management of risk of harm 
posed by offenders. Chief executives and divisional police commanders ensure the discharge of these 
responsibilities through a variety of multi-agency arrangements, typically Child Protection Committees, 
Violence Against Women Partnerships, Adult Protection Committees and Offender Management 
Committees, which report to local Chief Officer Groups (known in some areas as Critical Services 
Oversight Groups).  On behalf of these chief officers, the Edinburgh, Lothians and Scottish Borders 
Strategic Oversight Group provides strategic leadership and vision across all areas of public protection. 
The five councils, two health boards and Police Scotland divisions covering the Edinburgh, Lothian 
and Borders area, work together wherever possible, demonstrating improved efficiency and shared 
resources. This provides opportunities for synergy and best value. In public protection this approach 
applies to:

multi-agency training

development and review of multi-agency procedures, protocols and guidance

sharing best practice

raising awareness about public protection issues; and

exerting greater influence over national legislation, policy and guidance.
The Inter-agency Child Protection Procedures for Edinburgh and the Lothians are evidence of our 
commitment to deliver high quality services for our children and young people, and to maintain good 
professional standards in doing so. 
Scottish Borders Council and NHS Borders have their own child protection procedures, which can 
be accessed via their Child Protection Committee website:
http://www.onlineborders.org.uk/community/cpc
The Scottish Government has articulated its vision for Scotland’s children in the publication of the 
refreshed National Guidance for Child Protection in Scotland (2014), setting out that all children and 
young people have the right to be cared for and protected from harm and abuse and to grow up in a 
safe environment, in which their rights are respected and their needs met. Children and young people 
should get the help they need, when they need it, and their welfare is always paramount. This document 
reflects the child protection arrangements set out in national guidance.
Child protection has to be seen in the context of national drivers and policies, including: Early Years 
Framework (2009); Getting it right for every child (GIRFEC); How Well Do We Protect Children and Meet 
Their Needs? (HMIE 2009); and How well are we improving the lives of children, young people and 
families? A guide to evaluating services for children and young people using quality indicators (Care 
Inspectorate, 2012).
This document provides the procedures and processes to be followed by all services in dealing 
with child protection concerns. The procedures reflect our collective commitment to inter-agency 
collaboration and joint responsibility in this vitally important area of work. They are mandatory for all 
staff from all agencies.
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For children, young people and their families, these procedures articulate what can be expected from 
the professionals who have a responsibility for their protection. They set out how children and their 
parents or carers will be consulted, receive help and support in a timely manner, and be treated and kept 
informed of decisions concerning them. People can expect professionals to work effectively and jointly, 
sharing information with each other when it is necessary to ensure the protection and welfare of children 
and young people.
By working in this way, we can be more confident that our individual and collective efforts will become 
even more effective in protecting our children and young people across Edinburgh and the Lothians.
Evaluation and revision of these procedures are essential and will be undertaken when necessary to 
ensure best practice and the incorporation of changes in legislation, policy and guidance.
Edinburgh, the Lothians and Scottish Borders Strategic Oversight Group (ELBSOG) 
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Summary of child protection referral
Concern(s) raised 
Anyone: Includes family 
members, members of the 
public and practitioners
Does the situation need an 
immediate response to protect 
the child?
Police 
Information sharing/gathering 
Health 
Social Work
Police use 
SW seeks 
Other agencies/
their powers 
Child 
organisation
to remove the 
Protection 
child 
Order 
Child Protection Issue
Police 
Inter-agency Referral Discussion 
Social Work 
Health
(IRD)
No further action needed under 
child protection, but may require 
other support or intervention
Police 
Planning / Interim Safety Plan
Social Work 
Health 
Other relevant agencies
Action agreed by key agencies 
could include the need for a 
medical examination; Joint 
Investigative Interview
Child Protection Case Conference
Child Protection Plan
Implementation by Core Group
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Key Timescales
The child protection case conference should take place no later than at 28 weeks of 
pregnancy
 or, in the case of late notification of pregnancy, as soon as possible after the 
notification of concern and in any case within 21 calendar days. Where it has not been 
possible to hold a pre-birth child protection case conference prior to birth, an initial child 
Pre-birth Child Protection 
protection case conference must take place prior to the baby’s discharge from hospital.
Case Conference
Where a pre-birth child protection case conference has taken place, and the child’s name 
has been placed on the child protection register, the review child protection case conference 
will take place 21 calendar days after birth, not after registration.
Notification  of concern 
The initial child protection case conference should be held as soon as practicable and no 
to initial Child Protection 
later than 21 calendar days from the notification of concern.
Case Conference
Participants should be given a minimum of five calendar days notice of the decision to 
Invitations
convene a child protection case conference whenever possible.
Where possible reports will be submitted ten calendar days prior to the child protection 
Reports
case conference (except where the notice of invitation or urgent need for a child protection 
case conference does not permit this).
The first review child protection case conference should be held within three months of the 
Review Child Protection 
initial child protection case conference. Thereafter, reviews should take place six monthly or 
Case Conference
earlier if circumstances change.
Where a child and their family move from one authority to another and the child’s name is on 
Transfer Child Protection 
the child protection register, a transfer child protection case conference will be held within 
Case Conference
21 calendar days.
The initial core group meeting should be held within 15 calendar days of the initial child 
Core Group
protection case conference.
Record of key decisions 
Within one day of the meeting, the chair should produce a record of key decisions and 
and agreed tasks agreed 
agreed tasks and distribute this to invitees as well as attendees of child protection case 
at Child Protection Case 
conference. 
Conference
Participants should receive a copy of the agreed child protection plan within five calendar 
Child Protection Plan
days of the child protection case conference.
Participants should receive a copy of the minutes within 15 calendar days of the child 
Minutes
protection case conference. 
Invitees will raise any issue of accuracy of the minute with the chair of the child protection 
Accuracy of the minute
case conference within 15 calendar days of the date of the child protection case conference.
Where a core group identifies the need to make significant changes to the child protection 
Changes to the Child 
plan, they should notify the chair of the child protection case conference within three 
Protection Plan
calendar days. 
Referral to the Children’s 
The person nominated by the child protection case conference to submit a referral to the 
Reporter
Children’s Reporter will do so within ten calendar days.
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1. Introduction
1.1 General 
The National Guidance for Child Protection in Scotland (2014) is explicit that everyone in Scottish society 
has an important part to play in preventing the abuse and neglect of children and young people, and in 
responding to any situation where they think a child may be at risk of abuse or harm.
The Scottish Government’s vision for Scotland’s children is called ‘Getting it right for every child’ 
(GIRFEC) and threads through all existing policy, practice, strategy and legislation affecting children, 
young people and families. It impacts on all services for children: building from universal services, 
providing early intervention and crisis intervention and thereby streamlining process to support best 
practice and outcomes for children.
‘Getting it right for children and families affected by parental problem alcohol and drug use’: Guidance 
for Agencies in Edinburgh and the Lothians sets out best practice for professionals working with families 
where drugs and/or alcohol are issues, and complies with these procedures.
1.2 Status of procedures
These procedures direct professionals in their responsibilities and action(s) in dealing with concerns 
about the safety and wellbeing of children. 
 
Each set of circumstances is different and needs to be considered on its own merits. These procedures 
seek to support appropriate professional judgement. Experienced practitioners and managers may, on 
occasion, determine a course of action, which, for the welfare of the child, differs from that required by 
these procedures. 
 
Child Protection Committees/Public Protection Committees should be advised, through exception 
reporting, of the circumstances of non-compliance, where this arises and suitable alternatives to secure 
good outcomes for children must be in place.  
On the rare occasions when this might be the case, there must be joint agreement with partner 
agencies. The reason for this, and who made the decision, must be recorded in detail. 
Agencies and groups who provide services to children and families across Edinburgh and the Lothians, 
and who produce their own internal procedures or guidance relating to child protection, must ensure 
that they comply with these procedures.
1.3 Maintenance of procedures
These procedures will be reviewed, as determined by Child Protection Committee/Public Protection 
Committee, to incorporate developing national guidance and best practice. 
1.4 Public information
Anyone who has concerns about the safety or welfare of a child (or children) should, without delay, 
contact the local authority social work services or Police Scotland (see Appendix A for contact details). 
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Members of the public may prefer to contact a health professional to pass on their concerns. Where this 
is the case, the health service professional will contact one of the core agencies: social work services, 
Police or the Health Professional on call for child protection, following which, information will be shared 
through an Inter-agency Referral Discussion (IRD).   
Public information is available from the agencies responsible for child protection.
1.5 Context 
These procedures have been developed in accordance with: 
 
•  The United Nations Convention on the Rights of the Child; 
 
•  The European Convention on Human Rights; 
•  Protecting Children and Young People: The Charter (Scottish Executive, 2004); 
 
•  Protecting Children and Young People: Framework for Standards (Scottish Executive, 2004); 
 
•  The Children (Scotland) Act, 1995 and other relevant legislation; 
 
•  Public Inquiry reports;
•  Learning from Significant Case Reviews;
•  National Guidance for Child Protection in Scotland (2014); 
•  Getting it right for every child (GIRFEC); 
•  Under-age Sexual Activity: Meeting the needs of Children and Young People and Identifying Child 
Protection concerns (Scottish Government, 2010); 
•  Under-age Sexual Activity Guidance for practitioners (ELBEG, 2011); 
 
•  Getting it right for children & families affected by parental problem alcohol & drug use (2013 )
(hereafter referred to as CAPSM); 
•  National Guidance on Joint Investigative Interviewing of Child Witnesses in Scotland (Scottish 
Government, 2011);
•  The Children’s Hearing (Scotland) Act 2011;
•  The Victim and Witnesses (Scotland) Act 2014;
•  The Children and Young Person (Scotland) Act 2014. 
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2. Principles
2.1 Overarching principle: The welfare of the child is paramount 
These procedures set out what agencies will do when children or young people may be at risk of abuse 
or neglect or have been harmed. The protection and wellbeing of the child must remain at the heart of all 
considerations and decisions. Professionals must constantly demonstrate this throughout their planning 
and actions. 
 
Professionals must consider the child who is the subject of the referral, but must also consider the 
safety and wellbeing of any other child who may be at risk of harm. 
 
Vulnerability is ‘contextual’ and needs to be balanced against risk and protective factors on a case-
by-case basis. Actions to protect children must be proportionate to the available information and 
circumstances, and must not cause the child avoidable distress or difficulty. To assist practitioners, the 
National Risk Framework 2012 supports the assessment of children and young people.
http://scotgov.publishingthefuture.info/publication/national-risk-framework-to-support-the-
assessment-of-children-and-young-people.  
 
Children should be given the opportunity to express their views, if they wish, on matters affecting them, 
and professionals need to consider these views in arriving at decisions. 
2.2 Joint working 
Child protection is not the responsibility of any single agency. Professionals working with children are 
required to work together to share information, assess needs and risks, and plan and deliver services 
jointly in a co-ordinated manner. In doing so, professionals can reduce the risk of harm to children and 
also promote their welfare. 
Measures to protect children need to be considered in view of the wider range of support services that 
are already provided to meet the needs of children and parents/carers. Child protection investigations 
may identify gaps in services for children, parents or carers, even if it is established that there is no risk 
of significant harm. Where this is the case, the principles of Getting it right for every child should be 
followed to identify need and to secure appropriate services. Getting it right for every child principles 
promote action to improve the wellbeing of all children, and state that children and young people must 
be healthy, achieving, nurtured, active, respected, responsible, included and safe. 
For further information see http://www.gov.scot/Topics/People/Young-People/gettingitright.  
Professionals can help to achieve better outcomes for children by ensuring that the plans to protect the 
child are based upon wide-ranging inter-agency assessments. This must include the parents’ capacity to 
care for the child, along with their family circumstances.
Sharing information is essential to child protection. Scottish Government and agency expectations are 
explicit:
‘Where there is reasonable cause to suspect or believe that a child may be at risk of harm, this will 
always override a professional or agency requirement to keep information confidential’.

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The basis for information sharing can be found in:
•  A Practitioner Guide to Information Sharing, Confidentiality and Consent to Support Children and Young 
People’s Wellbeing: Edinburgh and Lothians (2014).
•  National Guidance for Child Protection in Scotland (2014); 
•  The United Nations Convention on the Rights of the Child; 
•  Getting it right for every child (GIRFEC); 
•  Under-age Sexual Activity: Meeting the needs of Children and Young People and Identifying Child 
Protection Concerns (Scottish Government, 2010); 
•  Children Affected by Parental Substance Misuse (CAPSM);  
 
•  The European Convention on Human Rights;  
•  The Data Protection Act 1998.
‘The safety, welfare and wellbeing of a child are of central importance when making decisions to lawfully share 
information with or about them’
 National Guidance for Child Protection in Scotland (2014).
2.3 Equality and diversity 
Children and young people have a wide variety of needs and characteristics, which may require special 
consideration. 
These include age, race, ethnicity, religion, culture, sexual orientation, ability and social difference. It is vitally 
important that the diverse needs of children and young people are considered explicitly when making decisions 
regarding their care and protection. 
 
Access to, and delivery of, child protection services should be fair, consistent, reliable and focused on 
individual outcomes and enablement. Service users should be listened to, respected and responded to. There 
should be no discrimination on the grounds of race, disability, gender change, age, sexual orientation, religion 
or belief, gender reassignment or on the basis of pregnancy and maternity status. 
The Equality Act (2010) restates, streamlines and harmonises equality legislation. It replaces a number of acts, 
including the Race Relations Act 1976, the Sex Discrimination Act 1975 and the Disability Discrimination Act 
1995. 
All communication with children and/or families must be appropriate to their level of understanding. 
Professionals must ensure their decision making is explicit and clearly recorded when considering issues of 
diversity.
2.4 Consent 
Professionals should, wherever possible, engage with parent(s)/carer(s) to gain their full co-operation in 
decisions regarding protecting children. There will, however, be circumstances where consent is refused or 
where attempts to obtain consent could cause further risk to a child. These circumstances must never be 
allowed to endanger a child. 
A fuller explanation of consent issues is detailed within Section 8 of these procedures. 
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3. Definitions
A further glossary of terms is available in Appendix B.
 
3.1 Child 
For the purposes of these procedures all references to children and young people mean: 
•  A person under 16 years of age 
 
Where a young person between the age of 16 and 18 requires protection, services will need to consider 
which legislation or policy, if any, can be applied. This will depend on the young person’s individual 
circumstances as well as on the particular legislation or policy framework. The Children and Young People 
(Scotland) Act 2014 states that for 16 and 17 year olds all child or adult protection interventions will be 
managed through the statutory single Child’s Plan. Special consideration will need to be given to the 
issue of consent and whether an intervention can be undertaken where a young person has withheld their 
consent. The priority is to ensure that a vulnerable young person who is, or may be, at risk of significant 
harm is offered support and protection.
3.2 Parents/Carers 
A ‘parent’ is defined as someone who is the genetic or adoptive mother or father of the child. A child may 
also have a parent by virtue of provisions in the Human Fertilisation and Embryology Act 2008. A mother 
has full parental rights and responsibilities. A father has parental rights and responsibilities if he is or 
was married to the mother at the time of the child’s conception or subsequently, or if the child’s birth has 
been registered after 4 May 2006 and he has been registered as the father of the child on the child’s birth 
certificate. A father or, where relevant, a second female parent by virtue of the Human Fertilisation and 
Embryology Act 2008, may also acquire parental responsibilities or rights under the Children (Scotland) 
Act 1995 by entering into a formal agreement with the mother or by making an application to the courts.
Parental rights are necessary to allow a parent to fulfil their responsibilities, which include looking after 
their child’s health, development and welfare, providing guidance to their child, maintaining regular 
contact with their child if they do not live with them and acting as their child’s legal representative. In 
order to fulfil these responsibilities, parental rights include the right to have their child live with them and 
to decide how their child is brought up.
A ‘carer’ is someone other than a parent who has rights/responsibilities for looking after a child or young 
person. ‘Relevant persons’ have extensive rights within the children’s hearing system, including the right 
to attend Children’s Hearings, receive all relevant documentation and challenge decisions taken within 
those proceedings. A carer may be a ‘relevant person’ within the children’s hearing system.
A ‘kinship carer’ may be a person who is related to the child by blood, marriage or civil partnership or a 
person who is known to the child and with whom the child has a pre-existing relationship. 
Kinship care placements of looked after children made under the 2009 Regulations are often referred to 
as formal kinship care arrangements. Informal kinship care refers to care arrangements made by parents 
or those with parental responsibilities with close relatives or, in the case of orphaned or abandoned 
children, by those relatives providing care. A child cared for by informal kinship carers is not ‘looked 
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after’. The carer in such circumstances is not a foster carer, nor is assessment of such a carer by the local 
authority a legal requirement.
Private fostering refers to children placed by private arrangement with persons who are not close 
relatives. ‘Close relative’ in this context means mother, father, brother, sister, uncle, aunt, grandparent, 
of full blood or half blood or by marriage. Where the child’s parents have never married, the term will 
include the birth father and any person who would have been defined as a relative had the parents been 
married.
3.3 Abuse
Abuse and neglect are forms of maltreatment of a child. A person may abuse or neglect a child by 
inflicting, or by failing to prevent, harm to the child.
There are varied settings in which abuse can occur, e.g. in the home, in institutional settings, 
online, encounters with strangers, child trafficking, child sexual exploitation, children cared for or 
accommodated, etc. While the setting in which abuse occurs may require special consideration, and 
professionals should demonstrate and record that they do so, all suspected abuse must be addressed 
primarily as a child protection matter. Children who abuse other children present particular challenges 
for professionals. In such circumstances any local procedures/protocols should be consulted in 
conjunction with these procedures. (See Appendix C for more detailed information).
3.4 Types of abuse
Physical abuse
Physical abuse is the causing of physical harm to a child or young person. Physical abuse may involve 
hitting, shaking, throwing, poisoning, burning or scalding, drowning or suffocating. Physical harm may 
also be caused when a parent or carer feigns the symptoms of, or deliberately causes, ill health to a 
child they are looking after. For further information, see the section on fabricated or induced
illness.
Emotional abuse
Emotional abuse is persistent emotional neglect or ill treatment that has severe and persistent adverse 
effects on a child’s emotional development. It may involve conveying to a child that they are worthless 
or unloved, inadequate or valued only insofar as they meet the needs of another person. It may involve 
the imposition of age, or developmentally inappropriate expectations on a child. It may involve
causing children to feel frightened or in danger, or exploiting or corrupting children.
Some level of emotional abuse is present in all types of ill treatment of a child; it can also occur 
independently of other forms of abuse.
Sexual abuse
Sexual abuse is any act that involves the child in any activity for the sexual gratification of another 
person, whether or not it is claimed that the child either consented or assented. Sexual abuse involves 
forcing or enticing a child to take part in sexual activities, whether or not the child is aware of what is 
happening. The activities may involve physical contact, including penetrative or non-penetrative acts.
They may include non-contact activities, such as involving children in looking at, or in the production of 
indecent images or in watching sexual activities, using sexual language towards a child or encouraging 
children to behave in sexually inappropriate ways (see also section on child sexual exploitation).
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Neglect
Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to 
result in the serious impairment of the child’s health or development. It may involve a parent or carer 
failing to provide adequate food, shelter and clothing, to protect a child from physical harm or danger, or 
to ensure access to appropriate medical care or treatment.
 It may also include neglect of, or failure to respond to, a child’s basic emotional needs. Neglect may 
also result in the child being diagnosed as suffering from ‘non-organic failure to thrive’, where they have 
significantly failed to reach normal weight and growth or development milestones and where physical 
and genetic reasons have been medically eliminated. In its extreme form children can be at serious risk 
from the effects of malnutrition, lack of nurturing and stimulation. This can lead to serious long-term 
effects such as greater susceptibility to serious childhood illnesses and reduction in potential stature. 
With young children in particular, the consequences may be life-threatening within a relatively short 
period of time.
 
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4. Agency roles and responsibilities
4.1 Social work 
Child protection responsibilities apply to all services of the local authority, which has a legal duty, 
[under the Children (Scotland) Act 1995] to safeguard and promote the welfare of children in need and 
to enquire into the circumstances of children and young people who may need compulsory measures 
of supervision, who may have been abused or neglected or be at risk of abuse or neglect, and to take 
all measures to protect them from further harm. This responsibility extends to all children, whether 
they are in the community with their parents, in the care of others or being looked after by the local 
authority. 
Social work services undertake a key role in the investigation of child protection enquiries. These 
measures include referring the child to the Reporter where there is reason to believe that the child may 
be in need of compulsory measures of supervision. 
 
In every case, social work services seek to involve parents, carers, and where appropriate, the child 
actively in discussions and decisions that may affect their lives. They will also consult with other 
professional agencies that know the family, or have an interest in the case.
Where a child protection referral is received and a decision is made during inter-agency referral 
discussion (see Section 7) to hold a child protection case conference (see Section 11), social work 
services will organise this. All those involved, including the parents and where appropriate the child, will 
be invited.  
In most cases children can continue to be cared for safely by immediate or extended family. In some 
situations it may be necessary to seek the authority of a court to impose a statutory order for the 
protection of the child.  
The decision to place a child’s name on the child protection register will be taken by the child protection 
case conference when there are reasonable grounds to believe or suspect that child has suffered or will 
suffer significant harm from abuse or neglect, and that a child protection plan is needed to protect and 
support the child. 
Social work services’ responsibilities include the identification and assessment of risk, monitoring 
and support of children at risk of abuse and the provision of services to enable children and families to 
overcome the effects of abuse.  
Social work services are available in a number of community and hospital units. In addition, emergency 
services or out of hours social work services are available in the evening, at weekends and during public 
holidays to respond to referrals (see Appendix A for contact details).  
Social work services operate an Open Access policy, and the minutes of child protection case 
conferences (with the exception of restricted access information) will usually be made available to 
parents. Information is only restricted when it is about a third party or it is considered that certain 
details, if revealed, would place the child or others at greater risk, or compromise any criminal 
investigation or prosecution.
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4.2 Police 
In cases of child abuse, a criminal offence may have been committed. The police have a statutory duty to 
investigate the circumstances and to report the facts to the Procurator Fiscal. This duty is always balanced 
with the fact that the welfare of the child is paramount. Whenever there is a suspicion that a crime or offence 
has been committed against a child, or is still being committed, the police should be informed immediately. 
There is a distinction between the investigative role of the police and any decision to prosecute individuals, 
which is the remit of the Procurator Fiscal. Police involvement does not automatically result in an alleged 
offender going to court.
The police will share information and consult as part of an inter-agency assessment to determine whether 
the matter is a child protection concern, and if so, will share information with other core agencies, health and 
social work, as part of the inter-agency referral discussion and will attend child protection case conferences. 
Where the police have reasonable cause to believe that a child may be in need of compulsory measures 
of supervision they will pass information to the Reporter, whether or not there are grounds for criminal 
prosecution.
4.3 Health 
 
Health staff may have dealings with parent(s)/carer(s) of children in circumstances which suggest the child 
may be at risk. Health professionals offer children and their families a comprehensive assessment, which 
satisfies both the child’s clinical needs and also any forensic requirements. The health service also offers 
ongoing physical and psychological health care for the abused child. 
Health professionals are often the first to be alerted to cases of child abuse, particularly in suspected cases of 
physical abuse and neglect.  
Health staff are committed to protecting children from abuse by identifying children at risk, actively 
participating in the inter-agency process of dealing with cases of suspected or actual abuse, attending child 
protection case conferences and providing child-centred care that is suited to each child’s requirements.  
NHS Lothian has developed Child Protection Procedures for health care professionals, which supplement 
these procedures. Health care professionals can access the NHS Lothian Child Protection Procedures from 
their intranet. 
4.4 Education 
All education staff have important roles in protecting children from abuse and neglect and in identifying 
children who may be at risk of abuse. Managers have a responsibility to keep staff informed and updated on 
child protection policy and procedures. 
Attendance at and participation in child protection case conferences are the responsibility of appropriate 
education staff who are likely to have knowledge of the child on a daily basis. 
Community Education Services employ youth and children’s workers who also provide support to children 
and young people in a variety of different settings. Children and young people can seek advice and guidance 
from staff on issues of a personal nature, including abuse.  Community Education staff also have an important 
role in identifying, monitoring and supporting children and young people where child abuse is a concern, and 
reporting any suspected abuse.
 
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4.5 Third sector and other relevant organisations  
The third sector is made up of various types of organisations, which are non-governmental. It 
encompasses voluntary and community organisations, charities, social enterprises, co-operatives and 
mutuals, both large and small. This is not an exhaustive list and further information can be found in the 
National Guidance for Child Protection in Scotland (2014). 
The third sector plays a significant role in engaging with and improving outcomes for children and young 
people who are vulnerable or disadvantaged for a wide range of reasons, including poverty, neglect and 
disability. Voluntary organisations are often in an ideal position to win the trust and confidence of those 
children and families who are suspicious of statutory interventions. 
Many organisations will have direct or indirect engagement with children, young people and parents, 
even if this is not their principal activity. Providers of services to adults, e.g. in relation to housing/
tenancy support, mental health, disability, drug and alcohol abuse, may become concerned about 
children within a family, without necessarily having seen the children. 
It is expected that organisations and individuals providing childcare or related services will fulfil their 
responsibilities in line with the principles and practice outlined in these procedures. 
 
Where any member of staff of a voluntary or private sector organisation becomes aware, or suspects, 
that a child is being abused or has been the victim of abuse, they must report this matter to one of the 
core agencies (health, police, social work services) without delay.
When dealing with cases of abuse/suspected abuse, any organisation must seek advice from one of the 
core agencies before informing parent(s)/carer(s) to ensure that the safety of the child is paramount and 
any investigations are not compromised. It is appreciated that as these organisations work closely with 
children and families, such actions may prove challenging, but the interests and safety of the child must 
take precedence.
The voluntary and private sectors may be faced with situations that are ambiguous or uncertain, 
and that those working in this context may be reluctant to alienate their clients or to be seen to 
be overreacting. The interests of individual children and their safety must be put before such 
considerations. Organisations and individuals are encouraged to hold general discussions on child 
protection matters, including relevant training and consultation, with appropriate staff in the statutory 
agencies. 
They should also have their own detailed internal procedures in place relating to child protection 
matters, which reflect the arrangements and principles contained in these procedures. Advice on 
preparing internal child protection policies is available from local Child Protection/Public Protection 
Committees (see Appendix A for contact details). 
4.6 Procurator Fiscal  
The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the investigation and 
prosecution of crime in Scotland, the investigation of sudden or suspicious deaths and complaints 
against the police. 
In child protection matters the police carry out an initial criminal investigation and submit a report to 
the local Procurator Fiscal. The Procurator Fiscal considers this report and decides whether criminal 
proceedings should take place. 
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This decision is taken in the public interest. The Procurator Fiscal will consider whether there is enough 
evidence in the case. Where there is enough evidence, the Procurator Fiscal will consider a number of 
additional factors when deciding whether criminal proceedings should take place. These include: the 
seriousness of the offence; the length of time since the offence took place; the interests of the victim 
and other witnesses; the age of the offender; any previous convictions and other relevant factors; local 
community interests or general public concern and any other factors at his/her discretion according to the 
facts and circumstances of the case.  
The provisions of the Vulnerable Witnesses (Scotland) Act 2014 apply to any child or vulnerable adult 
cited to appear in any court proceedings. The Act seeks to improve the support available for victims and 
witnesses in court proceedings. Victims and witnesses will have the right to obtain information about 
what is happening in their cases; their safety ensured and should be able to access appropriate support to 
participate effectively in proceedings. 
If there is sufficient evidence, the Procurator Fiscal will then decide what action is appropriate, e.g. to 
prosecute in court, offer a direct measure or to take no action in the case.  
In cases considered by a jury, the Procurator Fiscal may interview witnesses, and gather and review the 
forensic and other evidence before a decision to prosecute is taken. She/he will then make a report to 
Crown Counsel, senior High Court prosecutors based at the Crown Office in Edinburgh, to take the decision 
on whether to prosecute. 
Where a Procurator Fiscal decides to take no criminal proceedings in a case, the victim can ask for an 
explanation of the decision. 
4.7 The Reporter 
The Reporter is an independent official employed by the Scottish Children’s Reporter Administration 
(SCRA). They have the responsibility to receive referrals and make decisions as to whether there are 
grounds for any child to be referred to a children’s hearing (further details of their responsibilities can be 
found in Section 15).
For grounds of referral see Section 67 (2) The Children’s Hearing (Scotland) Act 2011. For further 
information see http://www.legislation.gov.uk/asp/2011/1/contents.
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5. Child protection referrals 
5.1 General
Incidents of suspected abuse can arise in a variety of ways, including a report by the child, observation of 
the child and/or carer and through information from another child, person or agency. Concerns might also 
be expressed by letter, telephone call and/or e-mail and can be with or without the informant’s identity. 
5.2 Advice 
The core agencies (health, social work services and police) encourage professionals, carers and the wider 
public to contact them for advice and guidance on any concerns that they may have regarding children. 
If the concern relates to a specific child or children, details of the family will be required to ensure that all 
information is considered before advice is given.
5.3 Making a child protection referral 
A child protection referral is the process by which anyone who knows or suspects that a child has suffered, 
is suffering or is at risk of abuse (see Section 3), notifies one or more of the core agencies. 
It is the role of these agencies to assess the situation, investigate where necessary and ensure the help the 
child needs is provided, when they need it.  
Every person who knows or suspects that a child has suffered, is suffering or is at risk of abuse must make 
a child protection referral without delay.
No child should be exposed to danger where someone knew of that danger and it is everyone’s 
responsibility to ensure that agencies responsible for the protection of children are informed without delay. 
  
5.4 Action to be taken 
For professionals working with children in any capacity, the employing agency or group will have a child 
protection policy that will comply with these Inter-agency Child Protection Procedures. 
Employees or volunteers should always familiarise themselves with their agency’s child protection policy. 
The policy may identify a ‘responsible person’, ‘child protection advisor’ or ‘designated member of staff’ 
who can be contacted within the organisation for guidance. He/she will listen to concerns and give advice 
on what action needs to be taken. 
 
In appropriate situations, ‘responsible person’ will recommend referring the matter to one of the core 
agencies. 
Where such a ‘responsible person’ or senior member of staff is not available for consultation, the member 
of staff must not delay but should contact agencies directly. 
If concerns continue, despite the reassurances of a more senior member of staff, a direct referral to one of 
the core agencies should be made by the member of staff.  
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5.5 Information sharing
Sharing appropriate information is an essential component of child protection to secure the best 
outcomes for children. Anyone who has concerns about the safety of a child(ren) should, without delay, 
contact one of the core agencies.
Practitioners need to understand when it is appropriate to seek or share information, how much 
information to share and what to do with that information. They also need to consider from and with 
whom information can, and should, be sought and/or shared. This applies not only between different 
agencies, but also within agencies.
Information-sharing for child protection: general principles
•  The wellbeing of a child is of central importance when making decisions to share information with or 
about them lawfully;
•  Children have a right to express their views and have them taken into account when decisions are 
made about what should happen to them;
•  At all times, information shared should be relevant, necessary and proportionate to the circumstances 
of the child, and limited to those who need to know;
•  The reasons why information needs to be shared and particular actions taken should be 
communicated openly and honestly with children and, where appropriate, their families.
5.6 Information required
Where only some information is known, referral should not be delayed. 
Prompt referral of concerns to the core agencies can reduce the likelihood of harm to a child significantly. 
The following information should be passed to the core agencies when making a referral:
•  Why there are concerns; 
 
•  Whether it is believed that the child is in imminent danger; 
 
•  Whether there are any other children who may also be at risk; 
 
•  Name, designation and name of agency, along with contact details, of the person making the referral; 
 
•  The child’s full name, age, date of birth and address; 
 
•  Any specific identifier known (such as a case or reference number); 
 
•  Any adults who have care of the child;  
•  Who it is thought may have harmed the child or may pose a risk to them, why this is so and when it 
may have happened; 
 
•  The name of the person receiving the referral in the relevant core agency should always be requested 
and a record of this kept.
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5.7 What to expect from the core agencies 
Where a referral is received by any of the core agencies they will carry out an initial assessment of the 
information. Where the information indicates a very low level of concern, the matter may be diverted for 
appropriate action. Where it is deemed to relate to a child protection matter, they will apply the 
Inter-agency Child Protection Procedures. 
The core agencies undertake to:  
•  Jointly assess the situation and decide how best to progress the matter, with the welfare of the child 
being paramount;
•  Treat every referral seriously, gather all of the information available to them, assess and analyse 
this jointly and make decisions based upon such information; 
•  Identify a professional from one of the core agencies, who will be responsible for providing feedback 
to the referrer regarding what action has been taken as a result of their concerns and a timescale for 
doing so. This is particularly important where the referrer, or their organisation, continues to have 
ongoing contact with the child and/or family. Where this is the case, the identified professional will 
also clarify what the ongoing role of the referrer or organisation will be and make clear what informa-
tion may or may not be passed to the child/family;
•  Except in cases of immediate urgency, the core agencies will not enter independently into any course 
of action without consultation with partner agencies. 
5.8 Initial responses 
The initial response of staff to any suspicion of abuse is critical:
•  No guarantee of confidentiality can be given to the child or person raising the concern. They will be 
informed that, as a minimum, the matter must be recorded and will be discussed with other staff 
with responsibility for child protection; 
•  Initial questioning must be limited to establishing basic facts (see Section 5.9); 
•  Staff will not introduce personal experiences of abuse or those of others; 
•  The matter must be immediately referred to the member of staff with responsibility for child 
protection or, in their absence, a senior member of staff; 
•  Where no such person or senior member of staff is available, staff must (without delay) refer the 
matter directly to one or more of the core agencies;  
•  If suspicions arise because of something a child has said, the member of staff will record the facts 
as accurately as possible using, the child’s own words, noting questions asked of the child and 
responses obtained. This will be signed and dated on the same day and a copy retained; 
•  Staff will record the time and date they pass their concerns to the member of staff with responsibility 
for child protection/senior staff member;Staff will record the time and date of any referral made to 
one of the core agencies, any decisions/advice and the time of any response from the core agency;
•  The member of staff will ensure the security of any records kept.
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5.9 Initial questioning 
Anyone who receives a report of possible abuse directly from a child or observes circumstances, which cause 
them concern may try to establish the basic facts before referring the matter further. It is critical that this initial 
fact finding does not influence what the child says, therefore the following strict guidance is given in regard to 
the initial questioning  of children.  
•  Only ask sufficient questions to gain basic information;
•  Take the disclosure seriously and offer support;
•  Avoid leading questions;
•  Use open-ended questions.
To establish..
You could ask
Don’t ask
What
What happened?
Did he/she .....?
Did he/she come to your 
Where
Where did it happen?
bedroom?
Did daddy/baby-sitter/John 
Who
Who did it?
do it?
When
When did it happen?
Did it happen last night?
Avoid these questions, they require judgement from the child 
How/Why
and may induce self blame
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6. Agency specific procedures 
The following represent the procedures that are to be followed within key agencies for dealing with 
reports of and concerns about abuse and the routes for making and passing on child protection 
referrals. 
6.1 Health staff 
Health staff have direct contact with children or involvement with parent(s), carer(s) or other family 
members in many situations that can give rise to concerns regarding the safety and wellbeing of 
children through abuse, lack of provision of effective care or where an individual’s circumstances impact 
negatively on children. 
Where health staff suspect that a child is being, has been or is at risk of abuse, they must act on these 
concerns: 
•  Concerns should be passed to the Paediatrician on-call for Child Protection or Child Protection 
Advisor. This service is available 24 hours a day; 
•  While it may be appropriate to pass concerns through line managers, they must be clear that they 
will not act as filters but rather ensure all available information is collated before always passing 
the matter to the appropriate Paediatrician or Child Protection Advisor who will initiate Inter-agency 
Referral Discussions; 
•  Staff may also believe that it is more appropriate to contact one of the other core agencies 
dependent upon the circumstances of their concern e.g. immediate concerns for the child’s safety, or 
their own safety or a concern relating to an adult. 
6.1 (i) Advice 
Where health service staff require advice about a possible child protection matter they should contact 
the Paediatrician on-call for Child Protection or the Child Protection Advisor for their area (see Appendix 
A for contact details). 
6.2 Police 
•  In cases where the risk to a child is immediate, police officers have powers to take emergency action 
to protect children [Children (Scotland) Act 1995, Section 61(5), reproduced in Appendix E] S.56(1) - 
The Children’s Hearing (Scotland) Act 2011.] 
•  Circumstances may arise where officers would not be justified in taking emergency action but the 
cause of concern is serious enough to merit urgent action. In these circumstances, officers will 
pass their concerns verbally to the Public Protection Unit, or where not available, to the police Duty 
Inspector, for urgent consideration of initiation of an Inter-agency Referral Discussion.  
•  Officers and police staff should contact their local Public Protection Unit for advice regarding child 
protection matters (see Appendix A for contact details). 
Where Public Protection Unit or supervisory officers are not available, staff must contact one of the 
other core agencies directly to share their concerns.  
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•  Where members of police staff have contact with children, their families/carers or other individuals 
that give rise to concerns regarding the safety or wellbeing of children - but where the need is not 
immediate or urgent, the circumstances must still be referred. 
Police Scotland procedures should be followed regarding the submission of a referral.
6.3 Social work and other local authority services (except Education) 
Local authorities employ a wide range of staff who deal directly with children, their parent(s), carer(s), 
families and other individuals, in a variety of circumstances. 
•  Any member of staff who, through contact with children or other individuals, has concerns for the 
safety or wellbeing of a child or for the level of care being provided for a child, must act on these 
concerns. 
•  The normal route for this is to contact the duty service or social work service (see Appendix A 
for contact details). It may be appropriate to express concerns through line management. Line 
managers must be clear that their responsibility is to ensure all available information is quickly 
collated and passed on to the social work service. They should not act as filters by deciding 
whether or not to pass on concerns.  
•  Where a member of staff is unable to contact a line manager or social work service they must, 
without delay, contact one of the other core agencies directly.  
•  All staff can contact their local social work services for advice about child protection matters (see 
Appendix A for contact details). 
6.4 Education 
Members of staff in education establishments are well placed to receive reports of abuse or to observe 
matters that may cause concerns over a child’s health and wellbeing. 
All education establishments will have robust structures and procedures in place to deal with staff 
concerns about the safety, wellbeing and protection of children.  
•  Each education establishment will have a Designated Member of Staff (DMS) for child protection 
matters. 
•  Any member of staff with any concern about whether a child has suffered, is suffering or is likely to 
suffer abuse, will immediately report the concerns to the designated member of staff. 
•  In the absence of the designated member of staff, the staff member with concerns will not delay, 
but will pass their concerns to a senior manager . 
•  Where the designated member of staff or senior manager is not available, staff will not delay, but 
will immediately pass their concerns to one of the core agencies.  
•  The member of staff will make a signed and dated record of their concerns, including when the 
matter was passed to the designated member of staff/senior manager. 
 
•  The designated member of staff or senior manager will collate all available information and be 
responsible for ensuring a child protection referral is made to the core agencies.  
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•  Education establishments will ensure records of reports of harm/referral are kept securely and not 
contained within pupil progress records. 
•  If the child changes education establishment, the records/reports/referral of harm must be securely 
passed to the new establishment and not within the Pupil Progress Record. 
6.4 (i) Action for the Designated Member of Staff and/or Management Team 
When a Designated Member of Staff and/or Management Team receives information, about concerns for the 
safety and wellbeing of a child or young person, they must:  
•  Be familiar with procedures and confident to follow them; 
•  Plan to meet the child’s needs quickly; 
•  Think clearly and be prepared to seek the views of others; 
•  Request and share information sensitively;  
•  Record each decision and step taken; 
•  The designated member of staff must never act alone. They should refer the matter to one of the core 
agencies in order to initiate an Inter-agency Referral Discussion.
All staff in school should be aware of what is considered to be abuse or neglect of children and young 
people. It is essential that staff feel confident to approach the designated member of staff to discuss their 
concerns and to clarify their thinking when they are not sure. 
 
Children will often disclose or exhibit signals that cause concern as the time approaches for them to leave 
the safety of the education establishment. It is important that these circumstances are not compounded by 
lack of action. 
•  Referrals must be made without delay to enable information gathering and discussion to take place at 
an early stage and before time scales become critical, e.g. before the end of the school day . 
•  Where the child’s departure from the education establishment is imminent, and he/she is likely to be 
exposed to further risk, staff will immediately contact one of the core agencies to discuss a course of 
action.  
6.5 Third sector 
Each organisation working with children in any capacity is expected to have a child protection policy and 
procedures, detailing the steps to be followed by staff who receive a report of abuse or neglect or have 
cause for concern regarding a child.  
Staff should follow these policies and procedures, which should include a point of contact within the 
organisation for such concerns. It is the responsibility of the Nominated or Responsible Person to collate 
available information and pass this promptly to one of the core agencies who will initiate an Inter-agency 
Referral Discussion.  
Where no clear policy exists for child protection, or where a member of staff is dissatisfied with the reaction 
of their organisation, they must contact the one of core agencies directly and raise their concerns.
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7. Inter-agency Referral Discussion (IRD) 
7.1 General 
Information sharing is a key activity of each agency in order to support the assessment of whether a 
child is at risk of or suffering harm. In order to make decisions, each agency will share with the other 
core agencies all relevant information. This will include information on the child, key adults who have 
involvement with the child or any other children who may be at risk. 
When this information has been shared, and where one or more of the core agencies assess that a child 
is at risk or may be at risk of harm, an inter-agency referral discussion will take place as the first stage of 
the child protection process.
An inter-agency referral discussion should be initiated in all cases when a child has died and the cause of 
death cannot be immediately attributed to natural causes. Where appropriate, the inter-agency referral 
discussion process should run in tandem with the SUDI or SUDiC process.
http://www.sudiscotland.org.uk  (see Appendix C ‘Sudden Unexpected Death in Infants and Children’). 
An inter-agency referral discussion is the first stage in the process of joint information sharing, 
assessment and decision-making about risk to children. Professionals will consider other children who 
may be at risk, not only the child who is subject of the referral. This is not a single event, but takes the 
form of a process or series of discussions, where information is discussed and a co-ordinated response 
agreed by the core agencies and updated as enquiries progress.  
Inter-agency referral discussions will take place before any agency proceeds with an investigation, except 
where emergency measures are taken, and before either a joint investigative interview or joint medical 
examination takes place. While it is desirable to have complete information on which to base joint 
decisions, there may be occasions where the core agencies need to make decisions on the information 
available to them at the time.
 
The core agencies are health, police and social work services.
•  The core agency receiving the child protection referral will, as a matter of urgency, initiate an inter-
agency referral discussion.
•  Inter-agency referral discussions may be carried out by telephone but in cases presenting particular 
challenges, and  which are contentious or complex, there may be face-to-face meetings as soon as 
practicable or, in any case, within 24 hours.
7.2 Who participates?
In all cases, all three of the core agencies must participate in the inter-agency referral discussion.
The inter-agency referral discussion is the central mechanism within the child protection process and only 
those professionals with appropriate training and experience will participate.  
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Health
The inter-agency referral discussion will be conducted by a senior member of paediatric staff with suitable 
training and experience.
It is important to restrict calls overnight to those where immediate involvement in the inter-agency 
referral discussion is essential to decision-making, e.g. the child meets the criteria for immediate Joint 
Paediatric Forensic Medical (JPF); or the child or sibling may be at risk regarding immediate health issues; 
or the extent of sexual assault is unclear as referenced in NHS Lothian Child Protection Out of Office 
Hours Flowchart (see the NHS Lothian Procedures in Appendix D).
 
Police
The inter-agency referral discussion will be conducted within Public Protection Units by a suitably trained 
and experienced officer of supervisory rank. 
Where specialist unit staff are not available or it is out of hours,  the inter-agency referral discussion 
should be conducted by an officer of the rank of Inspector or above.
 
Social Work 

The inter-agency referral discussion will be conducted by a trained and experienced member of social 
work staff of supervisory grade or an appropriate Emergency Social Care Service or Social Care 
Emergency Team staff member. 
7.3 Accountability 
While the levels of staff who will participate in inter-agency referral discussions is agreed, this does not 
remove the accountability of senior managers for processes carried out on their behalf. 
The level of accountability will be specified in internal core agency procedures. 
On the rare occasions that agreement cannot be achieved during an inter-agency referral discussion, local  
escalation procedures should be followed.  
7.4 Information sharing 
Where there is uncertainty as to whether information held by an agency is relevant, it will be shared in 
the inter-agency referral discussion to determine what information is relevant. Each agency will consider 
and share information that indicates any potential risk to professional staff. This might include previous 
aggressive or violent behaviour, infectious disease or relevant mental health issues. 
It is an expectation on the part of the core agencies that each will thoroughly research the information 
systems available to them and thereafter share information with their partners to enable effective 
decision-making. These systems will include single agency and shared information systems, both paper- 
based and electronically stored. These sources of information can be extensive and may vary on a case-
by-case basis.
The minimum checks that will be carried out and shared are stated below.
Health 
Community Child Health Records, whenever possible, information should come from health visitor / family 
nurse / school nurse and G.P. records. nurse / school nurse and G.P. records.
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Where appropriate, information from hospital records/info system, mental health records and records of 
patients / carers, TRAK hospital / community / maternity records should be checked during the referral 
process. 
Police 
Police National Computer (PNC), Criminal History System (CHS), Information for Family Protection 
Officers (INFO system), Scottish Intelligence Database (SID), Violent and Sexual Offenders Register 
(Visor), STORM UNITY, UNIFI, PND, Protecting Vulnerable Group (PVG), Interim Vulnerable Persons 
Database (IVPD)  
The following historical systems may also provide information: 
Memex, Public Protection Unit records, Juvenile Liaison Officer records, Domestic Abuse Liaison Officer 
records, Missing Persons records.
 
Social Work
Children and Families records, Community Care/Adult Services records, Criminal Justice including 
Sex Offender Liaison Officer records. These checks will include electronic and paper records. Where 
appropriate other local authority  services will be checked, e.g. Education, Housing, Environmental 
Services.
Edinburgh and Lothians Child Protection Register 
It is the responsibility of social work to ensure that the child protection register is checked.
7.5 Decision making 
   
Inter-agency referral discussions must consider and make decisions on the following:   
•  Immediate legal measures i.e. Child Protection Order or Exclusion Order, required due to evidence 
of immediate risk of significant harm to any child, or a Child Assessment Order where there is 
reasonable cause to suspect a child is suffering or is likely to suffer significant harm and there is a 
lack of co-operation from parent(s)/carer(s) to enable assessment to be carried out satisfactorily; 
 
•  What further information is required, who will be responsible for gathering this and whether this will 
be carried out jointly or by a single agency; 
 
•  Whether a joint investigative interview is required and, if so, arrangements for this, including who 
will carry it out (see Section 9); 
 
•  Whether a medical examination is required, the nature and timing of this and, who will perform it 
(see Section 10); 
•  What support is required for the child, and who will provide it, (Interim Safety Plan); Whether there 
is evidence of risk to any other child; 
•  Whether consent is required from parents/carers, who will obtain this and what information will be 
passed to parents/carers, even if consent is not being sought;
•  What feedback will be given to the initial referrer at this stage, and who will provide this. The 
initial referrer/agency might continue to have close contact with the child/family and must not be  
compromised by lack of information;
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•  In considering all of these issues, timescales and the sequence of actions must be decided upon and 
recorded.
7.6 Report to the Child Protection Register 
Where a child protection concern results in a child protection case conference and a decision is made to 
place a child’s name on the child protection register: 
•  The Child Protection Administrator or Statutory Meeting Assistant will notify the Child Protection 
Administrator in the Emergency Social Care Service as per local arrangements (i.e. workflow on 
SWIFT or electronic form), who will then set the date for the first review child protection case 
conference. 
7.7 Notification to other agencies/bodies 
Where a child, subject of a child protection referral is accommodated outwith the area, a copy of the 
referral, any Inter-agency Referral Discussion decisions and any other relevant information will be passed 
to the host local authority. 
In certain circumstances it will be necessary for the core agencies to notify other agencies that a child 
protection referral has been received or an allegation has been made against an individual. These 
agencies may include Military Welfare Services (see Appendix D), employers where the individual works 
with children or vulnerable people, and other agencies/individuals as necessary and with reference to 
the Protection of Vulnerable Groups (Scotland) Act 2007. 
Decisions regarding notification to others will be made during the inter-agency referral discussion. 
All considerations regarding notifying another agency or individual of a referral or allegation will be 
recorded, along with the reasons for the decision and information shared. 
7.8 Recording of Inter-agency Referral Discussion 
Every stage of inter-agency referral discussion will be fully recorded without delay by each agency 
involved, using the relevant form.
Where a shared electronic information system exists, each agency will contribute to the inter-agency 
referral discussion and update thereafter.
Each agency is responsible for ensuring that the information is recorded timeously and is accurate.  
7.9 Further discussions 
A number of decisions made during the inter-agency referral discussion will result in the gathering of 
further information and the outcome of particular actions. 
These will be fed back and discussed by all the core agencies as part of the inter-agency referral discus-
sion process. All further discussions and resulting actions will be recorded.
 
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7.10 Actions from Inter-agency Referral Discussion 
A number of actions are possible from inter-agency referral discussions and any outcomes will be 
agreed jointly and explicitly by all core agencies, recording who will be responsible for completing 
tasks, time scales and sequence of events. These outcomes are not mutually exclusive and more than 
one outcome may be required as a result of inter-agency referral discussion. 
No Further Action 
Sufficient information may be available to decide that no further action is required at that time by any 
of the core agencies. 
 
Voluntary Support 
There may be a need for one or more agency, statutory or voluntary, to provide support to a child and/
or family on a voluntary basis. 
Single Agency Investigation 
Where evidence suggests that this is the best way to proceed, the single agency should conduct 
further investigations on their own and update the inter-agency referral discussion on progress. 
Joint Investigation
Where the information suggests that, in the best interests of the child, agencies investigate jointly. 
Referral to the Reporter 
Where concerns about a child are such that compulsory measures of supervision may be necessary, a 
referral should be made in writing to the Reporter. 
Other Legal Measures 
Immediate legal measures, i.e. a Child Protection Order or Exclusion Order, police emergency powers 
[Section  61(5), Children(Scotland) Act 1995], Section 56(1) The Children’s Hearing (Scotland) Act 
2011  that are required due to evidence of immediate risk of significant harm to any child, or a Child 
Assessment Order, where there is reasonable cause to suspect a child is suffering or is likely to suffer 
significant harm and there is a lack of co-operation from parent(s)/carer(s), to enable assessment to be 
carried out satisfactorily. 
Child Protection Case Conference
Where there are serious professional concerns about the likelihood of harm to a child through abuse 
and/or neglect, a decision may be taken to convene an initial child protection case conference. The 
inter-agency referral discussion will not be closed until the decision whether to convene a child 
protection case conference has been made.
7.11 Reporting back
At the conclusion of every investigation, whether single agency or joint, all three core agencies will 
share and access the information gathered and make final decisions regarding the matter.
Consideration will be given at this time to ongoing support or onward referral to other agencies for a 
child/family, regardless of outcome of any investigation.
The initial referrer must be provided with feedback and the inter-agency referral discussion will 
determine what information will be appropriate and who will feedback to the initial referrer.  
These discussions, and any decisions made, will be recorded as with earlier inter-agency referral 
discussions.
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7.12 Review and sign off
Every inter-agency referral discussion record will be: 
 
•  Reviewed within two weeks of the date of referral; and 
•  Signed off within two weeks of the final outcome of the inter-agency referral discussion by the level 
of senior operational manager dictated in internal agency procedures.
The inter-agency referral discussion should be closed when there is multi agency agreement about the 
level of assessed risk; and
a) there is multi agency agreement about whether or not ongoing child protection concerns require to    
be discussed at a child protection case conference (and if not, whether a GIRFEC planning meeting is 
required);
b) A safety plan for the child is in place.
These processes will be carried out on an inter-agency basis and the core agencies will make joint 
decisions regarding any action required.
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8. Consent
8.1 Parental consent
Part I of The Children (Scotland) Act 1995, Section 1 sets out parents’ legal responsibilities: 
 
(a) To safeguard and promote the child’s health, development and welfare 
 
(b) To provide, in a manner appropriate to the stage of development of the child:
 
 
(i)  direction;
 
(ii) guidance to the child. 
 
(c) If the child is not living with the parent, to maintain personal relations and direct contact with the 
child on a regular basis.
 
(d) To act as the child’s legal representative, but only as in so far as compliance with this section is 
practicable and in the interests of the child. 
The Act details the rights of a parent, which reflect their parental responsibilities and allow the parent 
to fulfil their obligations. 
 
There is no legal requirement to obtain consent to investigate a child protection concern, however, 
wherever possible, professionals engaging with parent(s)/carer(s) should try to gain their full co-
operation in any decisions, actions or measures necessary to protect their child from abuse or harm.  
On occasion, the consent of the parent(s)/carer(s) to have their child seen regarding a child protection 
concern may not be sought. This decision would be taken when it is deemed to be in the best interests 
of the child or young person, including when seeking consent would impede any investigation or harm 
the child. 
On occasion, the parent(s)/carer(s) or others may be suspected or identified as the cause of risk to 
children. In these circumstances to alert them to planned courses of action might endanger a child 
further. 
For these reasons, consent from parents is not always possible or advisable.
Explicit and formal parental consent will be required prior to any child protection medical 
examination, unless the child or young person is considered, by the examining medical practitioner, to 
have capacity to give consent on their own behalf (section 8.2).

Where a parent(s)/carer(s) is unwilling to give their consent to a medical assessment of the child or 
young person, and the young person is not considered to have capacity to give consent on their own 
behalf, the court may be asked to grant an order, [such as a Child Assessment Order or Child Protection 
Order (Children's Hearings (Scotland) Act 2011)], to allow the child to be medically examined without parental 
consent.
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8.2 Consent of the child
In the progression of a child protection investigation, explicit consent of the child is not required where 
the investigation is considered to be in the best interests of the child. However, the views and wishes 
of the child should be taken into account in any action taken. 
Where a decision of an inter-agency referral discussion is to undertake a joint action, such as a Joint 
Investigative Interview (JII) (see Section 9), formal consent is not required but will proceed on the tacit 
consent or assent of the child or young person.
In respect of medical matters, Section 2(4) of the Age of Legal Capacity (Scotland) Act 1991, provides 
that a child or young person may consent, on their own behalf, to medical procedures and treatments, 
provided that in the opinion of a qualified medical practitioner they are capable of understanding the 
nature and possible consequences of the treatment/procedure.
In the following circumstances, the child still has the right to refuse or not comply with the medical 
examination:
•  Where the child is deemed to have the capacity to give consent on their own behalf;
•  Where parental consent to medical examination is given; 
 
•  Where a Court Order authorising a medical examination has been granted.
8.3 Inter-agency Referral Discussion 
Consent issues need to be considered in the majority of child protection investigations and it is 
important that professionals do not make decisions on consent in isolation. 
Discussing these matters at an early stage will reduce the likelihood of decisions being made that may 
compromise investigations or the protection of the child or other children.
 
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8.4 Reference Table 
 
Issue 
Consent of Parent 
Consent of Child 
Joint Investigative Interview. 
Desirable but not legally required.  Formal consent not required. 
 
Do not seek if parent is suspected 
as source of risk/harm. 
Medical examination. 
Required. 
Not formal y sought. 
 
Written parental consent will be 
 
Where child is deemed by 
required prior to any child 
Medical practitioner will still 
doctor not to have capacity to 
protection medical examination, 
seek implied consent. 
consent to medical 
unless the child or young person 
examination. 
is considered, by the examining 
medical practitioner, to have 
capacity to give consent on their 
own behalf (section 8.2). 
 
The written consent must be 
taken by the examining physician. 
Medical examination. 
Not required. 
Always required, even where 
 
a condition of a warrant/ 
Where child is deemed by 
order or supervision 
doctor to be capable of 
requirement is for the child 
understanding the reason for 
to submit to a medical 
medical examination and of 
examination or treatment.   
comprehending consequences 
 
of consenting. This will be 
Where a child is looked after 
determined by the health 
and accommodated and 
professional. 
consent for medical 
 
treatment has been given 
consent to a medical for child 
protection purposes will be 
required. 
Information sharing about the 
Good practice to make aware 
Good practice to make aware 
child and significant adults with  when, what and with whom 
when, what and with whom 
consent. 
information will be shared. This 
information will be shared. 
 
can lead to informed consent to 
This can lead to informed 
sharing information before any 
consent to sharing 
concerns arise. 
information before any 
 
concerns arise. 
Information sharing about the 
Where there is reasonable cause 
Where there is reasonable 
child and significant adults 
to believe a child may be at risk of  cause to believe a child may 
without consent. 
harm, information will be shared.  be at risk of harm, 
No consent is needed. 
information will be shared. 
 
No consent is needed. 
 
 
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9. Joint Investigative Interviews (JIIs)
9.1 General  
Guidance on Interviewing Child Witnesses in Scotland, (Scottish Government, 2011) gives practitioners 
and managers comprehensive guidance on the arrangements and standards expected when child 
witnesses are to be interviewed. 
Professionals involved in interviewing child witnesses should familiarise themselves with this national 
guidance and ensure that the expectations contained in it are reflected in practice.
An Investigative Interview is a ‘formal, planned interview with a child, carried out by staff trained and 
competent to conduct it..’  (Scottish Government, 2011)
The decision on the need for a joint investigative interview of a child witness will be taken by the core 
agencies, health, police and social work, during the inter-agency referral discussion.
9.2 Purpose of interview 
The main purposes of the investigative interview are to: 
 
•  Learn the child’s account of the circumstances that prompted the enquiry; 
•  Gather information to permit decision-making on whether the child in question, or any other child, is 
in need of protection;
•  Gather sufficient evidence to suggest whether a crime has been committed against the child or 
anyone else;
•  Gather evidence that may lead to a ground of referral to a Children’s Hearing being established. 
Interviews should always be tailored to the needs of the child and the particular set of circumstances 
leading to the investigation.
All those involved in the case must clarify and define the purpose of the interview(s) to be conducted 
and the topics to be explored, but with a clear understanding that the child’s welfare is the paramount 
concern.
Alongside this shared understanding, the police perspective of the purpose of the investigative 
interview is to establish whether a crime has been committed, and if so, what evidence is available from 
the child. The social work perspective of the investigative interview is to gather evidence/information 
to determine the source and level of risk that the child may face and to support any necessary decisions 
regarding the child’s needs and any measures required to protect the child.
It is vital that both interviewers enter the interview situation with an open mind and an agreed view of 
the approach they intend to take, to assist the child to give any account of the facts and circumstances 
relevant to the investigation.
There will be a degree of uncertainty as to what will come out of the interview, but by familiarising 
themselves with all the background information, interviewers should minimise the need to re-interview 
the child.
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9.3 Planning 
Where  a decision is taken during an inter-agency referral discussion on the need for an Investigative 
Interview, police and social work managers will: 
•  Identify interviewers to carry out the joint investigative interview;
•  Ensure, within the planning of the joint investigative interview, the availability of recording 
equipment either at a fixed site or utilising mobile recording equipment;
•  Provide the child or young person with the opportunity to specify the gender of the lead interviewer  
in advance of the joint interview taking place in compliance with the Victims and Witnesses 
(Scotland) Act 2014; 
 
•  Agree the arrangements for the interview (time/date, location, additional support needs of the child 
e.g. an interpreter, and parameters); 
•  Ensure the interviewers are briefed, with all the detailed information gathered to that point to enable 
them to develop the interview plan, including any additional needs of the child. This will include the 
development of a written interview plan;
•  Ensure that the interviewers are given the opportunity to prepare their investigative interview;
•  Confirm arrangements for the debriefing of interviewers to explore fully and access the 
information elicited during the interview;
•  Ensure that a detailed record of all stages is completed, including all decisions made, who was 
involved in making them and reasons for these decisions. Copies of this record must be kept by 
police and social work. 
 
9.4 Briefing, debriefing and further actions
Briefing and debriefing of interviewers are essential parts of the planning process for an investigative 
interview and are conducted by a supervising officer from either the social work service or police. 
Briefing and debriefing by out of hours social work services will be undertaken with a supervising officer 
from police. 
 
•  Once the interview and an agreed joint record of its proceedings have been completed, a debriefing 
session will take place between the interviewers and the managers of social work and/or police 
overseeing the investigation.
•  The debriefing session will be documented and both agencies will keep records identifying decisions 
made, by whom and the reasons for them.
Although the findings from the interview will be discussed during debriefing, any decisions on further 
action will be taken by the inter-agency referral discussion.
The social work manager and/or police supervisor conducting the debriefing session will feed back the 
findings of the interview to the inter-agency referral discussion, before taking further action.
The inter-agency referral discussion will review all available information and consider the need for any 
further action e.g.  the arrangement of a medical examination or a further interview.
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9.5 Recording 
The visual recording of a joint interview provides a far superior record of an interview than ‘verbatim’ 
written record. All joint investigative interviews therefore must be visually recorded, unless there are 
specific reasons why this may be inappropriate, e.g. the alleged offence involved video recording or 
photography of the child/young person.
The visual recording includes all of the pauses, body language and demeanour of the child, the 
interviewers and any support person present. As well as the information provided by the child that 
may be of evidential value, the visual recording will also give a clear impression of how evidence was 
obtained.
As there is a visual recording of the joint interview, the second interviewer is no longer required to take 
a verbatim record of the interview. However, the second interviewer will take written notes, recording 
salient points and details. This will be required to inform the assessment of the child witness, the level 
of concern and whether any action needs to be taken.   
During any journey to the interview, any conversation about the case should be avoided. However, if the 
child raises issues material to the case, or its circumstances, the conversation should be re-directed to 
neutral topics. A comprehensive written record of the conversation during the journey must be made at 
the earliest opportunity.
In addition, this information must be referred to in the recording of the interview.
At the conclusion of the interview, both practitioners will agree the written notes/record taken during 
the interview.  
9.6 The interviewers
Interviewers will be from police and social work services and will be trained to a standard approved by 
Police Scotland and Social Work Scotland. Their training will comply with the National Curriculum on 
Joint Investigative Interview Training (JIIT). Locally provided joint interview training will be designed and 
delivered according to the National Curriculum.
The lead interviewer may be from either police or social work, and the roles of lead and second 
interviewer will be agreed at the briefing, undertaken by either a social work or police manager or 
police supervisor. The gender choice of the interviewer by the child will be taken into account at the 
inter-agency referral discussion stage and complies with the requirement of the Victim & Witnesses 
(Scotland) Act, 2014.   
It is vital that both interviewers undertake the Investigative Interview with an open mind and a 
clear view of the approach they intend to take to assist the child to give any account of facts and 
circumstances relevant to the investigation.
The lead interviewer will be responsible for gathering information during the interview.
The second interviewer will have a clear and active role in monitoring the dialogue of both the child and 
lead interviewer, and looking for inconsistencies or gaps in the child’s account. The second interviewer 
will also be responsible for taking written notes of the salient points (see Section 9.4).
It may be necessary, on occasion, for the agreed roles to be transferred in the course of the interview, 
e.g. the child may indicate a strong preference to communicate directly with the second interviewer. In 
the planning of the interview the interviewers must consider and be prepared to make this adjustment. 
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This may result in the change of gender as previously determined by the child or young person. The 
priority is to provide the child or young person the best opportunity to speak about any harm.
9.7 Preparation for interview
In preparation for the conduct of the interview:
•  The interviewers should be afforded time together to plan their approach and develop an interview 
plan;
•  This plan should be recorded and both agencies must keep records identifying decisions made, by 
whom, and the reasons for them.
9.8 The interview
All investigative interviews with a child witness should include the following broad phases: 
 
•  Introductions;
•  Rapport Phase;
•  Practice Interview; 
•  Free Narrative;
•  Questioning;
•  Closure. 
Although there are distinct phases to the interview, there may be some overlap and interviewers must 
be prepared to switch back and forth as appropriate.
The investigative interview provides the child with an opportunity to give their own account of the 
circumstances, which prompted the attention of the investigating agencies and therefore the best 
evidence will be the child’s free narrative of what happened.
 
Interviewers are encouraged to use open questions to promote the child’s free narrative such as, ‘ “Tell 
me all about...” or “Tell me more ...”  “Tell, Explain, Describe (TED)”’.  
A practice interview is helpful as it provides the child and the interviewers with the opportunity to 
become familiar with open questions. The practice interview should take a neutral subject that has been 
identified by the interviewers during the rapport phase to rehearse the use of open prompts before 
moving on to the topic of concern where such open prompts will encourage the child’s free narrative. 
9.9 Consent 
 
Consent is an issue for consideration before commencing a JII (see Section 8).
 
Consent is not legally required from parents or children before interviewing them or before visually 
recording the interview. However, it is good practice to seek a child’s tacit consent when conducting a 
joint interview rather than formal consent.
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Where appropriate, steps should also be taken to keep parents/guardians informed of the unfolding 
situation. In certain cases, the interviewers may need to see the child without the knowledge or consent 
of the parent/guardian, for example, where there are strong grounds to suspect that they are involved in 
the abuse. If this is necessary, a record should be made by both agencies, detailing the reasons for not 
informing them.
Even where there are compelling reasons to exclude a parent/guardian from knowledge of investigative 
enquiries, due courtesy and consideration should always be given.
Reviewing the recording of a Joint Investigative Interview
The recording of the interview will contain personal and sensitive information and reviewing the recording 
for the progression of an investigation will be required. 
It may also be necessary to view a recording to ensure that the interview was conducted properly.  The 
Data Protection Act 1998 allows for the processing of personal and sensitive information where processing 
is necessary for:
•  The discharge of any function which is designed for protecting members of the public against
 
(i)  dishonesty, malpractice, or other seriously improper conduct by, or the unfitness or incompetence         
of, any person, or; 
ii)   mismanagement in the administration of, or failures in services provided by, any body or association; 
and; 
•  Must necessarily be carried out without the explicit consent of the data subject being  sought so as 
not to prejudice the discharge of that function.
 A recording of a joint investigative interview will not be used in a training setting without explicit consent 
of a parent, carer or, where appropriate, the child/young person. In Scotland, a person of 12 years or more 
is presumed to be of sufficient age and maturity to give consent.  However, each case must be assessed 
on its merits. Factors to be taken into account include the age of the child, their ability to understand 
what they are giving consent to, and the likely implications that may arise from the use of their personal 
information.
9.10 Competency testing 
The Vulnerable Witnesses (Scotland) Act 2004 abolished the need to test the child’s ability to distinguish 
between truth and lies in legal proceeding. It is therefore not required in the conduct of a joint interview of 
a child witness.
However, there is a requirement, as with all witnesses, to assess the child’s understanding and 
communication ability, which may lead to the identification of special communication needs or other 
issues.     
During the joint investigative interview, interviewers will:
•  Make an informal assessment of the child’s understanding and communication ability;
•  Emphasise to the child the importance of telling the truth;
•  Avoid performing a discreet competence test to establish the child’s understanding of truth and lies;
•  Note any additional information about the child’s presentation during the joint interview that may
       assist the Procurator Fiscal and/or Children’s Reporter.
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9.11 Other people present at interview 
 
In accordance with the Scottish National Guidance on Interviewing Child Witnesses (2011), personnel 
should be kept to a minimum to avoid intimidating or inhibiting the child.  In most circumstances, it is best 
for only the two interviewers to be present in the room with the child. However, as per the guidance, there 
may be a need for an interpreter or facilitator to meet the needs of the child. 
In certain cases, a child may wish for, and benefit from, a supportive adult present. This should not be a 
witness or potential witness, nor should it be someone who has a personal investment in the case. The 
support person should not be a parent or carer if, for example, the parent/carer is suspected of being 
directly involved in the abuse or their relationship with the abuser is likely to lead to a conflict of interests.
 
The presence of a support person might be a hindrance to the child, especially if that adult is someone 
the child has a particular relationship with. The child may feel uncomfortable about them knowing 
intimate details of their personal life or events. The interviewers will take the lead in determining the 
appropriateness of, and the need for, a support person, in conjunction with the child.
If a support person is to be present, interviewers must make them aware that:
•  Their role is to support the child, providing comfort and re-assurance;
•  They must not participate in the interview, e.g. answering questions put to the child or prompting the 
child;
•  They should preferably sit out of the line of the child’s vision and be prepared to move if the need 
arises;
•  They must control their facial expressions and avoid conveying any emotions or intentions towards the 
child;
•  It is best that they are only there for the introduction and rapport phase while the child is settled,  as 
determined by the interviewers.
Note: Under no circumstances should the interview be conducted in the presence of the person alleged or 
suspected to be the cause of  harm to the child.  
Where any form of language interpreter is required, this should not be a member of the family.
9.12 Departure from procedures 
Interviewers and supervisors will record any departure from these procedures and reasons for so doing, 
including lack of planning, briefing or debriefing.
Practitioners and managers involved in joint interviews must always refer to and follow the national guid-
ance, and where there is deviation, this must be recorded by the supervisors/managers concerned.
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10. Medical assessment and care of  
 

children where child abuse and/or 
 
neglect is suspected
10.1 General 
In all cases where any form of abuse or neglect of a child is suspected, the need for medical assessment 
must be discussed during the inter-agency referral discussion.
The decision to undertake a medical examination, the nature and timing of that examination and any 
decision not to
 examine the child must be made by the Paediatrician on-call for Child Protection in 
discussion with other core agencies and clearly documented.   
•  Any examination undertaken must be carried out by a doctor or doctor(s) with appropriate skills and 
competencies for the individual case.  
•  The examination must be comprehensive, gathering information about the child’s overall wellbeing, 
growth and development, not just documentation and interpretation of injuries.  
Even where the likelihood of finding recent injuries is thought to be small, examination may reveal 
evidence of previous injury and/or neglect, this is important in establishing any degree of significant 
harm. 
The purposes of the examination can be summarised as:  
•  securing any immediate medical treatment required; 
•  gathering medical and forensic evidence; 
•  gathering relevant medical, family and social background; 
•  gathering information on the child’s growth, development and emotional state; 
•  initiating ongoing health care, e.g. treatment of sexually transmitted infections/pregnancy, mental 
health care; 
•  reassuring the child and family. 
The consultation may also offer an opportunity to gain an impression of the child’s emotional 
wellbeing, the quality of interaction with the parent(s)/carer(s) and the parent’s own needs and level of 
understanding.
10.2 Levels of examination 
Medical examinations may be performed at two levels: Comprehensive Medical Assessment (CMA) and 
Joint Paediatric/Forensic examination (JPF) or specialist paediatric examination (see the flow chart in 
Section 10.10). 
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10.2 (i) Comprehensive Medical Assessment (CMA) 
Comprehensive medical assessments are carried out in situations where it is unclear from the initial 
information whether abuse or neglect has occurred and alternative accidental or medical explanations 
may be forthcoming. These examinations are carried out by doctors trained in child health, working 
either in the community (staff grade and associate specialists), General Practitioners, or hospital based 
paediatric staff where the child has presented directly to primary care, A&E or hospital paediatric 
departments. 
10.2 (ii) Joint Paediatric/Forensic (JPF) Examination or specialist 
 

paediatric examinations 
These examinations are carried out where clear evidence of serious injury is reported at the inter-agency 
referral discussion, e.g. non-accidental head injury in an infant, severe injury in an older child or a 
disclosure of sexual abuse, significant potential harm or a requirement for forensic medical opinion. 
They are carried out by specialist paediatricians working with Forensic Physicians (FP), or by specialist 
paediatricians working singly or with another paediatric specialist, e.g. a neurologist, in some situations 
of physical abuse or neglect where other corroborating evidence exists and the paediatrician has the 
appropriate skills. 
10.3 Timing 
The provisional timing of the examination is agreed during the inter-agency referral discussion and will, 
wherever possible, be undertaken locally as soon as possible during working hours. The main factor in 
determining the timing is the best interests of the child and the need to ensure appropriate facilities and 
examiners with the necessary skills are available and that the child is appropriately supported.  
Where involvement of a Forensic Physician is required, the police will make contact with the on-call 
Forensic Physician through the Area  Control Room (ACR) to discuss the case and confirm availability. 
Wherever possible, examinations (between 10 pm and 8am) will be avoided unless there is an urgent 
need to conduct an examination. However, the best interests of the child should be paramount and the 
following criteria will be adopted in urgent cases:
•   Clinical need: child bleeding, in pain, significant associated injury; 
 
•   Forensic need: evidence from locus or child; 
•   Need to comply with legal requirements: where suspect is in custody and where medical evidence 
is required to progress the investigation; 
•   Extreme anxiety/distress on part of child/young person or family.
10.4 Location 
Examinations must be carried out in child friendly facilities with appropriate equipment and support. 
They are usually carried out in the Royal Hospital for Sick Children or St John’s Hospital. However, 
where adolescents report sexual assault, examination may be more appropriately carried out within a 
specialist examination suite. 
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10.5 Chaperones  
In all cases, a chaperone of the same sex as the victim must be present throughout any medical 
examination. This is essential not least in terms of General Medical Council guidelines, but also from a 
victim support and accountability perspective. 
Where medical on call arrangements do not support this position, a police officer of the same sex as the 
victim will be provided as a chaperone.  
10.6 Recording 
•  Examinations are documented on a standard pro-forma including body charts to record all injuries. 
•  Consent to examination, taking of forensic samples, provision of reports and photo-documentation 
are recorded on the standard format and taken in writing from the parent and/or child wherever 
possible. Alternatively verbal consent is recorded and witnessed by the examining doctor(s). It is 
important to remember that it is the doctor’s responsibility to obtain informed consent. 
•  Genital and anal examinations are recorded using the colposcope on video, CD or DVD format to 
enable second opinion, defence expert opinion and peer review. 
•  Photo documentation of physical injuries is carried out by the police. Wherever possible this should 
be done at the time of the examination with the examining doctors ensuring all relevant injuries are 
captured. 
10.7 Following examination  
•  At the end of the examination, the examining doctor(s) share their initial conclusions with the 
attending police and social workers, including any plans for further investigation, e.g. x-ray, 
haematology and the implications of those. They contribute to the immediate planning for the child, 
particularly in terms of assessing risk of imminent harm. 
•  Where relevant, appropriate arrangements for postcoital treatment, screening for pregnancy and 
sexually transmitted infections are made by the examining doctors, in discussion with the young 
person/parent(s). 
•  The paediatrician takes responsibility for any further medical investigations and for the collation of 
the results, together with the examination findings into the subsequent reports. 
10.8 Reports 
Following the paediatric assessment, two reports are produced: one in the form of a letter to the GP by 
the paediatrician, (and also made available to the child protection case conference); the other, the Soul 
and Conscience Report for the Procurator Fiscal. 
The Soul and Conscience Report is drafted by the Forensic Physician, amended if necessary, and agreed 
jointly with the paediatrician and signed by both doctors. This will be available within four weeks of the 
examination. Both reports may be used by the Reporter in Children’s Hearing’s proceedings.
If a child has been referred to the Reporter, he/she will require a copy of the Soul and Conscience Re-
port. An immediate medical report may be required particularly where a Child Protection Order (CPO) 
has been taken, good practice is to provide a written report to the Reporter within two working days of 
the child protection order being taken.
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10.9 Ongoing care 
Children seen in the context of child protection investigations frequently have inadequately met health 
care needs, e.g. immunisation, attendance at ear nose and throat clinic, optician or dental clinics. The 
investigation and subsequent multi-agency planning offers an important opportunity to initiate care.
•  The paediatrician takes responsibility for arranging ongoing health care, including liaison with the 
school health team, mental health services, hospital outpatient department, etc.
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10.10 Flowchart for medical assessment of children with suspected 
 

abuse or neglect
Police
Child
Public
Education
Health 
e.g. GP, HV
Parents
Referral
Social Work
Referral Process
      Inter-agency Referral DIscussion
                         (Health, SW, Police)
             
   •  No examination required
         
 
Immediate Medical
                  
         Planned Medical Assessment
         •  Health advice given
       Assessment
Consent required from parent /carer with 
responsibilities
........
Comprehensive Medical 
Specialist Examination  
Joint Paediatric/Forensic 
Assessment (CMA)
Examination (JPF)
      
 •  No child protection concerns
•  Ongoing medical care 
•  Ongoing medical care
 •  Ongoing care provided
        and referral
        and referral
                OR  
 •  Increased child protection concerns-
  Results fed back to IRD
  Results fed back to IRD
     leads to either SPM or JPF                                      
 •  Results  fed back to IRD
 
Please obtain clear description of alleged cause of any injuries / medical symptoms i.e. pain, bleeding, bruising including size 
and site, and any medical attention already sought.

If there is an acute severe injury the priority as always should be for medical assessment and treatment.  Please take child to 
Accident and Emergency immediately.

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11. Child Protection Case Conferences
A child protection case conference is a formal multi-agency meeting where agencies’ assessments, 
including chronologies and risk assessments are shared and necessary actions are identified through a 
child protection plan to protect a child. 
There are four types of child protection case conference: Pre-birth, Initial, Review and Transfer. 
Participants should be given a minimum of five calendar days’ notice of the decision to convene a child 
protection case conference wherever possible.
11.1 Purpose of a Child Protection Case Conference  
11.1 (i) Pre-birth Child Protection Case Conference 
The purpose of a pre-birth child protection case conference is to decide whether there exist serious 
professional concerns about the likelihood of harm through abuse or neglect of an unborn child when 
they are born. 
11.1 (ii) Initial Child Protection Case Conference 
 
The purpose of an initial child protection case conference is to decide whether there are serious 
professional concerns about the likelihood of harm through abuse or neglect of a child. 
This is achieved by: 
•  Ensuring that all relevant information held by each agency has been shared and analysed on an 
inter-agency basis; 
•  Reviewing decisions made during inter-agency referral discussions and during any subsequent 
inquiry/investigation; 
•  Considering all information and initial assessments; 
•  Considering the views of the child/parent(s)/carer(s). 
After consideration of the above, the professionals in attendance have a responsibility to contribute to 
decision making. A key decision is whether the child(ren)’s name(s) will be placed on the child protection 
register. 
Where the decision is made to do so, the child protection case conference must then agree a child 
protection plan, identify the membership of the core group and decide whether to refer the child to the 
Reporter for consideration of compulsory measures of supervision. This is a formal decision and may 
follow referral to the Reporter earlier in the child protection process by one of the core agencies, or 
anyone else. 
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 11.1 (iii) Review Child Protection Case Conference  
The purpose of a review child protection case conference is to review decisions where a child’s name has 
been placed on the child protection register. They will:
•  Review decisions made at initial child protection case conference; 
•  Review progress of the child protection plan; 
•  Consider all new information available; 
•  Decide whether the child’s name should remain on the child protection register.
11.1 (iv) Transfer Child Protection Case Conference  
The purpose of a transfer child protection case conference is to consider whether there are serious 
professional concerns about the likelihood of harm through abuse or neglect of a child whose name has 
been placed on a child protection register and who:
•  Moves into the Edinburgh and Lothians area; 
•  Moves out of the Edinburgh and Lothians area; 
•  Moves from one local authority area to another within the Edinburgh and Lothians area (e.g. West 
Lothian to Midlothian); 
and specifically to consider whether, on removal of the child’s name from the relinquishing area’s child 
protection register, the child’s name should be placed on the Edinburgh and Lothians Child Protection 
Register, or continued, in the case of movement within the Edinburgh and Lothians area. 
If a child is no longer at risk, their name should be removed from the child protection register in their 
original area and no transfer child protection case conference is requested as per the National Guidance 
for Child Protection in Scotland (2014).
 
Where a child and their family move from one authority to another and the child’s name is on the child 
protection register, a transfer child protection case conference will be held within 21 calendar days from 
the date of request for transfer and the case file must go with the child as per National Guidance for 
Child Protection in Scotland (2014).
11.2 When to hold a Child Protection Case Conference  
11.2 (i) General  
•  In deciding whether and when to convene a child protection case conference, professionals will 
record decisions and reasons. 
•  Where a child protection case conference has taken place on a Friday or late in the working day, 
responsibility for notifying Emergency Social Care Services (ESCS) or Social Care Emergency Team 
(SCET) rests with the allocated social worker. Individual agencies may have their own system/
procedures to trigger alerts within their own organisations. 
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11.2 (ii) Pre-birth Child Protection Case Conference
The decision to hold a pre-birth child protection case conference will be made during the inter-agency 
referral discussion. This should take place as soon as possible after the inter-agency referral discussion, 
but no later than the 28th week of the pregnancy, unless the agencies are unaware of the pregnancy 
until after 28 weeks, but always within 21 calendar days of the concern being raised to inter-agency 
referral discussion. Where it has not been possible to hold a pre-birth  child protection case conference 
prior to birth an initial child protection case conference must take place prior to the baby’s discharge 
from hospital.
Problem substance use is one of a number of reasons to consider convening a pre-birth child protection 
case conference and CAPSM guidelines provide additional guidance. Other factors that might lead to an 
inter-agency referral discussion on an unborn child include:
•  The degree of parental mental illness/impairment, which is likely to impact on the child’s safety or 
development; 
•  Domestic abuse, which is likely to impact on the child’s safety or development; 
•  Concerns about parental ability to care for themselves and/or to care for the child, e.g. unsupported 
young parent or parent with a learning disability; 
•  A parent or other person in the household who presents a significant risk to the child’s safety or 
development; 
•  A previous unexplained death of a child whilst in the care of either parent/carer; 
•  A sibling living in the household who is or has been on a child protection register; 
•  A sibling who has previously been removed from the household temporarily or permanently; 
•  Any other concern that the child may be at risk of harm, including a parent previously suspected of 
fabricating or inducing illness in a child.
11.2 (iii) Initial Child Protection Case Conference
•  The decision to hold an initial child protection case conference will be taken on an inter-agency basis 
during inter-agency referral discussion. 
•  An initial child protection case conference will be held as soon as practicable after the date of a 
child protection referral when sufficient information has been gathered to enable effective decision 
making to take place, but in any case within 21 calendar days of the referral to inter-agency referral 
discussion.
•  An initial child protection case conference must not be delayed beyond the time when sufficient 
information has been gathered, except when it is in the interests of the child to do so (in such cases 
a record of this decision and the reasons for it will always be kept).
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11.2 (iv) Review Child Protection Case Conference  
Review Child Protection Case Conferences will be held where: 
•  The first review child protection case conference will be decided upon by the initial child protection 
case conference, which will be within three months of the date of the initial child protection case 
conference;
•  Where a pre-birth child protection case conference has taken place and the child’s name placed on 
the child protection register, the review child protection case conference will take place 21 calendar 
days after birth, not after registration; 
•  Every six months or earlier if circumstances change; 
•  When an earlier date has been requested by the core group;  
•  In response to a significant incident;  
•  If instructed by the Chair of the Child Protection Committee (CPC)/Public Protection Committee (PPC) 
in response to any dispute as per local protocol.
11.2 (v) Transfer Child Protection Case Conference
Where the transfer of a child is planned, a transfer child protection case conference will be held, as per 
the National Guidance:  
•  The mechanism for planning a transfer child protection case conference is an inter-agency referral 
discussion; 
•  Inter-agency referral discussions will also enable any further protective measures to be considered 
and agreed. 
Where a child has already moved to reside in this area, the child’s name will be entered onto the 
Edinburgh and Lothians Child Protection Register (see Section 13) and a transfer child protection case 
conference will be arranged within 21 calendar days of the inter-agency referral discussion. This will 
ensure professionals are aware of any ongoing investigation in respect of the child, if their name is 
checked against the child protection register. 
11.3  Chair of Child Protection Case Conferences
11.3 (i) General
Child protection case conferences are convened on behalf of the Child Protection Committee/ Public 
Protection Committee.
•  Child Protecti0n Case Conference Chairs will hold a professional qualification in social work, and 
ideally hold a Child Protection Certificate or equivalent and have undergone role specific training.  
•  The Chair exercises their responsibility as a devolved function of the Child Protection Committee. 
•  The Chair will not have any direct involvement or supervisory function in relation to any professional 
who has involvement in the case. 
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11.3 (ii) Review Child Protection Case Conference  
•  The Chair of the initial child protection case conference should chair, where possible, any review 
child protection case conference for that child. 
 
11.3 (iii) Transfer Child Protection Case Conference 
•  Where a child is being transferred into the Edinburgh and Lothians area, the receiving area will chair 
the transfer child protection case conference according to the National Guidance (2014). 
11.4 Provision of reports 
More effective decisions can be made by child protection case conferences where complete information 
is available to attendees. In recognition of this, and with the expectation that all relevant information 
will be shared:  
•  A typed report, including a chronology, detailing involvement with the child and significant adults 
in the child’s life, will be submitted by each agency invited to attend the child protection case 
conference where there has been previous or ongoing involvement. Where an agency representative 
is offering information from another service area they should make this clear; 
•  Where possible a composite report should be produced;  
•  Reports will be submitted 10 calendar days prior to the scheduled date of child protection case 
conference (except where the notice of invitation or urgent need for child protection case conference 
does not permit this); 
•  Prior to child protection case conference each agency will share their information with the family and 
where appropriate the child; 
•  Professionals must be aware that failure to share information available to them, which  leads to 
harm of a child will be viewed as a serious neglect of their duty to protect children;  
•  ‘Restricted Access Information’ will not be circulated in writing prior to child protection case 
conference, although will be shared verbally with those professionals/agencies who need to know; 
•  Restricted Access Information shared or discussed during child protection case conference may NOT 
be shared with any other person, including the child and/or family, or reproduced in open reports 
without the prior permission of the provider; 
•  All information, other than restricted access information contained in reports will be shared openly 
with the parent(s)/ carer(s) during the child protection case conference; 
•  Where appropriate, information contained in reports will be shared openly with the child during the 
child protection case conference; 
•  The child and parent(s)/carer(s) must be given the opportunity to have their views represented. This 
is particularly important if they are not attending the child protection case conference in person; 
•  All information shared by professionals must be used and stored appropriately by those receiving it. 
Where agencies cannot undertake the secure storage of information, they should not retain it. 
 
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11.5 Chronologies 
A ‘chronology’ is a sequential timeline of significant events and issues in the life of a child and family.  It 
should not be a reproduction of every single contact an agency has had with a child or family.
All agencies, whether statutory or voluntary, with involvement with the child and/or significant adults in 
the child’s life will produce a chronology of events and interventions to form part of the agency’s report 
to the child protection case conference. 
 
The detail of these chronologies may differ, dependent on the agency, but will list significant events, 
including:
•  Protective factors/positive achievements ;
•  How the child or parent(s)/carer(s) responded to and interacted with agencies involved.
Significant events include:
•  Changes to a child’s life, e.g. health, education, development, relationships; 
•  Changes of address and dates;  
•  Social and economic circumstances;  
•  New individuals joining the household; 
•  Where appointments are missed or planned/unplanned visits were met with no response; 
•  Where concerns are raised and where events follow these concerns, e.g. home visits, contact 
attempts, meetings, child protection case conferences, entry onto/removal from the child protection 
register or referral to the Reporter; 
•  Individual crises, which may have an impact on the well-being of the child, e.g. parental overdose, 
bereavement, post natal depression, episodes of mental health problems or illness, incidents of 
domestic abuse, parental separation/divorce, referral for services, etc;  
•  Starting school or nursery; 
•  Passing exams;  
•  Improvements in income, employment, housing, etc;
•  Missed appointments, including immunisations and other health appointments.
The preparation of an agency chronology will enable other professionals to understand that agency’s 
involvement with the child/family and how these events complement and impact on their own agency’s 
involvement.
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11.6 Restricted Access Information (RAI) 
Restricted access information is information, which, by its nature cannot be shared freely with the 
child and family/representatives within the full child protection case conference. It will be shared with 
professionals present to enable the complete picture to be considered.
 
Restricted Access Information includes: 
Sub judice: Information subject to legal proceedings, the sharing of which may compromise those 
proceedings. 
Third Party: Information from or about a third party, which may identify them if shared. Information 
about an individual, which may not be known to others, including within close family relationships, e.g. 
medical history, certain previous convictions, intelligence reports. 
Risk: Information, which, if shared may place any individual(s) at risk. Professionals will be required to 
justify why information is being classed as restricted access information  
11.7 Preparation for Child Protection Case Conference  
11.7 (i) Preparation by the Chair   
Child protection case conferences will be chaired by staff experienced in child protection, who are 
competent, confident and capable. It is critical that the chair has a sufficient level of authority within 
the role and is suitably skilled and qualified to carry out the functions of the chair. The chair, wherever 
possible, should not have any direct involvement with or supervisory function in relation to any 
practitioner who is involved in the case. They should be sufficiently objective to challenge contributing 
services on the lack of progress of any agreed action, including their own. 
The chair’s role is to:
•  Agree who to invite, who cannot be invited and who should be excluded in discussion with the 
Named Person/Lead Professional and any other relevant agency;
•  Ensure that all persons invited to the child protection case conference understand its purpose, 
functions and the relevance of their particular contribution;
•  Meet with parents/carers and explain the nature of the meeting and possible outcomes;
•  Facilitate information-sharing and analysis;
•  Identify the risks and protective factors;
•  Ensure that the parents/carers and child’s views are taken into account;
•  Facilitate decision-making;
•  Determine the final decision in cases where there is disagreement;
•  Wherever possible, chair review child protection case conferences to maintain a level of consistency;
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•  Where a child’s name is placed on the register, outline decisions that will help shape the initial child 
protection plan;
•  Identify the Lead Professional where a childs name is placed on the register (social worker);
•  Advise parents/carers about local dispute resolution processes;
•  Facilitate the identification of risks, needs and protective factors;
•  Facilitate the identification of a core group of staff responsible for implementing and monitoring the 
child protection plan;
•  Agree review dates;
•  Challenge any delays in action being taken by staff or agencies or progress of the plan;
•  Ensure that national timescales are adhered to, including review dates, distribution of minutes and 
copies of the child protection plan and changes to plans; and
•  Ensure that any member of staff forming part of the core group who was not present at the case 
conference is informed immediately about the outcome of the case conference and the decisions 
made, and that a copy of the child protection plan is sent to them.
Prior to the child protection case conference the Chair will: 
•  Ensure that the child protection case conference has been organised, key agencies invited and a 
minute taker appointed; 
•  Ensure reports received are sent, as soon as possible and in any case two working days before the 
date of the child protection case conference, to the invitees including the parent(s)/ carer(s). Any 
report sent to the family will be clearly marked on each page as a ‘family copy’; 
•  Familiarise themselves with the information contained in reports received; 
•  Consider and rule on requests that a parent/carer and/or child/young person be excluded from the 
child protection case conference; 
•  Consider the need for an interpreter or communicator and any other special measures/facilities that 
may be required. 
11.7 (ii) Quorum  
For all Case Conferences: 
•  Social work and at least two other agencies/services must be represented. 
11.7 (iii) Preparation by invitees
 
Prior to case conference invitees will:
•  Familiarise themselves with the information contained in reports; 
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•  Submit to the Chair any request that a parent/carer and/or/child/young person be excluded from the 
case conference.
11.7 (iv) Preparation by Social Worker 
Prior to the child protection case conference the social worker allocated to the child will:
•  Prepare the child and parent(s)/carer(s) for the child protection case conference process and in 
particular help them consider how their views can be made known and understood; 
•  Seek the views of the child and include these in the assessment and planning and at any subsequent 
stage, including the child protection case conference; 
•  Ascertain whether the child wishes to attend the child protection case conference, taking account 
of their age and stage of development, and if so, discuss this with the chair prior to child protection 
case conference, in order to make appropriate arrangements. 
11.8 Attendance
11.8 (i) General  
Sharing and proper analysis of all available information about the child, their siblings and significant 
adults in the child’s life is key to making decisions at a child protection case conference. 
In order to best achieve this: 
•  All agencies, statutory and voluntary known to have significant involvement in a child’s life and the 
life of significant adults, will be invited to attend the child protection case conference;  
•  Every agency invited to attend a child protection case conference is expected to be represented. 
Where the child is registered with an education establishment, education must be represented. An 
exception to this will be, when the child protection case conference is during school holidays, in 
which event consideration will be given to an early review child protection case conference ; 
•  All attendees will remain until all decision making is complete. Child protection case conferences 
usually last between 1 and 2 hours and professionals must allow sufficient time for their attendance 
and full participation;
•  Agencies must ensure that their representative(s) is/are fully informed and able to bring all relevant 
information to the child protection case conference, including relevant information about parents 
and significant adults; 
•  A child attending a child protection case conference will be given the opportunity to have a support 
person accompany them; 
•  The parent(s)/carer(s) will be invited, other than in exceptional circumstances (see below) to attend; 
•  In exceptional circumstances, professionals may request that parent(s)/carer(s) and/or the child be 
excluded from the child protection case conference. Where the Chair of the child protection case 
conference is satisfied that exceptional circumstances exist and determines that there is sufficient 
       reason for doing so they may exclude the child or any other person from the child protection case 
       conference; 
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•  Any request to exclude a person from the child protection case conference will be recorded, as will 
the decision taken and the reasons for it. 
Occasions when the child and/or a parent/carer will be excluded will be rare. The likelihood of violence 
or of serious disruption to the child protection case conference will influence this decision. The fact that 
a parent or carer may be a suspected abuser should not automatically preclude their attendance. 
11.9 Process of Child Protection Case Conference  
11.9 (i) General 
The Chair and professionals attending will ensure that the views of the child are made known and 
acknowledged throughout the process of the child protection case conference.  
The Chair of the child protection case conference will: 
•  Introduce themselves to the parent(s)/carer(s) and, where appropriate, the child, immediately prior 
to the child protection case conference and ensure their understanding of the purpose and process 
of the child protection case conference, including the consideration of restricted access information. 
They will also clearly explain what will be expected of them and others during the child protection 
case conference; 
•  Where restricted access information has been, or is to be provided, they will explore and discuss 
this without the child/parent(s) present; 
•  Ensure that any restricted access information conforms to the criteria;  
•  Ensure that this part of the child protection case conference is kept to a minimum and that 
discussion does not continue beyond restricted access information with the child/parent(s) 
excluded; 
•  Ask each professional to provide a succinct verbal summary of their agency’s previously submitted 
report(s) relating to their agency’s involvement with the child and family, including relevant adults. 
They should also include an update on any risk reduction measures put in place to cover the period 
between the inter-agency referral discussion and child protection case conference; 
•  Seek the view of the parent(s)/carer(s), if in attendance, in relation to the information provided;  
•  Lead a discussion on the risks to the child(ren), protective factors and what support can be offered 
from extended family/community and professionals; 
•  Ensure every child protection case conference specifically considers the current and future living 
arrangements of the child, including a specific consideration as to whether it is safe to discharge a 
child or baby home from hospital or another safe place; 
•  Obtain the views of each professional in attendance in relation to the risk of harm;  
•  Ensure every child protection case conference makes decisions as set out in Section 11.10; 
•  Ensure that where a parent/carer has not attended, the decisions of the child protection case 
conference are made known to them as soon as practicable after the child protection case 
conference; 
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•  Where possible, chair any review child protection case conference and any subsequent initial child 
protection case conference for the same child;  
•  Where invitees fail to attend or make provision for delivery of relevant information, fail to submit 
reports or fail to participate fully in decision making and planning stages of the child protection case 
conference, report the circumstances to the invitee’s agency. 
11.10 Decisions and Actions 
All child protection case conferences will reach decisions by consensus. Consensus means ‘general or 
widespread agreement’. It does not mean a majority vote nor does it mean unanimity is required and 
that one dissenter can control the decision making process. 
The role of the Chair is an important one in eliciting key assessment information and supporting the 
child protection case conference reaching consensus, based on the facts and professional judgements 
presented, rather than on understandable anxiety, either about registration or de-registration.  
Consensus means that, irrespective of any agency representative’s view of the decision, all involved will 
abide by it. This includes implementing any child protection plan, which results from a child protection 
case conference. 
Any agency’s judgement that a child’s name should be placed on, or removed from, the child protection 
register must be based on a detailed, multi-agency risk assessment, which concludes from the evidence 
that the child is at significant risk of harm and requires a child protection plan, or that risk has been 
reduced to the extent that registration is no longer necessary. Any disagreement should be formally 
recorded in the minute. An agency’s refusal to implement the plan should be reported to the Chair of the 
child protection case conference. 
Where there is no clear consensus in the discussion, the Chair will use his/her professional judgement to 
make the final decision, based on an analysis of the issues raised.  
Where a Chair of the child protection case conference has made the final decision, local Child Protection 
Committee guidance on independent scrutiny will be followed, as per the National Guidance (2014). 
A child protection case conference, having considered all available information and having reviewed the 
decisions taken to date, will decide on:  
Child Protection Register: Where there are serious professional concerns about the likelihood of harm 
to a child through abuse or neglect, the child protection case conference will decide to place the child’s 
name on the Edinburgh and the Lothians Child Protection Register (see Section 13).
Referral to the Reporter: Where concerns about a child are such that compulsory measures of 
supervision may be necessary, a referral should be made in writing to the Reporter (see Section 14).
A deterioration in circumstances may lead to a child being referred to the Reporter at a review child 
protection case conference.
Immediate Safety of the Child: Every child protection case conference should specifically consider the 
current and future living arrangements of the child, including a specific consideration as to whether it is 
safe to discharge a child or baby home from hospital or other safe place.
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Immediate legal measures, i.e. Child Protection Order or Exclusion Order, where there is evidence of 
immediate risk of significant harm to any child, or a Child Assessment Order, where there is reasonable 
cause to suspect a child is suffering or is likely to suffer significant harm and there is a lack of co-
operation from parent(s)/carer(s) to enable assessment to be carried out satisfactorily. This is most 
likely to be in response to new information, otherwise an earlier application for legal measures should 
have been made.
Non registration/de-register: Where a child’s name is not placed on or is removed from the child 
protection register, the child protection case conference will put in place a plan to ensure the continued 
wellbeing and safety of the child are monitored and supported by an identified lead professional.
Where the child protection case conference decides to place a child’s name on the Edinburgh and 
Lothians Child Protection Register the child protection case conference must:  
•  Identify a named social worker who will become the Lead Professional; 
•  Identify key professionals to form a multi-agency core group and the date of the first core group 
meeting, which will be within 15 calendar days of the child protection case conference; 
•  Agree the initial child protection plan to include the actions to be taken to ensure their wellbeing and 
safety; 
•  Set a date for a review child protection case conference, which must be within three months of the 
initial child protection case conference. Thereafter, reviews should take place six monthly, or earlier 
if circumstances change. 
Where a decision is taken to refer the child to the Reporter:
•  The person nominated by the child protection case conference will submit the referral to the Report-
er within ten calendar days of the child protection case conference. Copies of reports and minutes 
provided to the child protection case conference will accompany the referral; 
•  Where a decision is taken not to refer the child to the Reporter, the reason for this must be clearly 
documented. 
11.11 Recording  
•  A minute of each child protection case conference must be taken. This will include a record of 
information shared and the evidenced opinions of each professional present, leading to the 
considered decisions of the child protection case conference;  
•  To avoid any unnecessary delay in actions and tasks identified, the Chair should produce a record 
of key decisions and agreed tasks for circulation within one day of the meeting. This should be 
distributed to invitees who were unable to attend as well as child protection case conference 
attendees; 
•  The minute will be reviewed and signed by the Chair of the child protection case conference and sent 
to all invitees within 15 calendar days of the date of the child protection case conference; 
•  Invitees are responsible for ensuring the accuracy of the minute; 
•  Invitees will bring to the attention of the Chair any inaccuracies in the minute, within 15 calendar 
days of its circulation. The Chair will decide on whether amendment and re-circulation are required.
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11.12 Disagreement with decisions 
11.12 (i) Disagreement by professionals  
Whenever possible, the child protection case conference will reach decisions by consensus. This does 
not mean unanimity is required. Where a professional disagrees with a decision, this will be noted in the 
minute.
The chair will ensure all opinions are fully expressed. However, where a professional, including the chair, 
cannot agree the decision or contents of the child protection plan, local dispute resolution processes will 
be followed.
Information on the local dispute resolution processes can be obtained from the chair of the child 
protection case conference. 
The chair of the child protection case conference will ensure that the protection of the child is the 
paramount concern and appropriate safety measures within the child protection plan are in place 
whilst the matter is being determined and this may include the child’s name being placed on the child 
protection register.
11.13 Complaints by parent(s)/carer(s) and/or child  
11.13 (i) Complaints  
Child protection case conferences are not mandated by legislation and no right of appeal exists for 
children and/or parent(s)/carer(s) in relation to decisions taken by a child protection case conference. 
Where parent(s)/carer(s) and/or a child have a complaint: 
•  Regarding professional conduct, the matter must be referred to the agency concerned for 
appropriate response according to internal complaint/ disciplinary procedures; 
•  In respect of the conduct of, or the arrangements for sharing information during, a child protection 
case conference, the matter will be referred to individual agencies who must confer with the other 
agencies involved in fomulating a response. 
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12. Core Groups and the Child Protection 
  Plan (CPP)

12.1 The Lead Professional 
The Lead Professional will:  
•  Hold the overview of the child protection plan;  
•  Be responsible for the details of the child’s registration on the child protection register;  
•  Act as the investigating social worker, where agreed by inter-agency referral discussion, if further 
referrals are made whilst the child’s name remains on the child protection register;  
•  Ensure participants receive the agreed child protection plan within five calendar days of the child 
protection case conference;
•  Ensure that a record of all core group meetings is kept, and that any reviewed child protection plan 
produced is circulated. Whilst it is the responsibility of the lead professional to ensure meetings are 
recorded, amendment and circulation of the child protection plan and the arrangements for these tasks 
will be met jointly by the core group members by agreement.
12.2 Core Groups
12.2 (i) Function of Core Groups
A core group is a group of identified professionals, including the named person, who have a key role to 
play in the child protection plan, along with, where appropriate, the parents and child. The core group has 
responsibility for developing, implementing and reviewing the child protection plan, ensuring the welfare of 
the child remains paramount. 
Core group members and participants of the child protection case conference should receive a copy of the 
agreed child protection plan within five calendar days of the child protection case conference. 
The core group may provide a less formal setting where the child (ren)/parent(s)/carer(s) and others are 
encouraged to participate actively in the implementation of the child protection plan. 
The core group is convened on the direction of the child protection case conference. It reports back to 
the child protection case conference on the progress of the child protection plan at planned review child 
protection case conferences, or earlier if required. 
Where a core group identifies a need to make significant changes to the child protection plan they should 
notify the child protection case conference chair within three calendar days to consider the need for a 
review child protection case conference. 
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12.2 (ii) Purpose
The purpose of the core group is to:  
•  Ensure ongoing assessment of the needs and risks of the child(ren) placed on the child protection register;
•  Agree and implement a child protection plan, which must include checking progress of the plan and the 
frequency the child will be seen by professionals; 
•  Ensure effective continual communication between all agencies involved in implementing the child protection 
plan. 
Where there is no active engagement by parent(s)/carer(s) or young people, the core group will refer the matter 
back to the chair of the child protection case conference. 
12.2 (iii) Membership
The Core Group should comprise: 
•  The lead professional;
•  The named person; 
•  Professionals with active involvement, e.g. health professionals, education professionals, third sector 
worker, criminal justice social worker, drugs and alcohol worker and where appropriate, police; 
•  Parent(s)/caregiver(s) other significant adults (may be excluded during discussion of restricted access 
information; 
•  The child(ren)/young person where appropriate (may be excluded during discussion of restricted access 
information). 
As circumstances change, membership of the core group will be reviewed to ensure that appropriate key people 
are involved.
12.2. (iv) Attendance/Conduct
•  Members of the core group will attend all core group meetings and any review child protection case 
conference in relation to the child; 
•  Where a core group member deviates from the child protection plan or decision of the core group they must 
inform the lead professional who holds an overview of the child protection plan;
•  Services/support must not be withdrawn without discussion with the core group; 
•  Core group members will be responsible for disseminating the child protection plan to other relevant 
professionals within their agency.
 
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12.2 (v) Frequency
The Core Group meetings will:  
•  Commence on the date agreed by the initial child protection case conference but no later than 15 calendar
       days of the initial child protection case conference;
•  Continue as agreed in the child protection plan, taking account of changing circumstances, but in any case 
no less than every eight weeks;
•  Continue until de-registration of the child from the CPR.
12.2 (vi) Chair 
  
•  The core group will be convened and normally chaired by the lead professional.  In cases that are complex, 
contentious or present particular challenges a more senior professional may chair; 
•  Where the lead professional is not in attendance, e.g. sick leave, members of the core group can still meet 
and another core group member should take the role of chair.
12.2 (vii) Recording
•  A record of all core group meetings will be kept. This will include attendance and any progress or lack of 
progress of the child protection plan; 
•  Any amended child protection plan will be circulated to members of the core group and the chair of the 
child protection case conference; 
•  Any material changes to the child and/or family circumstances will be made known by the core group to 
those professionals/ agencies with involvement with the child and/or family. 
12.3 The Child Protection Plan (CPP)
12.3 (i) General 
A core component of GIRFEC and the Children and Young People (Scotland) Act 2014 is the child’s plan. 
The inter-agency core group is responsible for devising a detailed child protection plan that must follow 
registration on the child protection register. This is a multi-agency plan to manage the identified risks that a 
child/young person faces and promote improvements to their safety and wellbeing. 
It includes clear actions to be taken in all relevant aspects/circumstances affecting the child/young person’s 
life. It will determine the need for more integrated assessment and work to be carried out with the child and/
or family to manage and reduce risk to the child.
It should be adapted according to changing circumstances including heightened or reduced risks. 
12.3 (ii) Purpose
The purpose of the child protection plan is to: 
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Safeguard the child(ren) from harm; 
•  Promote the child(ren)’s health and development;
•  Support the parent(s)/carer(s), the wider family and relevant others, where this is in the best interest of the 
child(ren), to promote the child’s wellbeing;
•  Support the child/young person to promote their own personal safety.
12.3 (iii) Content
The child protection plan will identify:
•  Key people involved and their responsibility, including the lead professional and named practitioners; 
•  Work to be undertaken and tasks to be carried out; 
•  Time scales; 
•  The support and resources required (in particular, access to specialist assistance) and the agreed outcomes 
for the child/young person; 
•  The process of maintaining and review of any contingency plans; 
•  Strengths and hazards in the child’s living circumstances;
•  The agreed outcome for the child or young person.
12.3 (iv) Considerations
In determining the child protection plan, the core group must:
•  Seek and consider the views of each child; 
•  Seek and consider the views of the parent(s)/carer(s) where this is consistent with the child’s welfare or the 
safety of others; 
•  Make the child protection plan available to the family and, where appropriate the child, in the most 
accessible format to ensure effective communication, taking account of language, disability or other 
additional needs; 
•  Make every effort to ensure understanding of the child protection plan by the child(ren)/parent(s)/carer(s) 
and to enlist their co-operation with its implementation.
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13. The Child Protection Register (CPR)
Every local authority area in Scotland maintains a register of children in that area deemed to be at an 
unacceptable level of risk by a child protection case conference. There is one child protection register 
for children in Edinburgh, East Lothian, Midlothian and West Lothian (The Edinburgh and Lothians Child 
Protection Register). 
At the conclusion of a child protection case conference (see Section 11) it will be explained to the child 
or young person  (where present), parents, carers or representatives, that their details will be placed on 
the child protection register. They should be advised that professionals who come into contact with the 
child or the family might know about the registration and the known or suspected risk to them. 
The purpose of this information is:
•  To let professional staff know that there has been an identified risk to the child concerned;
•  To assist staff to evaluate the current level of risk to the child.
Details of registration will be routinely shared with health, police and other local authorities to help 
protect children. 
Information from the child protection register is available 24 hours a day, 365 days of the year. 
 
The City of Edinburgh Council maintains the child protection register. 
Only authorised professionals may make an enquiry of the child protection register and reference should 
be made to agency specific procedures or practice notes for guidance.  
During normal working hours, the child protection register can be accessed by contacting Social Care 
Direct (see Appendix A for contact details). 
At other times the child protection register can be accessed through Emergency Social Care Services 
ESCS/SCET (see Appendix A for contact details).
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14. Provision of information to the Reporter
14.1 General 
Where information is received by a local authority that suggests that compulsory measures of 
supervision may be necessary in respect of a child, they shall:  
•  Cause inquiries to be made into the case unless they are satisfied that such inquiries are 
unnecessary; and
   
•  If it appears to them after such inquiries, or after being satisfied that such inquiries are 
unnecessary, that such measures may be required in respect of the child, give to the Reporter such 
information about the child as they have been able to discover. 
 
Where a constable has reasonable cause to believe that compulsory measures of supervision may be 
necessary in respect of a child they shall:  
•  Give to the Reporter such information as they have been able to discover. 
Anyone else may refer a child to the Reporter if they believe the child maybe in need of compulsory 
measures of supervision. 
The Reporter is an independent official employed by the Scottish Children’s Reporter Administration 
(SCRA) with the responsibility to receive referrals and make decisions as to whether any child should 
be referred to a children’s hearing.  (For Grounds of Referral to a Children’s Hearing see the Children’s 
Hearing (Scotland) Act 2011, Section 67(2)) . 
14.2 Case Conference Referrals to the Reporter  
•  Every child protection case conference has to consider whether to refer a child to the Reporter. 
Where such a decision is made the referral must be made in writing within ten calendar of the child 
protection case conference; 
•  Where the child protection case conference decides not to make a referral to the Reporter, any 
individual or agency can still make an independent referral; 
•  Minutes of a child protection case conference should be sent to the Reporter only if there is either 
an intention to make a referral or if the child has already been referred and the Child protection 
case conference report provides further information. Minutes of child protection case conferences 
should not be sent routinely to Reporters.  
14.3 Investigation by the Reporter 
        
 Where a Reporter receives a referral they may make such initial investigation as is necessary to 
determine: 
•  Whether a child may be in need of compulsory measures of supervision; 
 
•  Whether there may be sufficient evidence to prove one of the grounds of referral found in Section 
67 (2) of the Children’s Hearing (Scotland) Act 2011. 
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14.4 Decisions by the Reporter  
The following decisions are open to the Reporter:  
•  To take no further action; 
•  To refer to the local authority for voluntary measures of supervision;  
•  To refer to a children’s hearing. 
The latter decision will only be taken if the Reporter believes:  
•  A child may be in need of compulsory measures of supervision; 
and;
•  There is sufficient evidence to prove a ground of referral found in section 67 (2) of the Act. 
14.5 Children’s Hearing  
The Children’s Hearing may decide: 
•  To discharge any referral;  
•  To make a supervision requirement with or without conditions; 
 
•  To continue the matter for further information and issue a warrant if necessary for the immediate 
protection of the child. 
The Children’s Hearing can only proceed if the grounds of referral have either been accepted and 
understood by both children and parents or established by a Sheriff.
14.6 The Sheriff  
If the grounds upon which a child has been referred to a children’s hearing are not understood, e.g. the 
child is too young to understand, or not accepted by either child or parent(s), the matter may be referred 
to the Sheriff for proof. The Principal Reporter is responsible for conducting the proceedings, including 
leading witnesses in support of the grounds of referral.  
Children and parents may be legally represented separately and a Safeguarder may also be appointed.  
The provisions of the Vulnerable Witnesses (Scotland) Act 2005 apply to any child or vulnerable adult 
cited to appear in court. In respect of all grounds where a child is alleged to have committed an offence, 
the standard of proof required will be the criminal standard (beyond all reasonable doubt) and not the 
civil standard of proof (the balance of probabilities).
The Sheriff will either:  
•  Find the grounds of referral not established and discharge the referral; or 
•  Establish the grounds and remit the case back to a children’s hearing. Any appeal against a final 
decision of a children’s hearing would be heard by the Sheriff. 
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14.7 Safeguarder  
The Safeguarder is an independent person appointed by either a Children’s Hearing or Sheriff and acts 
in the best interests of the child. The Safeguarder provides an independent assessment regarding the 
child’s needs, risks and other relevant circumstances. 
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15. Allegations against current or previous 
 employees/carers/volunteers

15.1 General 
The term ‘agencies’ in this section does not only refer to the core agencies of health, social work 
services and police, but to all other agencies, groups or individuals who provide services for children 
and/or families. This includes whether directly or indirectly employed by the core agencies or by way of 
contract, voluntary work, caring, or in any other capacity.  
The terms ‘staff’ and ‘employee’ are used throughout this section and refer to any person who carries 
out any service, including voluntary work, for children and/or families on behalf of agencies, groups or 
individuals. 
All allegations of suspected abuse against staff must be taken seriously. Allegations may be made 
against members of staff currently involved with children, but may also be made against staff who are 
no longer involved in the provision of services. In all circumstances, the matter must be treated seriously 
and the response must be prompt.  
All allegations against employees must be dealt with transparently, but with considerable sensitivity 
to the management of information. The following inter-agency requirements will be met where an 
allegation is made against any member of staff: 
•  An inter-agency referral discussion will be initiated by the person/ manager on becoming aware of 
the allegation against a member of staff;
•  A designated senior manager within the service/agency will be informed by one of core agencies, as 
agreed by the inter-agency referral discussion;
•  The staff member subject of the allegation will not be interviewed concerning the matter prior to a 
decision being made at inter-agency referral discussion, as to whether the matter warrants a child 
protection investigation;
•  Consideration will be given at an early stage whether the employee should be suspended from 
duty pending the investigation, or whether some other measure (e.g. temporary redeployment) 
is required. At all times, the paramount consideration will be the protection of children and young 
people;
•  The inter-agency referral discussion will discuss with the appropriate service as to whether 
alternative care arrangements are required for any  child or children;
•  It is important that the employee is treated fairly and that his/her rights are respected during the 
investigative process;  
•  Consideration will be given to the control and management of information to service users and other 
staff.
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15.2 Historical abuse (non-recent abuse) 
Historical abuse includes all allegations of abuse whether of serious neglect or of a sexual or 
physical nature, which took place before the victim(s) was/were aged 16 years (or aged 18 in some 
circumstances) and are made after a significant period has elapsed. 
Often the complainant will be an adult, but some cases will apply to older children making allegations of 
abuse in early childhood.  
A “significant period” therefore will usually be a number of years between when the incident occurred 
and when it is reported, and may be as long as several decades.  
•  Inter-agency referral discussion will decide the action required on receipt of information concerning 
historical abuse; 
•  The inter-agency referral discussion should consider whether there is any potential risk from the 
alleged perpetrator(s) in relation to any other child or children.  This may be in a professional 
capacity, such as residential or care setting with a person; family setting in the wider community; 
with other institutional settings; or a combination. 
15.3 Recording 
Recording allegations of  a child protection concern, whether against staff or of an historical nature, 
must comply with Section 7.8, inter-agency referral discussion, of these procedures. Sensitivities 
in relation to allegations against members of staff must be considered, but must not impede the 
investigation and the protection of children. 
Where the matter is not considered to be a child protection concern a record of an allegation against a 
member of staff will be made.
15.4 Management of Staff  
Allegations of abuse against employees are a serious matter. Equally, all considerations need to be 
balanced to ensure that service users are protected, but employees are treated fairly, transparently and 
with due process. 
Where child protection or criminal investigations have ‘No findings’ or the employee is exonerated, it is 
important that managers give full consideration to the welfare of the member of staff returning to work 
following suspension or continuing work post-investigation. 
Concerns of service users and other staff may also require to be addressed.
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15.5 Flowchart: Allegations against Current/Previous Employees/Carers/Volunteers
Allegation of possible abuse by a ‘staff’ member
No
Inter-agency Referral Discussion decides matter is 
Deal with as internal 
child protection
possible discipline matter
Yes
•  Discussion with designated manager in service/agency
Keep parent(s), carers(s) 
child informed
•  Consider removing child from immediate care
•  Consider suspension of staff or other measure
•  Consider whether to commence internal discipline with CP/
criminal investigation retaining primacy
•  Consider locating investigation outwith the area
Record as  
‘allegation against staff’
Keep parent(s), carer(s) child, initial referrer 
informed of Inter-agency Referral Discussion
On conclusion:
•  Record as ‘allegation against staff’
•  Consider needs of staff if returning/continuing work
•  Consider concerns of service users/other staff
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Appendix A - Contact Details
East Lothian
East and Midlothian Public Protection Committee

Public Protection Office
F28-Brunton Hall
Ladywell Way
Musselburgh, EH21 6AF
Tel: 0131 653 5150
Social Work
Children’s Wellbeing Services
Randall House, Macmerry Business Park
Macmerry, EH33 1RW
Tel: 01875 824 309
Adult Wellbeing Services
Randall House, Macmerry Business Park
Macmerry, EH33 1RW
Tel: 01875 824 309
Emergency Social Care Service (ESCS)
Tel: 0800 731 6969
Police 
Public Protection Unit
Tel: 101
Health 
Paediatricians On Call for Child Protection Office Hours
East Lothian 0131 446 4123
 
Out of hours: 0131 536 0000 and ask for the ‘Paediatrician On-call for Child Protection’
Assistant Director for Public Protection
Block B, Royal Victoria Hospital, 13 Craigleith Road,Edinburgh,EH4 2DN
Tel. 0131 537 5290
Child Protection Advisor
Musselburgh Primary Care Centre
Inveresk Road
Musselburgh
East Lothian
Tel: 0131 446 4114 Mobile: 0790 987 7672
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Scottish Children’s Reporter Administration
The Reporter
Mid and East Team
1 Fountainhall Road
Edinburgh, EH9 2NL
Tel: 0300 200 1666
Fax: 0300 200 1630
Edinburgh
Edinburgh Child Protection Committee

Level 1/7, Waverley Court, 4 East Market Street
Edinburgh, EH8 8BG
Tel:0131 553 8378
Social Work
Children and Families Social Care Direct 
West Wing , South Neighbourhood Office 
40 Captains Road
Edinburgh, EH17 8QF
Tel: 0131 200 2327
  
East Neighbourhood 
Craigmillar Social Work Centre, 
171 Duddingston 
Park South, Edinburgh, EH15 3EG 
Tel: 0131 657 8500 
North Neighbourhood 
Muirhouse Social Work Centre 
34 Muirhouse Crescent 
Edinburgh, EH4 4QL 
Tel: 0131 343 1991 
 
Leith Neighbourhood  
Leith Social Work Centre 
The Fort
25 North Fort Street
Edinburgh, EH6 4HF
Tel: 0131 469 3100
South Neighbourhood 
Captains Road Social Work Centre
40 Captains Road
Edinburgh, EH17 8QF
Tel: 0131 529 5300 
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South West Neighbourhood 
Wester Hailes Healthy Living Centre
30 Harvesters Way
Edinburgh, EH14 3JF 
Tel: 0131 453 9100 
West Neighbourhood 
Westfield House Social Work Centre 
5 Kirk Loan 
Edinburgh,EH12 7HD
Tel: 0131 334 9933 
Emergency Social Care Service (ESCS) 
Tel: 0800 731 6969
Police
Public Protection Unit 
Tel: 101
Health
Paediatrician On-call for Child Protection 
NHS Lothian (contact from 9-5pm Mon-Fri
Tel: 0131 536 0467   Out of hours: 0131-536-0000 Ask for the ‘Paediatrician On-call’ for Child Protection.
Assistant Director for Public Protection
Block B, Royal Victoria Hospital, 13 Craigleith Road, Edinburgh, EH4 2DN
Tel: 0131 537 5290
Child Protection Advisor (South)
Block B, Royal Victoria Hospital, 13 Craigleith Road, Edinburgh, EH4 2DN
Tel: 0131 537 5294
Mobile: 07919545557
Child Protection Advisor (North)
Block B, Royal Victoria Hospital, 13 Craigleith Road, Edinburgh, EH4 2DN
Tel: 0131 537 5300
Child Protection Advisor
(Maternity Services Edinburgh, East & Midlothian, Royal Infirmary Edinburgh, including Neonatal Unit, 
Prepare Team, Royal Hospital for Sick Children and associated services, and Minor Injuries Unit Wester 
General Hospital)
The Bungalow, Community Child Health 10 Chalmers Crescent Edinburgh EH9 1TS
Tel. 0131 536 0170  Mobile. 07917 277 415
Scottish Children’s Reporter Administration 
The Reporter
Edinburgh Team
1 Fountainhall Road 
Edinburgh, EH9 2NL
Tel: 0300 200 1666, Fax: 0300 200 1630
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Midlothian
East and Midlothian Public Protection Committee

Public Protection Office
F28 Brunton Hall
Ladywell Way
Musselburgh, EH21 6AF
Tel: 0131 653 5150
Social Work
Dalkeith Social Work Centre 
11 St Andrew Street 
Dalkeith, EH22 1AL
 Tel: 0131 271 3860
Emergency Social Care Service (ESCS)
Tel: 0800 731 6969
Police
Public Protection Unit
Tel: 101
Health
Paediatrician On-call for Child Protection Midlothian
(contact from 9-5pm Mon-Fri): 0131 446 4123
Out of hours: 0131 536 0000 
Ask for the ‘Paediatrician On-call for Child Protection’.
Assistant Director for Public Protection 
Block B, Royal Victoria Hospital, 13 Craigleith Road, Edinburgh, EH4 2DN 
Tel: 0131 537 5290
Child Protection Advisor
Musselburgh Primary Care Centre, Inveresk Road, Musselburgh, East Lothian
Tel: 0131 446 4114  Mobile: 0790 987 7672
Scottish Children’s Reporter Administration  
The Reporter
East and Mid Team
1 Fountainhall Road
Edinburgh, EH9 2NL
Tel: 0300 200 1666
Fax: 0300 200 1630 
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West Lothian 
West Lothian Child Protection Committee

c/o Lead Officer for Child Protection
1st Floor, Civic Centre
Howden South Road
Livingston, EH54 6FF
Tel: 01506 281845
Social Work
Bathgate Children and Families Team
69 Whitburn Road 
Bathgate, EH48 1HE
Tel: 01506 776 700
Broxburn Children and Families Team
Strathbrock Partnership Centre
189a West Main Street 
Broxburn EH52 5LH
Tel: 01506 775 666
Livingston Children and Families Team
New Cheviot House 
Almondvale Boulevard
Livingston EH54 6QN
Tel: 01506 282252
Social Care Emergency Team (SCET) (out of office hours)
Tel: 01506 281028
Police
Public Protection Unit 
Tel: 101
Health
Paediatrician On-call for Child Protection
Community Child Health, St. John’s Hospital, Howden, Livingston, West Lothian, EH54 6PP
(contact from 9-5pm Mon-Fri) Tel: 01506 524412. Out of hours: 0131 536 0000 
Ask for the ‘Paediatrician On-call for Child Protection’.
Assitant Director for Public Protection 
Block B, Royal Victoria Hospital, 13 Craigleith Road, 
Edinburgh, EH4 2DN
Tel: 0131 537 5290
Child Protection Advisor
West Lothian Community Health Care Partnership and School Nursing, The Residences, St. John’s 
Hospital, Livingston, EH54 6PP
Tel: 01506 524 421    Mobile: 0776 964 3398
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Scottish Children’s Reporter Administration 
The Reporter
West Lothian Team
Civic Centre, Howden South Road
Livingston, EH54 6FF
Tel: 0300 200 1420 Fax: 0300 200 1436
Military Welfare Services 
 
Army Welfare Service (AWS) 
Divisional Welfare Support Officer (DWSO)
HQ 2 Div, Building 37, Craigiehall,
South Queensferry, 
West Lothian, EH30 9TN
Tel: 0131 310 2107 /2108
Divisional Personal Support Officer (DPSO)
HQ 2 Div, Building 37, Craigiehall,
South Queensferry, 
West Lothian, EH30 9TN
Tel: 0131 310 2618 /2108
Personal Support Team
Dreghorn Barracks, Redford Road
Edinburgh, EH13 9QW
Tel: 0131 310 2845
Lowlands Welfare Support Officer
Dreghorn Barracks, Redford Road
Edinburgh, EH13 9QW
Tel: 0131 310 2845
Highlands Welfare Support Officer
24 Wimberley Way 
Inverness, IV2 3XX
Tel: 01463 233 132
Royal Marines
Scotland Welfare Officer
RM Condor 
Arbroath 
Angus, DD11 3SJ
Tel: 01241 872 201 Ext 2015/6
Team Manager Naval Personal & Family Service
& Royal Marines Welfare Service
Northern Area Office 
Triton House, 1 - 5 Churchill Square 
Helensburgh, G84 9HL
Tel: 01436 672 798
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Royal Air Force
SSAFA Forces    
Help for informal discussion
RAF (UK), Social Work Service,
Social Work Team,
Tel: 01334 839 471
Ext. 7444/7656
To notify SSAFA where a child protection plan exists in this country for a child in a service family who 
are to move overseas
 
Director of Social Work  
SSAFA Forces Help
Central Office 
19 Queen Elizabeth Street
London, SE1 2LP
Tel: 020 7403 8783
Fax: 020 7403 8815
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Appendix B - Glossary of terms and    
 
abbreviations 
Core Agencies:
Police Scotland, the local authority social work services and NHS Lothian.
Child protection register:
Edinburgh and Lothians Child Protection Register–Register for the local authorities of  City of Edinburgh, 
West Lothian, East Lothian and Midlothian holding names of children deemed, through a child protection 
case conference, to be at risk of significant harm.
Edinburgh, the Lothians and Scottish Borders Strategic Oversight Group:
Edinburgh, the Lothians and Scottish Borders Strategic Oversight Group are represented by chief 
officers from NHS Lothian, NHS Borders, Police Scotland, City of Edinburgh Council, East Lothian 
Council, Midlothian Council, Scottish Borders Council and West Lothian Council and provide strategic 
leadership and vision across all areas of public protection. 
ESCS:
Emergency Social Care Service (City of Edinburgh, East and Midlothian) – social work services out of 
normal working hours.
FP:
Forensic Physician – trained medical practitioner providing forensic services.
Getting it right for every child (GIRFEC): 
The GIRFEC approach is a Scotland-wide programme of action to improve the wellbeing of all children 
and young people. 
Health:
The National Health Service including all relevant disciplines, departments and contracted services.
Inter-agency Referral Discussion:
A tripartite series of discussions between the core agencies, which share relevant information; considers 
all information referred to it in respect of children/young people who may be at risk of harm; makes 
decisions and plans responses in relation to such information, and reviews the effectiveness of the 
implementation of such plans.
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Lead Professional: 
The lead professional is responsible for ensuring an agreed multi-agency child’s plan or child protection 
plan is produced to support a child. The lead professional role in child protection will typically be taken 
by the local authority social worker. 
The lead professional will be the main point of contact with the child, family and professionals to 
discuss the child protection plan and any changes in circumstances that may affect the plan. They will 
also ensure that the child protection plan is reviewed by the core group, who will collectively consider 
whether the plan is improving the child’s situation.
Named Person:
Under the GIRFEC approach, the named person role will be in place for every child and will be 
undertaken by an individual in universal services, i.e. health or education. Their role will be to act as the 
point of contact for children/ young people and families, and for other practitioners or members of the 
public. They will have a responsibility to promote, support and safeguard children’s wellbeing. The role 
will form part of their day-to-day work, and most children will get all the help and support they need 
from their families, universals services, and their community. 
At various times during childhood and adolescence, many children and young people will need some 
extra help. The named person should be in a position to provide or access information, advice and 
support to children and young people from within their own service, and when necessary to request 
support from other services or agencies.
SCET:
Social Care Emergency Team, West Lothian – social work services out of normal working hours.
Social Work Scotland:
This body replaces the former Association of Directors of Social Work (ADSW), providing  leadership for 
Social Work.
Social Work Services:
The department of the local authority responsible for the delivery of social work services to children, 
young people and their families. 
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Abbreviations 
CAPSM 
Children Affected by Parental Substance Misuse
CHS 
 
Criminal History System
CMA   
Comprehensive Medical Assessment
COPFS   
Crown Office and Procurator Fiscal Service 
CPC 
 
Child Protection Committee
CPCC   
Child Protection Case Conference
CPP 
 
Child Protection Plan
CPO 
 
Child Protection Order
DMS   
Designated Member of Staff
ELSBSOG           Edinburgh, the Lothians and Scottish Borders Strategic Oversight Group
FP 
 
Forensic Physician
INFO 2                 Information Network for Family Protection Officers
IRD 
 
Inter-agency Referral Discussion
JII 
 
Joint Investigative Interview
JIIT 
 
Joint Investigative Interview Training
JPF 
 
Joint Paediatric Forensic-medical examination
PNC 
 
Police National Computer
PND 
               Police National Database
PVG 
 
Protecting Vulnerable Groups
RAI 
 
Restricted Access Information
SCRA   
Scottish Children’s Reporters Administration 
SID 
 
Scottish Intelligence Database
STORM 
System for Tasking and Operations Resource Management
UNIFI   
Unified Force Intelligence 
VISOR   
Violent and Sexual Offenders Register
IVPD   
Interim Vulnerable Person’s Database
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Appendix C - Alerting signs of child abuse and 
child protection in specific circumstances

It is important that any such lists are not considered as completely definitive or exhaustive.
The information in such lists has to be used in the context of the child’s whole situation and in 
combination with a range of other information in relation to the child and his/her circumstances.
Some behaviour, e.g. covering arms/legs in hot weather and avoidance of swimming/Physical Education 
(PE), may be due to sensible precautions against sunburn or cultural issues about dress/changing etc.
There can be an overlap between all the different forms of child abuse, and all or several can coexist.
Physical Abuse
Signs of possible physical abuse: 
•  Unexplained injuries or burns, particularly if they are recurrent; 
•  Improbable excuses given to explain injuries; 
•  Refusal to discuss injuries; 
•  Untreated injuries, or delay in reporting or seeking treatment for them; 
•  Excessive physical punishment; 
•  Fear of returning home; 
•  Arms and legs kept covered in hot weather; 
•  Avoidance of swimming, Physical Education, etc; 
•  Aggression towards others; 
•  Running away; 
•  Frequent attendance at Accident and Emergency Departments.
When considering the possibility of non-accidental injury, it is important to remember that the injuries 
may have occurred for other reasons. Among the most important: 
•  Genuine accidental injuries, which are common. The nature and site of the bruising relative to the 
child’s age are important; 
•  Bleeding and clotting disorders; 
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•  Mongolian blue spots, which occur naturally in Asian, Afro- Caribbean and Mediterranean children; 
•  Skin disorders, e.g. impetigo; 
•  Rare bone diseases, e.g. brittle bones; 
•  Swelling or dislocation of the eye caused by tumour; 
•  Undiagnosed birth injury, e.g. fractured clavicle. 
Medical advice must be sought in all cases.
Sexual Abuse
Signs of possible sexual abuse:
Behavioural 
•  Lack of trust in adults or over familiarity with adults; 
•  Fear of a particular individual; 
•  Social isolation - withdrawal and introversion; 
•  Sleep disturbance; 
•  Running away from home; 
•  Girls taking over the mothering role; 
•  Reluctance or refusal to participate in physical activity or to change clothes for activities; 
•  Low self-esteem; 
•  Drug, alcohol or solvent abuse; 
•  Display of sexual knowledge beyond child’s years; 
•  Unusual interest in the genitals of adults, children or animals; 
•  Expressing affection in inappropriate ways; 
•  Fear of bathrooms, showers, closed doors; 
•  Abnormal sexualised drawing(s); 
•  Fear of medical examinations; 
•  Developmental regression; 
•  Poor peer relations; 
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•  Over sexualised behaviour; 
•  Eating disorders; 
•  Compulsive masturbation; 
•  Stealing; 
•  Psychosomatic factors; 
•  Sexual promiscuity.
Physical/Medical
 
•  Sleeplessness, nightmares, fear of the dark; 
•  Bruises, scratches, bite marks to the thighs or genital areas; 
•  Itch, soreness, discharge, unexplained bleeding from the rectum, vagina or penis; 
•  Pain on passing urine or recurrent urinary infection; 
•  Stained underwear; 
•  Unusual genital odour; 
•  Anxiety/depression; 
•  Eating disorder, e.g. anorexia nervosa or bulimia; 
•  Discomfort/difficulty in walking or sitting; 
•  Pregnancy - particularly when reluctant to name father; 
•  Recurring urinary tract problem, vaginal infection or genital damage; 
•  Venereal disease/sexually transmitted infections; 
•  Soiling or wetting in children who have been toilet trained; 
•  Self-mutilation/suicide attempts.
Neglect 
Signs of possible neglect: 
•  Poor hygiene; 
•  Malnutrition and untreated medical concerns; 
•  Inadequate supervision; 
•  Hunger; 
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•  Significant lack of growth; 
•  Weight loss; 
•  Hair loss; 
•  Poor skin or muscle tone; 
•  Circulatory disorders. 
Emotional Abuse
 
Signs of possible emotional abuse: 
•  Low self esteem; 
•  Continual self-deprecation; 
•  Sudden speech disorder; 
•  Significant decline in concentration; 
•  Socio-emotional immaturity; 
•  “Neurotic” behaviour (e.g. rocking, head banging); 
•  Self-mutilation; 
•  Compulsive stealing; 
•  Extremes of passivity or aggression; 
•  Running away; 
•  Indiscriminate friendliness.
Domestic Abuse
Domestic abuse (as gender-based abuse), can be perpetrated by partners or ex-partners and can 
include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse 
(acts, which degrade and humiliate and are perpetrated against their will, including rape) and mental 
and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types 
of controlling behaviour such as isolation from family or friends). Domestic abuse occurs in all social 
groups, is not caused by stress, unemployment, poverty, alcohol, mental illness or by the victims who 
experience the abuse. Although most victims are women, men can also suffer domestic abuse, and it 
can also occur in same-sex relationships.
Children and young people living with domestic abuse are at increased risk of significant harm. 
Children’s experiences of domestic abuse vary widely, and they are often negatively impacted as a 
result of living in an environment characterised by fear. Children can be used as a tactic of control 
by perpetrators, including being asked to give information regarding the non-abusive parent, having 
threats made against them, or being forced to participate in abusive and belittling tactics towards the 
victim. Children living in a home with domestic abuse are also at greater risk of physical abuse. Children
can be affected regardless of whether they are directly witnessing abuse or being abused themselves. 
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Domestic abuse can profoundly disrupt a child’s environment, undermining their stability, and damaging 
their physical, mental, and emotional health.
The impact of domestic abuse on a child will vary, depending on factors including the frequency, 
severity and length of exposure to the abuse, presence of co-occuring alcohol or drug use, degree of 
control and isolation, as well as the age of the child. Domestic abuse can also impact on the child’s 
relationship with the non-abusive parent/carer through disrupting the development of healthy 
attachments, impacting on the non-abusive parent’s/carer’s mental health and coping skills, and 
controlling tactics used by the perpetrator (i.e. not letting the non-abusive parent/carer attend medical 
appointments, preventing the non-abusive parent/carer from showing affection to the child, etc.). It is 
important that both the child and the adult’s safety are considered in tandem.
The best way to keep both children and non-abusive parents/carers safe is to focus on early 
identification, assessment and intervention through skilled and attentive staff in universal services. It 
is also important to ensure appropriate referrals for the non-abusive parent are made to enable them to 
access support and consider various options in relation to their safety.
Domestic abuse is widely under-reported to the police. Given the reticence of victims to come forward, it 
is crucial that staff are aware of the signs of domestic abuse and routinely make appropriate enquiries. 
When undertaking assessment or planning for any child affected by domestic abuse, it is important 
that practitioners recognise that domestic abuse involves both adults and a child victims. The impact of 
domestic abuse on a child should be understood as a consequence of the perpetrator choosing to use 
violence rather than as a result  of the of the non-abusing parent’s/carer’s actions. 
Every effort should be made to work with the non-abusing parent/carer to ensure adequate and 
appropriate support and protection are in place to enable them to make choices that are safe for both 
them and the child. This may involve leaving an abusive situation, however, it is important to recognise 
that the point of separation from an abusive relationship is often the most dangerous time for both the 
non-abusive parent/carer and the child, and does not guarantee safety. As such, leaving may not be the 
safest option available and it is important to establish potential risks involved as well as consider all 
possible options in relation to safety.
At the same time, staff should maintain a focus on the perpetrator, making referrals to perpetrator 
programs when appropriate, and monitoring any risk resulting from ongoing abuse. When working with 
perpetrators it is important to consider any potential service generated risks that could be present and 
to take into account the non-abusive parent’s/carer’s safety during meetings and any arranged contacts.
Parental Drug Misuse and Parental Alcohol Misuse (CAPSM)
Drug misuse includes prescription as well as illegal drugs. The risks to and impacts on children of 
alcohol/drug-misusing parents and carers are known and well-researched. 
Alcohol and/or drug misuse during pregnancy can have a significant impact on the health of the unborn 
child. Parental alcohol and/or drug misuse can also result in sustained abuse, neglect, maltreatment, 
behavioural problems, disruption in primary care-giving, social isolation and stigma of children. 
Alcohol and/or drug-misusing parents/carers often lack the ability to provide structure or discipline in 
family life. Poor parenting can impede child development through poor attachment and the long-term 
effects of maltreatment can be complex. The capability of parents/carers to be consistent, warm and 
emotionally responsive to their children can be undermined. 
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Addiction staff also need to know when and how to share information to keep children safe, and should 
understand the contribution they can make to assessing risks, needs and planning. Planning is vital, 
particularly in the case of unborn children, and will often include input from agencies that do not have a 
frontline childcare role. The best interests of the child should always be the principal concern.  
Disability 
Children with disabilities are not only vulnerable to the same types of abuse as other children, they 
can also be more vulnerable to abuse. Children who are deaf or hard of hearing, or with behavioural 
disorders, learning disabilities and/or sensory impairments are particularly at risk. Neglect is the most 
frequently reported form of abuse, followed by emotional abuse. 
The definition of disability includes a comprehensive range of physical, emotional, developmental, 
learning, communication and health care needs. Children with disabilities  are defined as children in 
need under Section 93(4) of the Children (Scotland) Act 1995. 
Children with disabilities are more likely to be dependent on support for communication, mobility, 
manual handling, intimate care, feeding and/or invasive procedures. There may be increased parental 
stress, multiple carers and care in different settings (including residential); there may also be reluctance 
among adults, including practitioners, to believe in their abuse. 
Children with disabilities are likely to be less able to protect themselves from abuse. Limited mobility 
can add to their vulnerability. In addition, the network of carers around the child is likely to be larger 
than for a child without disabilities, which can be a risk factor in itself. While the majority of parents/
carers provide the highest standard of care for their child, in some cases they themselves will be 
perpetrators of abuse. 
Children looked after by parents/carers in the community can have complex health care needs, 
which include life-threatening conditions. Caring responsibilities, which may involve complex clinical 
procedures, can lead to considerable pressure on families. Reliance on physical, mechanical and 
chemical interventions to manage health and behaviour can leave these children particularly vulnerable 
to harm. The dependence of children with disabilities on medication may leave them exposed to further 
abuse, for example where medication is incorrectly, or not administered - either deliberately or through 
lack of knowledge and understanding. 
Children with disabilities are often highly dependent on their carers. They may be less resilient and 
failure to treat even minor ailments can have serious consequences. Practitioners may have an 
unrealistic view of parents/carers’ ability to cope. Parents/carers may be reluctant to admit that they 
can’t cope. To protect children with disabilities, assessments must cover the ability and capacity of 
parents/carers to cope with the demands being placed on them. 
When responding to concerns about a child with disabilities, expertise in child protection and disability 
should be brought together to ensure the child receives the same standard of service as a child without 
disabilities. It may be helpful to involve practitioners with experience of working with disabled children, 
such as speech and language therapists, residential workers or social workers specialising in disability. 
Practitioners should be aware of non-verbal communication systems, when they might be useful and 
how to access them, and should know how to contact suitable interpreters or facilitators. Assumptions 
should not be made about the inability of a child with disabilities to give credible evidence or withstand 
the rigours of the court process. Each child should be assessed carefully and supported to participate in 
the process where this is in their best interests. 
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The inter-agency referral discussion, in planning an investigation, should ensure specialist advice is 
sought at an early stage. Consideration should be given to the provision of support to the child, including 
with communication, and this may include communication boards/loop system. The inter-agency referral 
discussion should also identify a suitable location for any interview of the child and, where needed, 
allow for additional time for the investigation and briefing of staff, as well as time for breaks in line with 
the child’s needs. 
Children can also be affected by the disability of those caring for them. Parents/carers/siblings with 
a disability may have additional support needs relating to physical and or sensory impairments, 
mental illness, learning disabilities, serious or terminal illness, or degenerative conditions. These may 
impact on the safety and wellbeing of their children, affecting their education, physical and emotional 
development.
Additional notes for practitioners can be found using the link:
http://www.scotland.gov.uk/Resource/0045/00450942
Non-engaging Families 
Evidence shows that some adults will deliberately evade practitioner interventions aimed at protecting 
a child. In many cases of child abuse and neglect this is a clear and deliberate strategy adopted by 
one or more of the adults with responsibility for the care of a child. It is also the case that the nature 
of child protection work can result in parents/carers behaving in a negative and hostile way towards 
practitioners.
The terms ‘non-engagement’ and ‘non-compliance’ are used to describe a range of deliberate behaviour 
and attitudes, such as: 
•  Failure to enable necessary contact, e.g. missing appointments or refusing to allow  access to the 
child or to the home;  
•  Active non-compliance with the actions set out in the child’s plan or child protection plan;  
•  Disguised non-compliance, where the parent/carer appears to co-operate without actually carrying 
out actions or enabling them to be effective;  
•  Threats of violence or other intimidation towards practitioners.
 
Consideration needs to be given to determining which family member(s) may be stopping engagement 
from taking place and why, e.g. it may be the case that one partner is ‘silencing’ the other and that 
domestic abuse is a factor. 
Service users may find it easier to work with some practitioners than others, e.g. young parents may 
agree to work with a health visitor/public health nurse, but not a social worker. 
When considering non-engagement, practitioners should check that the child protection concerns and 
necessary actions have been explained clearly, taking into account issues of language, culture and 
disability, so that parents or carers fully understand the concerns and the impact on themselves and 
their child. 
If there are risk factors associated with the care of children, risk is likely to be increased where any of the 
responsible adults with caring responsibilities fail to engage or comply with child protection services. 
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Non-engagement and non-compliance, including disguised compliance, should be taken account of in 
information collection and assessment. Non-engagement and non-compliance may point to a need for 
compulsory or emergency measures. In what will often be challenging situations, staff may need access 
to additional or specialist advice to inform their assessments and plans. 
There is a risk of ‘drift’ before non-engagement is identified and action taken. If letters are ignored, or 
appointments not kept, weeks can pass without practitioner contact with the child. If parents/carers 
fail to undertake or support necessary actions, this should be monitored and the impact evaluated 
regularly. 
Good records must be kept, including contacts and whether they are successful or not, particularly 
during periods of high risk when children are not in nursery or school, e.g. Christmas and summer 
holidays. 
Staff need to be clear what action should be taken when contact is not maintained. Where the child is 
subject to compulsory measures of supervision, the Reporter should be notified if agencies are unable 
to gain access to the child. 
Core groups need to work effectively and collaboratively to deal with and counter non-engagement. 
Different agencies and practitioners will have different responsibilities. Effective multi-agency 
approaches provide flexibility so that, e.g. responsibility for certain actions can be given to those 
practitioners or agencies that are most likely to achieve positive engagement. All services should be 
ready to take a flexible approach. 
Given the nature of child protection work, non-engagement can sometimes involve direct hostility and 
threats or actual violence towards staff. All agencies should have protocols to deal with this, including 
practical measures to promote the safety of staff who have direct contact with families. In addition, 
staff should have the opportunity for debriefing after any incidents. 
Families or carers who are directly hostile are very challenging to practitioners. However, services to 
children should not be withdrawn without putting other protective measures in place. 
Children and young people experiencing or affected by mental health problems  
Two separate, but not unconnected issues should be considered in identifying, assessing and managing 
the risks faced by children affected by mental health problems: 
•  Children and young people who are experiencing mental health problems themselves; 
•  Children and young people whose lives are affected by the mental illness or mental health problems 
of a parent/carer.
Children and young people experiencing mental health problems  
The emotional wellbeing of children and young people is just as important as their physical health. 
Most children grow up mentally healthy, but certain risk factors make some more likely to experience 
problems than others.
Evidence also suggests that more children and young people have problems with their mental health 
today than 30 years ago. Traumatic events in themselves will not usually lead to mental health 
problems, but they may trigger problems in those children and young people whose mental health is 
not robust. 
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Changes, such as moving home or changing school, can act as triggers. Teenagers often experience 
emotional turmoil as their minds and bodies change and develop. Some find it hard to cope and turn 
to alcohol or drugs. Over the past 15 years, the incidence of self-harm and suicide among young people 
has increased. 
For some young people, mental health problems will severely limit their capacity to participate actively 
in everyday life and will continue to affect them into adulthood. Some may go on to develop severe 
difficulties and display behaviour that challenges families and services, including personality disorders. 
A small number of children with mental health problems may pose risks to themselves and others. For 
some, their vulnerability, suggestibility and risk levels may be heightened as a result of their mental 
illness. For others, a need to control, coupled with lack of insight into, or regard for, others’ feelings and 
needs may lead to them preying on the vulnerabilities of other children. It is imperative that services 
work closely together to address these issues and mitigate risks for these children and for others. 
Certain risk factors make some children and young people more likely to experience mental health 
problems than others. These include:
 
•  Having a long-term physical illness;  
•  Having a parent or carer who has had mental health problems, history of offending behaviour or 
problems with alcohol/drugs; 
 
•  Experiencing the death of someone close to them; 
 
•  Having parents who separate or divorce; 
•  Having been severely bullied or physically or sexually abused; 
 
•  Living in poverty or being homeless; 
•  Having a learning disability; 
•  Experiencing discrimination, perhaps because of their race, nationality, sexuality or religion; 
•  Acting as a carer for a relative; 
•  Having long-standing educational difficulties; and 
•  Forming insecure attachments with their primary carer. 
Child and Adolescent Mental Health Services (CAMHS) can provide an important resource in helping 
children and young people overcome the emotional and psychological effects of abuse and neglect. 
It is important that children and young people’s mental health is not seen solely as the preserve of 
psychiatric services; the causes of mental ill-health are bound up with a range of environmental, social, 
educational and biological factors. Waiting to access these services should not be a justification for 
inactivity on the part of other agencies.  
Children and young people affected by parental mental health problems
 
It is not inevitable that living with a parent/carer with mental health issues will have a detrimental 
impact on a child’s development and many adults who experience mental health problems can 
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parent effectively. However, there is evidence to suggest that many families in this situation are more 
vulnerable. 
A number of features can contribute to the risk experienced by a child or young person living with a 
parent or carer who has mental health problems. 
These include: 
•  The parent/carer being unable to anticipate the needs of the child or put the needs of the child 
before their own; 
•  The child becoming involved in the parent/carer’s delusional system or obsessive compulsive 
behaviour;  
•  The child becoming the focus for parental aggression or rejection;  
•  The child witnessing disturbing behaviour arising from the mental illness (often with little or no 
explanation); 
•  The child being separated from a mentally ill parent, for example because the latter is hospitalised; 
and 
•  The child taking on caring responsibilities inappropriate for his/her age.  
There are also factors, which may impact on parenting capacity, including:  
•  Maladaptive coping strategies or misuse of alcohol and/or drugs;  
•  Lack of insight into the impact of the illness (on both the parent/carer and child;)  
•  Poor engagement with services or non-compliance with treatment.
 
This list is not exhaustive. A number of other factors may need to be considered, including the 
attachment relationship and any instances of domestic abuse. Services involved with the parent/carer 
should consider the impact of these factors on the child’s needs. Where concerns are identified, these 
should be shared with children’s services. 
Where parents experience mental health problems, their needs may at times conflict with the needs of 
their child. Staff should bear in mind the importance of putting the child’s interests first. Effective 
partnership working across services is needed to ensure that children are protected and their short and 
longer-term needs met appropriately.
Children and young people who display harmful or problematic sexual behaviour  
Harmful or problematic sexual behaviour in children and young people can be difficult to identify. It 
is not always easy to distinguish between what is abusive and/or inappropriate and what constitutes 
normal adolescent experimentation. Practitioners’ ability to determine whether a child’s sexual 
behaviour is developmentally typical, inappropriate or abusive will be based on an understanding of 
what constitutes healthy sexual behaviour in childhood as well as issues of informed consent, power 
imbalance and exploitation. 
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In managing and reducing risk, the diversity of potential behaviour must be taken into account. Children 
and young people display a wide range of sexual behaviour in terms of: the nature of the behaviour; 
degree of force; motivation; level of intent; level of sexual arousal; and age and gender of their victim.
Broader developmental issues must also be taken into account, including the age of the young person, 
their family and background, their intellectual capacities and stage of development. Young people with 
learning difficulties are a particularly vulnerable and often overlooked group who may need specific 
types of interventions. 
Where abuse of a child or young person is alleged to have been carried out by another child or young 
person, such behaviour should always be treated seriously and be subject to a discussion between 
relevant agencies that covers both the victim and the perpetrator. In all cases where a child or young 
person displays problematic sexual behaviour, immediate consideration should be given to whether 
action needs to be taken under these Child Protection Procedures, either in order to protect the victim or 
to tackle concerns about what has caused the child/young person to behave in such a way. 
Identifying children and young people with problem sexual behaviour raises a number of dilemmas 
and issues for practitioners. When children and young people engage in such behaviour throughout 
childhood it can be developmentally and psychologically damaging to them as well as to others. They 
will normally require input from youth justice workers as well as health and education services. Other 
practitioners may also be involved, for example criminal justice workers (including Multi Agency Public 
Protection Arrangements (MAPPA) on some occasions). The interface with child protection processes, 
and occasionally with adult protection, also needs to be considered. 
 A risk assessment should be carried out to determine whether the child or young person should remain 
within the family home and, if necessary, to inform the decision as to what might be an appropriate 
alternative placement. In the event that an alternative placement is needed, residential staff or foster 
carers need to be fully informed about the problematic sexual behaviour and a risk management plan 
drawn up to support the placement. In most instances, a referral should be made to the Reporter so 
that the need for compulsory measures of supervision can be considered where these are not already in 
place. 
The two key aims of addressing problem sexual behaviour are risk assessment and risk management. 
They will be best achieved when children and young people learn to manage their sexual behaviour 
within the broader aim of learning to meet their needs in a socially acceptable and personally satisfying 
way. 
Risk management covers actions taken to reduce opportunities for the problem sexual behaviour to oc-
cur. A good risk management process should identify those children and young people who are most 
likely to commit further sexually abusive behaviour and who therefore need high levels of supervision. It 
should provide a robust mechanism through which concerns about a young person’s problematic behav-
iour can be shared with relevant agencies so that appropriate risk management measures can be taken. 
To manage risk effectively it is essential that: 
•  Risk management is embedded in the systems around the child and promoted by those who 
supervise and monitor the child on a daily basis;  
•  Safety plans are drawn up in the relevant environments, e.g. home, schools, communities and 
residential units.
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Harmful Traditional Practice
Female Genital Mutilation 
Female genital mutilation is a culture-specific abusive practice affecting some communities. It should 
always trigger child protection concerns. The legal definition of female genital mutilation is ‘to excise, 
infibulate or otherwise mutilate the whole or any part of the labia majora, labia minora, prepuce of the 
clitoris, clitoris or vagina. 
It includes all procedures, which involve the total or partial removal of the external female genital organs 
for non-medical reasons. There are four types of female genital mutilation ranging from a symbolic jab to 
the vagina to the partial or total removal of the external female genitalia. The Prohibition of Female Genital 
Mutilation (Scotland) Act 2005 makes it illegal to perform or arrange to have female genital mutilation 
carried out in Scotland or abroad. A sentence of 14 years imprisonment can be imposed. 
The procedure is usually carried out on children aged between four and ten years. It is a deeply rooted 
cultural practice in certain African, Asian and Middle Eastern communities. Justifications for female genital 
mutilation may include: 
•  Tradition; 
•  Family honour; 
•  Religion; 
•  Increased male sexual pleasure; 
•  Hygiene;  
•  Fear of exclusion from communities. 
A range of health problems, both immediate and long-term, are associated with the procedure. Short-
term effects can include haemorrhage and pain, shock and infection. Longer-term effects include bladder 
problems, menstrual and sexual difficulties and problems giving birth. The emotional effects of female 
genital mutilation may include flashbacks, insomnia, anger, difficulties in adolescence, panic attacks and 
anxiety. In western cultures, the young person may also be disturbed by western opinions of a practice, 
which they perceive as an intrinsic part of being female. 
Female genital mutilation is usually for strong cultural reasons and this must always be kept in mind. 
Action should be taken in close collaboration with other agencies and should be proportionate and 
sensitive to the cultural norms and pressures on parents/carers and children. Where possible, workers 
with knowledge of the culture involved may be able to assist, but the welfare of the child must always be 
paramount. Nevertheless, female genital mutilation should always be seen as a cause of significant harm 
and normal child protection procedures should be invoked. 
Some distinctive factors will need consideration: 
•  Female genital mutilation is usually a single event of physical abuse (albeit with very severe physical  
and mental consequences); 
•  There is a risk that a child or young person is likely to be sent abroad to have the procedure performed; 
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•  Where a child or young person within a family has been subjected to female genital mutilation, 
consideration needs to be given to other female siblings or close relatives who may also be at risk; 
•  An inter-agency referral discussion must be conducted without delay and will take account of other 
possible factors such as trafficking and/or forced marriage; 
•  Where other child protection concerns are present they should be part of the risk assessment 
process. They may include factors such as trafficking or forced marriage; 
•  Legal advice should be obtained where appropriate; 
•  Appropriate interpreters who are totally independent of the child or young person’s family should be 
used.
Honour-based violence
Honour-based violence is a spectrum of criminal conduct with threats and abuse at one end and honour 
killing at the other. Such violence can occur when perpetrators believe that a relative/community 
member, who may be a child, has shamed the family and/or the community by breaking their honour 
code. The punishment may include assault, abduction, confinement, threats and murder. 
The type of incidents that constitute a transgression include: 
•  Inappropriate make-up or dress; 
•  Having a boyfriend/girlfriend; 
•  Forming an inter-faith relationship; 
•  Kissing or intimacy in a public place; 
 
•  Pregnancy outside marriage;   
•  Rejecting a forced marriage.
Forced marriage
A forced marriage is defined as a marriage conducted without the full and free consent of both parties 
and where duress is a factor. Duress can include physical, psychological, financial, sexual and emotional 
pressure. A clear distinction must be made between a forced marriage and an arranged marriage.
 
An arranged marriage is one in which the families of both spouses are primarily responsible for choosing 
a marriage partner for their child or relative, but the final decision as to whether or not to accept the 
arrangement lies with the potential spouses. Both spouses give their full and free consent. The tradition 
of arranged marriage has operated successfully within many communities for generations. 
In Scotland, a couple cannot be legally married unless both parties are at least 16 on the day of the 
wedding and are capable of understanding the nature of a marriage ceremony and of consenting to the 
marriage.  Parental consent is not required. 
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The consequences of forced marriage can be devastating to the whole family, but especially to the young 
people affected. They may become estranged from their families and wider communities, lose out on 
educational opportunities or suffer domestic abuse.  Rates of suicide and self-harm are high. Some of 
the potential indicators of honour-based violence and forced marriage are listed below. 
Education 
•  Absence and persistent absence from education; 
•  Request for extended leave of absence and failure to return from visits to country of origin; 
•  Decline in behaviour, engagement, performance or punctuality; 
•  Being withdrawn from school by those with parental responsibility; 
 
•  Being prevented from attending extra-curricular activities; 
•  Being prevented from going on to further/higher education.
Health 
•  Self-harm; 
•  Attempted suicide;
•  Depression; 
•  Eating disorders; 
•  Accompanied to doctors or clinics and prevented from speaking to health practitioner in confidence; 
•  Female genital mutilation.
Police 
•  Reports of domestic abuse, harassment or breaches of the peace at the family home; 
•  Threats to kill and attempts to kill or harm; 
•  Truancy or persistent absence from school.
Cases of honour-based violence/forced marriage can involve complex and sensitive issues and care 
must be taken to make sure that interventions do not worsen the situation, e.g. mediation and involving 
the family can increase the risks to a child or young person and should not be undertaken as a response 
to forced marriage or honour-based violence. 
Efforts should be made to ensure that families are not alerted to a concern that may result in them 
removing the child or young person from the country or placing them in further danger. 
Concerns may be expressed by a child or young person about going overseas. They may have been told 
that the purpose is to visit relatives or attend a wedding. On arrival, their documents, passports, money 
and mobile phones are often taken away from them. These concerns should be taken seriously, although 
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practitioners must also be careful to avoid making assumptions. Such cases may initially be reported to 
the joint Home Office/Foreign and Commonwealth Office Forced Marriage Unit. 
As with all cases of forced marriage, confidentiality and discretion are vitally important. It is not 
advisable to contact an overseas organisation immediately to make enquiries. If a family becomes aware 
that enquiries are being made, they may move the child or young person to another location or expedite 
the forced marriage. 
When a child or young person has already been forced to marry, they will sometimes approach children’s 
social work services or the police because they are concerned that they may need to act as a sponsor for 
their spouse’s immigration to the UK. Practitioners should reassure the child or young person that they 
cannot be required to act as a sponsor until they are 21.
Confronting the family may be extremely risky for the child or young person and result in their being put 
under increased pressure to support the visa application. These risks need to be discussed with the 
child or young person. 
Cases of forced marriage may initially be reported to social work services as cases of domestic abuse. 
Spouses forced into marriage may suffer domestic abuse but feel unable to leave due to a lack of family 
support, economic pressures and other social circumstances. In some cases, they may fear having 
their own children taken away from them. In all cases, the social worker should discuss the range of 
options available to the child or young person, including the possibility of taking out a Forced Marriage 
Protection Order, and the possible risks. The social worker should also consult the Forced Marriage 
etc. (Protection and Jurisdiction) ( Scotland) Act 2o11, Multi-Agency Practice Guidelines for further 
information and resources. In addition, consultation can be sought from the named Lead Officer for 
Forced Marriage cases in each local authority. 
A spouse who is the victim of a forced marriage can initiate nullity or divorce proceedings to end the 
marriage, but should be made aware that a religious divorce will not end the marriage under UK law. 
Practitioners can access the Multi-Agency Practice Guidelines at http://www.scotland.gov.uk/
Publications/2011/12/22165750/4
Fabricated or Induced Illness 
Fabricated or induced illness in children is not a common form of child abuse, but practitioners should 
nevertheless be able to understand its significance. Although it can affect children of any age, fabricated 
and induced illness is most commonly identified in younger children. 
Where concerns do exist about the fabrication or induction of illness in a child, practitioners must work 
together, considering all the available evidence, in order to reach an understanding of the reasons for 
the child’s signs and symptoms of illnesses. A careful medical evaluation is always required to consider 
a range of possible diagnoses and a range of practitioners and disciplines will be required to assess and 
evaluate the child’s needs and family history. 
There are three main ways in which a parent/carer can fabricate or induce illness in a child. 
These are not mutually exclusive and include: 
•  Fabrication of signs and symptoms, including fabricating the child’s past medical history; 
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•  Fabrication of signs and symptoms and falsification of hospital charts, records and specimens of 
bodily fluids. This may also include falsification of letters and documents; 
•  Induction of illness by a variety of means. 
For those children who are suffering, or at risk of suffering significant harm, joint working is essential 
both to protect the child and where necessary to take action, within the criminal justice and child 
protection systems, against the perpetrators of crimes against children. All agencies and practitioners 
should: 
•  Be alert to potential indicators of illness being fabricated or induced in a child; 
 
•  Be alert to the risk of harm that individual abusers, or potential abusers, may pose to children in 
whom illness is being fabricated or induced; 
 
•  Share and help to analyse information so that an informed assessment can be made of the child’s 
needs and circumstances; 
 
•  Contribute to whatever actions (including the cessation of unnecessary medical tests and 
treatments) and services are required to safeguard and promote the child’s welfare;  regularly review 
the outcomes for the child against specific planned outcomes;  
•  Work co-operatively with parents/carers unless to do so would place the child at increased risk of 
harm;   
•  Assist in providing relevant evidence in any criminal or civil proceedings, should this course of action 
be deemed necessary.
 
The majority of cases of fabricated or induced illness in children are confirmed in a hospital setting. The 
first task for the paediatrician is to find out whether a child’s illness and individual symptoms and signs 
can be accounted for by natural causes. If not, the possibility that the illness has been fabricated or 
induced must be considered. 
Child and Adolescent Mental Health Services may be called to look at the effects on the child and 
establish whether the parent/carer suffers from an underlying disorder.
Police must investigate a possible crime. Social workers will co-ordinate the assessment of concerns 
about the child’s welfare or the risk of harm and support to parents/carers during the assessment. 
Co-ordinated planning and assessment are essential in the investigation of fabricated or induced illness. 
Some methods, such as the use of covert video surveillance, should be discussed and agreed by all 
services involved before being implemented. 
Fabrication of illness may not necessarily result in the child experiencing physical harm. However, there 
may still be concern about them suffering emotional harm and a thorough assessment of the child’s 
needs should be carried out.
Sudden Unexpected Death in Infants and Children 
Only a small number of children die during infancy in Scotland. While the majority of such deaths are 
as a result of natural causes, physical defects or accidents, a small proportion are caused by neglect, 
violence, malicious administration of substances or by the careless use of drugs. 
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One of the implications of Section 2 of the Human Rights Act 1998 is that public authorities have a 
responsibility to investigate the cause of a suspicious or unlawful death. This will help to support the 
grieving parents and relatives of the child, and it will also enable medical services to understand the 
cause of death and, if necessary, formulate interventions to prevent future deaths. 
There are occasions where the cause of death cannot be established. In such cases pathologists may 
classify the death as  Unascertained, pending investigations or as a Sudden Unexplained Death in 
Infancy (SUDI). Alternatively, they may choose to record the cause of death as ‘Sudden Infant Death 
Syndrome’ (by definition a death due to natural causes which have not been determined). 
The six guiding principles, which underpin the work of practitioners dealing with any infant or child 
death investigations are:  
•  Sensitivity; 
 
•  Open mind and balanced approach; 
 
•  Appropriate response to the circumstances; 
 
•  An inter-agency response; 
 
•  Sharing of information;  
 
•  Preservation of evidence. 
When the death of a child is reported to the police, a senior investigating officer should always be 
appointed to oversee the investigation, whether or not there are any obvious suspicious circumstances. 
It is important that the police and hospital/medical staff establish a collaborative approach to any such 
investigation. While it is appreciated that police and health practitioners have specific duties to perform, 
they should be sensitive to the nature of the inquiry and respect each other’s role. Relevant information-
sharing between police and health staff is expected to ensure that a comprehensive picture of what 
is known jointly is established at the outset and can then be updated throughout the subsequent 
investigation. 
Police should consider using suitably trained officers from force public protection units or equivalent for 
more specialist tasks during such an investigation, such as: 
•  Interviewing child witnesses; 
 
•  Obtaining other background information from specialist police databases and other agency records;  
 
•  Liasing with the relevant local authority social work services to ensure their records are checked, 
including the child protection register (and previous registrations if possible), and involve them in a 
strategy discussion, if appropriate. 
In cases where the child and their family were either not resident in, or had recently moved to the area 
where the death occurred, the senior investigating officer will ensure that information is sought from 
other police forces and partner agencies in any area where the child is known to have resided.
Investigations into the death of an infant/child will be particularly challenging. Nevertheless, it is 
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essential that a full and thorough investigation takes place and that it is undertaken in a tactful, 
sensitive and sympathetic manner.
Practitioners should collaborate to ensure that the fullest possible information is gathered and 
considered. Chief Officers need to ensure that staff have appropriate support during any investigations, 
particularly if the circumstances of the case lead to a significant case review. 
Practitioners can access the Practitioner’s Toolkit at http://www.sudiscotland.org.uk
Complex Child Abuse Investigations: Inter-agency Considerations 
Each investigation of complex abuse will be different, depending on the characteristics of the situation, 
its scale and complexity. Although complex abuse in residential settings has been widely reported in 
recent years, this can also occur within family networks, day care and other provision, such as youth 
services, sports clubs and voluntary groups, and via the Internet. 
Complex abuse investigations require thorough planning, effective inter-agency working and attention 
to the welfare needs of both child victims and adult survivors. This section aims to provide advice and 
guidance to practitioners who are faced with these difficult situations.
Where appropriate, definitions relating to various forms of abuse are provided, along with signposts to 
documents, which will not only support staff but help them understand an area of abuse with which they 
might be unfamiliar. 
Ritual Abuse 
Ritual abuse can be defined as organised sexual, physical, psychological abuse, which can be 
systematic and sustained over a long period of time. It involves the use of rituals, which may or may not 
be underpinned by a belief system, and often involves more than one abuser.
Ritual abuse usually starts in early childhood and uses patterns of learning and development to 
sustain the abuse and silence the abused. The abusers concerned may be acting in concert or using an 
institutional framework or position of authority to abuse children. 
Ritual abuse may occur within a family or community, or within institutions such as residential homes 
and schools. Such abuse is profoundly traumatic for the children involved (Working Together to 
Safeguard Children, Her Majesty’s Government (2006)). 
Ritual abuse can also include unusual or ritualised behaviour by organised groups, sometimes 
associated with particular belief systems or linked to a belief in spiritual possession. 
Abuse by Organised Networks or Multiple Abusers  
Several high profile cases, including Cleveland (1987) and Orkney (1991), and investigations within 
residential schools and care homes have highlighted the complexities involved in investigating alleged 
organised abuse and supporting children. Complex cases in which a number of children are abused by 
the same perpetrator or multiple perpetrators may involve the following:
•  Networks based on family or community links. Abuse can involve groups of adults within a family 
or a group of families, friends, neighbours and/or other social networks who act together to abuse 
children either ‘on or offline’; 
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•  Abduction. Child abduction may involve internal or external child trafficking and may happen for 
a number of reasons. Children cannot consent to abduction or trafficking. For further information, 
see the section on Child Trafficking; 
•  Institutional setting. Abuse can involve children in an institutional setting, e.g. youth 
organisations, educational establishments and residential homes or looked-after children living 
away from home being abused by one or more perpetrators, including other young people;  
•  Prostitution. In some cases, children may be recruited or abducted for commercial sexual 
exploitation.
In all of these contexts, where a single complaint about possible abuse is made by, or on behalf of, 
a child, agencies should consider the possibility that the investigation may reveal information about 
other children currently, or formerly, living within the same household, community or elsewhere. 
Allegations of organised abuse are also often made historically. 
Disclosures of abuse may come from adult survivors of childhood sexual abuse. In these cases, it is 
important that links are made with the national strategy for adult survivors of childhood sexual abuse. 
Children surviving organised abuse may fear revealing their experiences due to: 
•  Fear of pornography, photographs and digital images being released; 
•  Threats of harm to other children;  
•  Belief that they are complicit in the abuse;  
•  Belief in the rituals used to silence them;  
•  Fear and distrust of police and social workers;  
•  Fear of their potential involvement in criminal activity; 
•  Belief that their abusers are all-powerful and will punish them for disclosure. 
 
In a number of cases third sector organisations will be working with, or have knowledge of, relevant 
children and families. It is essential that these organisations have protocols in place, to ensure a 
consistent approach in their dealings with children and families.
Planning Considerations 
Some child protection cases are particularly complex because they can uncover, or be shown to be 
linked with, other cases of alleged abuse. It is not unusual for such complex investigations to extend 
beyond the boundaries of individual services. Detailed planning at strategic level is critical to ensure 
a consistency of approach with clear areas of accountability and responsibility determined from the 
outset. 
Chief Officers should be alerted in such circumstances, including where the concerns involve a child 
or children outwith the area. Senior managers from social work services and the police should ensure 
that arrangements for the joint investigation of linked cases are in place, so that children and adults 
are adequately protected. 
The planning of complex investigations needs to be undertaken at both strategic and operational 
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level. The tasks and functions of a strategic management group will vary from case to case, but should 
normally include the following key functions: 
•  To establish the terms of reference of the investigation; 
•  To take ownership of the strategic leadership of the investigation;
•  To agree the staffing of the investigation.  
Police and social work services should agree arrangements for convening planning meetings, setting 
up systems for sharing and updating information about the investigation’s progress and co-ordinating 
support. All relevant agencies and services should be involved in these discussions. 
Such cases require early involvement of the Procurator Fiscal and the Authority Reporter. Police and 
social work services should agree a strategy for communicating and liasing with the media and the 
public. If a large number of families, parents and carers are involved, the local authority should make 
special arrangements to keep them informed of events and plans to avoid the spread of unnecessary 
rumour and alarm. 
Parents/carers are usually entitled to the fullest possible information. In these circumstances, 
particularly where it may be unclear how many families are involved, decisions regarding  information-
sharing will be particularly complex. 
Agencies may need to restrict information provided to families and the public to avoid prejudicing 
criminal enquiries and this should be considered in the planning process. Parental involvement may 
need to be limited in order to safeguard the child and the reasons for this should be recorded. 
The investigation of complex child abuse may require specialist skills. Investigating team members 
need expertise in conducting investigations, child protection processes and children’s welfare, and 
they should be committed to working closely together. It may be necessary to involve agencies that are 
trusted by the child or other witnesses and to obtain specialist advice and support from agencies with 
particular knowledge of the issues. 
When cases involve several children and adults in different households, it will be in the interests of 
the criminal investigation to prevent suspects from communicating with each other and destroying 
evidence. This may mean coordinating investigations, interviews and other assessments. Action may 
need to be taken at a time of day when a family is more likely to be at home, such as early morning or 
evening, but agencies should avoid unnecessary disruption. 
It is good practice for the lead agencies to establish links with neighbouring authorities and agencies 
to ensure access to necessary resources, including skilled staff and specific facilities such as audio-
visual studios, when dealing with complex multiple or organised abuse cases. Any arrangement should 
identify the roles and responsibilities of different authorities and agencies. It should be borne in mind 
that where a child has been involved in pornography and constantly filmed or become accustomed to 
their image being manipulated, recording of interviews may be particularly alarming.
Child Exploitation and/or Trafficking  
Child trafficking typically exposes children to continuous and severe risk of significant harm. It involves 
the recruitment, transportation, transfer, harbouring and/or receipt of a child for purposes of 
exploitation. This definition holds whether or not there has been any coercion or deception, as children 
are not considered capable of informed consent to such activity. It applies to activity within a country as 
well as between countries. The Palermo Protocol broadens the definition of a child to under 18. 
Children are trafficked for a number of reasons within and between countries and continents. They 
may be trafficked for one type of exploitation, but sold into another, making simple categorisation 
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problematic. Forms of exploitation of child victims of trafficking include: 
•  Child labour, for example, on cannabis farms; 
 
•  Debt bondage; 
•  Domestic servitude; 
•  Begging;  
•  Benefit fraud; 
•  Drug trafficking/decoys; 
 
•  Illegal adoptions; 
•  Forced/illegal marriage (for further information, see the section on Honour based violence and 
forced marriage); 
 
•  Sexual abuse; 
 
•  Sexual exploitation.
Tackling child trafficking requires a multi-agency response at all levels. All agencies and practitioners 
must be aware of the issues pertaining to child trafficking and of the potential indicators of concern. 
There are two distinctive issues related to child trafficking, which make handling more complex than in 
many other child protection cases. These are identification and wider legal concerns. 
Child trafficking can be difficult to identify. By its very nature, the activity is hidden from view, so 
practitioners need to be sensitive to the indicators of trafficking when investigating concerns about 
particular children. 
There are no validated risk assessment tools, which can predict the risk of trafficking or definitively iden-
tify those who have been trafficked. However, an indicator matrix has been developed, setting out a list 
of factors often associated with children who have been trafficked or who are at risk. This can be found 
http://www.scotland.gov.uk/topics/justice/crimes/humantraffick 
While the presence of any factor does not provide definitive evidence, the indicators do point to the 
possibility of trafficking, particularly when more than one are present at the same time. The indicators 
may apply to both UK nationals and/or migrant children and to both boys and girls. Practitioners should 
keep them in mind when working with children and making an initial assessment. The indicators do not 
replace child protection investigations and the presence, or otherwise, of trafficking suspicions should 
not preclude the standard child protection procedure being implemented. 
It is essential to take timely and decisive action where child trafficking is suspected because of the high 
risk of the child being moved. Action should not be postponed until a child realises, agrees or divulges 
that they have been trafficked. Often, children are threatened with punishment if they speak. Also, they 
may not be aware that they are victims of trafficking. 
Trafficking raises important legal issues, which require the involvement of specific agencies within the 
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UK. As a signatory to the Council of Europe Convention on Action Against Trafficking in Human Beings, 
the UK has a responsibility to implement a specific mechanism for identifying and recording cases of child 
trafficking. This formal procedure, known as the National Referral Mechanism, became operational on 1 
April 2009. From this date, new arrangements came into force to allow all cases of human trafficking to be 
referred by frontline agencies for assessment by designated competent authorities. In the UK, the compe-
tent authorities are the UK Human Trafficking Centre and a linked authority within the UK Border Agency, 
which handles cases of immigration and asylum. 
If an agency or practitioner believes that a child they are in contact with is, or may have been, trafficked 
they should initially consult the indicator matrix and contact social work services. The child’s safety 
remains the principal consideration and all necessary actions and these inter-agency child protection 
procedures will be followed to ensure that they are protected. 
In cases where a child may have been trafficked, their carer may be involved in the trafficking or 
exploitation. Seeking their consent could put the child at further risk or lead to their being moved 
elsewhere. Unless there is clear evidence that seeking consent would in no way harm the child, referring 
agencies should not seek the carer’s consent.
Child Sexual Exploitation
The sexual exploitation of children and young people is an often hidden form of child sexual abuse, with 
distinctive elements of exploitation and exchange. In practice, the sexual exploitation of children and 
young people under 18 might involve young people being coerced, manipulated, forced or deceived into 
performing and/or others performing on them, sexual activities in exchange for receiving some form 
of material goods or other entity (for example, food, accommodation, drugs, alcohol, cigarettes, gifts, 
affection). Sexual exploitation can occur through the use of technology and without the child’s immediate 
recognition. 
In all cases those exploiting the child/young person have power over them by virtue of their age, gender, 
intellect, physical strength and/or economic or other resources. Violence, coercion and intimidation are 
often common features; involvement in exploitative relationships being characterized in the main by the 
child/young person’s limited availability of choice resulting from their social, economic and/or emotional 
vulnerability.
In some cases, the sexual activity may just take place between one young person and the perpetrator 
(whether an adult or peer). In other situations a young person may be passed for sex between two or more 
perpetrators or this may be organised exploitation (often by criminal gangs or organised groups).
Sexual exploitation is abuse and should be treated accordingly. Practitioners should be mindful that a
‘dual approach’ is key in tackling child sexual exploitation, whilst a young person must be both engaged 
with and supported, there must also be a focus on proactive investigation and prosecution of those 
involved in sexually exploiting the young person.
Vulnerabilities:  In a high proportion of cases, victims of child sexual exploitation will have one or more 
social, situational, psychological or physical vulnerabilities.
Vulnerabilities can include:
•  A history of abuse, neglect and/or disadvantage;
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•  Being looked after, or formerly looked after;
•  Disrupted family life, including family breakdown, domestic violence and/or problematic parenting;
•  Disengagement from education and isolation from other support mechanisms;
•  Going missing from home or care environments;
•  Drug and alcohol misuse;
•  Homelessness;
•  Poor health and wellbeing, social isolation, bullying or low self-esteem.
Under-age sexual activity
Increasing numbers of young people are engaging in a range of sexual activity before the age of 16. The 
reasons behind this behaviour vary considerably. In some cases, the activity will be wholly consensual; 
in others it will happen in response to peer pressure or as the result of abuse or exploitation. Young 
people who are sexually active will, therefore, have differing needs, so services and practitioners must 
provide a range of responses.
The law is clear that society does not encourage sexual intercourse in young people under 16. However, 
it does not follow that every case presents child protection concerns and it is important that a 
proportionate response is made.
The Sexual Offences (Scotland) Act 2009, sets out a legal definition of consent, clarifies offences of rape 
and, where previous legislation differentiated between girls and boys, the legislation is gender neutral.
The ‘younger child’
Where a child is, or was at the time of any sexual activity, under 13 years of age, they are a ‘younger 
child’ and no assessment is necessary before making a child protection referral without delay. 
The  ‘older child’
Under the Act an older child has attained the age of 13 years, but has not attained the age of 16 years.
Children with a disability, affected by poverty, looked after children or children living away from home, 
those who have been previously abused, or as a consequence of their sexual identity may be at greater 
risk of sexual abuse or exploitation.
When a practitioner becomes aware that an ‘older child’ is sexually active or is likely to become sexually 
active since they have  a duty of care to ensure that the young person’s wellbeing needs are addressed 
and to assess whether the sexual activity is of an abusive or exploitative nature and  should undertake 
an assessment of risks and needs so that the appropriate response can be provided.
Within this assessment the practitioner will consider:
•  Is the child under the age of 13 or did the sexual activity take place when the child was under 13?  If 
so, there should be an immediate child protection referral to one of the core agencies. The law is 
quite clear that children under age of 13 have no capacity to consent to sexual activity;
•  Did the older child understand the sexual behaviour they were involved in?
•  Did the older child agree to the sexual behaviour at the time?
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•  Did the older child’s own behaviour e.g. use of alcohol or other substances place them in a position 
where their ability to make an informed choice about the sexual activity was compromised?
•  Was the older child able to give informed consent?  e.g. mental health issues, learning disability or 
any other condition that would heighten the young person’s vulnerability;
•  Was the older child given a sense of affection in return i.e. exploited by the other party?
For further information see:
Under-age Sexual Activity: Meeting the Needs of Children and Young People and Identifying Child 
Protection Concerns
http://www.scotland.gov.uk/Publications/2010/12/02143509/1
Other factors to consider in the assessment of risk:
•  Was the older child, male or female, frequenting places used for prostitution?
•  Is there evidence of the older child being sexually exploited or involved in the making of 
pornography? 
•  Was the young man frequenting places where men have sex with men in circumstances where 
additional dangers, for example, physical assault, might arise?
•  Were there other concerning factors in the older child’s life which may increase their vulnerability? 
(e.g. homelessness)
•  Did the older child deny, minimise or accept the concerns held by practitioners?
The ‘other person’ involved in the sexual activity – it will be important to establish if the ‘other person’ is 
an  ‘older child’ or if they are an adult. In either case consideration must be given to;
   
•  Whether any ‘grooming’ was used to establish a relationship (i.e provision of gifts, treats or money, 
befriending the child or family, using the internet to develop relationships);
•  Whether there was coercion or any other relevant imbalance present in the relationship? (e.g., 
differences in size, age, material wealth and/or psychological, social, intellectual and physical 
development );
•  Whether issues of gender, race and levels of sexual knowledge were used to exert power;
•  It should not automatically be assumed that power imbalances do not exist for two older children 
similar in age or of the same sex;
•  Whether manipulation, bribery, threats, aggression and/or coercion, involved? (e.g. was the young 
person isolated from their peer group or was the older child given alcohol or other substances as a 
dis-inhibitor).
Other factors to consider in the assessment of risk:
•  Was the older child, male or female, frequenting places used for prostitution?
•  Is there evidence of the older child being involved in prostitution or the making of pornography?
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•  Was the young man frequenting places where men have sex with men in circumstances where additional 
dangers, for example, physical assault, might arise? 
•  Were there other concerning factors in the older person’s life which may increase their vulnerability? (e.g. 
homelessness);
•  Did the older child deny, minimise or accept the concerns held by practitioners.
If, on completion of the assessment of risk, there are no child protection concerns, there may still be needs to 
be addressed either on a single agency or multi-agency basis.
Young runaways and those forced to leave  home 
This can include any child or young person under the age of 16, who is absent from their domicile without the 
reasonable authority of those responsible for or in charge of them, and who needs a service either to find and 
return them to that place (where it is safe or in the child’s interests to do so), or to:
•      Keep them safe;
•      Ensure an appropriate and proportionate response to their needs;
•      Meet statutory obligations;
and under the age of 18 who runs from substitute care.
Children who go missing from home or care may do so because they are running away from a source of danger 
or have been forced to leave; or because they are running to something or someone. 
They can be at significant risk as they may need to find a safe alternative place to stay, often with few
resources. This can result in begging or stealing or staying with a complete stranger.
 Online Child Safety
New technologies, digital media and the internet are an integral part of children’s lives. Whether on a 
computer at school or at home, a tablet, a games console or mobile phone, children and young people are 
increasingly accessing the internet. This has enabled new forms of social interaction to emerge, for example, 
through social networking websites and online gaming. But these new technologies also bring a variety of 
risks from adults and peers, such as: exposure to obscene, violent or distressing material; bullying, coercion 
or intimidation through email and online (cyber-bullying), identity theft and abuse of personal information; 
pro-eating disorder, self-harm or suicide sites; and sexual exploitation by online predators – for example, 
grooming.
Where police undertake investigations into online child abuse, or networks of people accessing, or 
responsible for, images of sexually-abused children inter-agency child protection procedures should be 
followed. This may include children or young people who have been victims of the abuse or children and/or 
young people who have close contact with the suspected perpetrator. In many cases, they will
 have been targeted because they were already vulnerable. 
Children, young people, parents, carers and practitioners need to understand the risks the internet and mobile 
technology can pose so that they can make sensible and informed choices. Practitioners and carers need to 
support young people to use the internet and mobile technology responsibly, and know how to respond when 
something goes wrong.
For more information, see the following.
http://www.scotland.gov.uk/Topics/People/Young-People/protecting/child-protection/internet-safety
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Appendix D - Military Welfare Services 
Army Welfare Service (AWS) 
The welfare of army families whose children are considered by a social work service to be
at risk is the responsibility of the Army Welfare Service. The Army Welfare Service provides a 
confidential professional welfare support service to all Army personnel and their families through Army 
Welfare Workers (AWW).
Where a child of an Army family is subject of a child protection referral:
•  Social work (Children and Families) will liase with the Army Welfare Services Personal Support Team; 
•  The team will be invited to send a representative to any Child protection case conference concerning 
an Army child.
Social work services can also liaise on more general matters with the two Welfare Support Officers 
(WSO) who between them cover the whole of Scotland. They respond to the Divisional Welfare Support 
officer (DWSO) who works together with the Divisional Personal Support Officer (DPSO), a qualified 
social worker, in the Army Headquarters 2nd Division (Appendix A for contact details).
Royal Marines 
All welfare matters within the Royal Marines are dealt with by the Royal Marine Welfare Service (RMWS), 
which is now formally aligned with the Naval Personal and Family Service (NPFS). This is a non-statutory 
agency, which provides a confidential and professional service to all Royal Marine personnel and their 
families.
Where a child of a Royal Marine family is subject of a child protection referral:
•  Social work (Children and Families Services) will liaise with the Royal Marine Welfare Service;
•  The team will be invited to send a representative to any Child protection case conference concerning 
a Royal Marine child.
The Royal Marine Welfare Service will negotiate service action on behalf of families. In the event that 
no-one is available at RM Condor within the Welfare Team, contact should be made with the main NPFS 
office in Scotland (Appendix A for contact details).
Royal Air Force (RAF) 
The Royal Air Force is supported by an independent social work service known as SSAFA Forces Help 
(The Soldiers, Sailors and Airmen’s Families Association). Most stations have trained Personal and 
Family Support Workers, but small stations are still offered a service from a local designated team. The 
Officer Commanding Personnel Management Squadron (OCPMS) is the main focus within the RAF system 
in relation to the welfare of families on their station.
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Where a child of a Royal Air Force family is subject of a child protection referral:
•  Social work (Children and Families Services) will liase with the serviceman/woman’s unit, if known 
or;
•  The nearest RAF unit by contacting the OC PMS or SSAFA Forces Help;
•  The team will be invited to send a representative to any Child protection case conference concerning 
a Royal Air Force child.
Every RAF unit has an officer appointed to this duty and he/she will be familiar with child protection 
procedures.
For informal discussion contact SSAFA Forces Help- RAF (UK)  (Appendix A for contact details) 
Social Work Service, Social Work Team manager on (01334) 839 471 Ext. 7444. Or Ext. 7656
Service families going or returning from overseas
Where any of the Military Welfare Agencies are aware of child protection issues within a family being 
considered for overseas service, this will be highlighted during the screening process and action taken to 
prevent the family’s move before child protection issues have been resolved.
It is essential that the local authority social work service exchange information about agencies’ 
involvement with a service family to ensure that no child named on a UK child protection register can be 
taken abroad and to make sure that parental support is not removed at a critical time.
Therefore where a service’s child’s name is placed on the Edinburgh and the Lothians Child Protection 
Register:
•  The chair of the child protection case conference will ensure that details are forwarded to the 
appropriate service families support agency.
SSAFA Forces Help provides a statutory social work service and primary health care service for families 
of all services on overseas stations.
Where there is a child protection plan in this country for a child in a service family who are to move 
overseas, the Case Coordinator will notify SSAFA Forces Help (Appendix A for contact details)
This should be done in writing with full documentation, case summary, case conference
notes, etc (Appendix A for contact details).
This information is forwarded to the relevant SSAFA Forces Help Social Worker overseas in
order that:
•  The case may be entered on the overseas British Forces Child Protection Register; 
•  The practitioners at the overseas base can be alerted and a child protection case conference 
arranged and appropriate support and supervision are provided to the family.
Where there is statutory involvement (e.g. a compulsory supervision order), SSAFA Forces Help will 
provide regular reports to the relevant local authority. 
When a service family with a child in need of protection returns to the UK, SSAFA Forces Help will contact 
social work (Children and Families) services in the local authority area in which they will reside ensuring 
that full documentation is provided to assist in the management of the case. 
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Social work (Children and Families Services) will convene an inter-agency referral discussion 
regarding the child(ren).
Emergency action regarding service families overseas
When it appears that a child is in urgent need of protection, an officer having jurisdiction in 
relation to the child may order the child to be removed to and detained in a place of safety. 
If the officer makes an order to transfer the child to the United Kingdom so that care of the 
child can become the responsibility of the relevant local authority, all necessary action will 
be arranged and agreed beforehand between the relevant responsible agencies.
Arrangements for dealing with the emergency protection of children of service families 
abroad were introduced in the Armed Forces Act 1991. These provide for the officer having 
jurisdiction in relation to a child to make an order to remove the child or keep him or her in 
accommodation provided by or on behalf of the person who applied for the order.
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Appendix E - Legislation 
Important Note: The following describes only some of the relevant legal provision, so 
complete accuracy cannot be guaranteed. Always refer directly to the legislation itself 
before making reference or taking action.

Primary Legislation
The Children (Scotland) Act 1995

http://www.legislation.gov.uk/ukpga/1995/36/contents
Primary legislation that sets out parental roles and responsibilities (sections 1 and 2)
Places a duty on local authorities to:
•  Safeguard and promote the welfare of children in need (section 22);
•  Provides a legal measure to protect children from harm (Exclusion Order (section 76)).
The Children & Young People (Scotland) Act, 2014
http://www.legislation.gov.uk/asp/2014/8/contents
The Children’s Hearing (Scotland) Act, 2011 
Places a duty on local authorities to provide information to Principal Reporter where a child 
maybe in need of a compulsory supervision order (section 60):
•  Establishes conditions for referral to a Children’s Hearing for consideration as to whether 
a child is in need of compulsory measures of supervision (section 67 ground);
•  Provides legal measures to protect children by use of orders aimed at protecting children 
from harm and to assist in establishing whether children may be in need of protection 
from harm. 
These are:
•  Child Assessment Order (section 35);
•  Child Protection Order (section 37).
In cases of emergency where a protection order is not available and the conditions for the 
making of a Child Protection Order under section 37 are present any person, a local authority 
or a constable can take steps to protect a child (section 55). 
 
http://www.legislation.gov.uk/asp/2011/1/contents
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The Children and Young Persons (Scotland) Act 1937 
http://www.legislation.gov.uk/ukpga/Edw8and1Geo6/1/37/contents
Deals with offences of neglect, abandonment, ill treatment and cruelty to children.
Police and Fire Reform (Scotland) Act 2012 
http://www.legislation.gov.uk/asp/2012/8/contents
Establishes the core duties of the police to prevent crime, preserve order and protect life 
and property.   Where a crime has been committed to carry out investigation and report 
to the Procurator Fiscal and when required to appear in court for the purposes of giving 
evidence.
The Criminal Procedure (Scotland) Act 1995
Schedule 1 (as amended) 

http://www.legislation.gov.uk/ukpga/1995/46/schedule/1
Lists offences against children under 17 years of age in respect of which Section 21 of the 
Act confers power on a police constable, in certain circumstances, to take people into 
custody without a warrant if they have committed or the constable has reasonable grounds 
to believe they have committed the offences.   Such offenders are commonly termed 
‘Schedule 1 offenders’.   These offences involve the physical abuse, sexual abuse, sexual 
exploitation of and cruelty to children. 
For the purposes of referral to a Children’s Hearing, the offender need not necessarily have 
been convicted; it is sufficient that:
•  The child has been the victim of a schedule 1 offence, or 
•  The child is likely to become a member of  the same household as; 
       - A person who has committed a schedule 1 offence; or
       - A child in respect of whom a schedule 1 offence has been committed.
Note – the civil burden of proof i.e. the balance of probabilities applies.
Sexual Offences (Scotland) Act 2009 
http://www.oqps.gov.uk/legislation/acts/acts2009/asp_20090009_en_1
This Act abolishes a number of common law crimes and repeals various statutory offences.  
It also creates a number of new statutory offences and provides a definition of consent, 
which is defined as ‘free agreement’.
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The act comprises seven Parts and six Schedules:
•  Part 1 - Principal offences – Rape etc.; 
•  Part 2 - Consent and Reasonable Belief explanations; 
•  Part 3 – Mentally Disordered Persons; 
•  Part 4 – Offences against Children; 
•  Part 5 – Abuse of Trust offences; 
•  Part 6 – Penalties; 
•  Part 7 – Miscellaneous and General Provisions. 
The Act created a number of protective offences which, criminalise sexual activity with children and 
mentally disordered  persons. Children are divided into two categories;
•  “young children” (under 13); 
•  “older children” (13-15).
Section 55 allows for a Scottish resident to be convicted of an offence committed abroad if it would be 
deemed a criminal offence in Scotland.
Note: The Act became live on 1st December 2010 and any offences, which occurred before this date 
must be investigated and reported under the legislation applicable at the time of those offences.
Protection from Abuse (Scotland) Act 2001 
 
http://www.oqps.gov.uk/legislation/acts/acts2001/asp_20010014_en_1
Provides legal remedies to women subjected to domestic abuse and can assist attempts to safeguard 
the interests of children. The primary remedy offered by the Act is that of powers of arrest being 
attached to an interdict, regardless of the relationship between the abused and the abuser.   
Criminal Justice (Scotland) Act 2003 
 
http://www.legislation.gov.uk/asp/2003/7/contents
Provides interpretation of what constitutes legally justifiable physical punishment.  It is an offence to 
punish a child in any manner that involves ‘a blow to the head, shaking or the use of an implement’ 
(section 51).  Where any such offence is committed, the defence of reasonable chastisement does not 
apply. 
Sections 52 and 53 relate to reporting restrictions on Children’s Hearings and to the amount of 
information that the Reporter can make available to child victims and relevant persons where the 
offender is also a child. 
Section 16 provides victims the right to be advised of the release dates, etc., of offenders. This may be 
relevant to children in circumstances where the perpetrator of offences against them has been given a 
significant prison sentence. 
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Prohibition of Female Genital Mutilation (Scotland) Act 2005 
http://www.legislation.gov.uk/asp/2005/8/contents
It is an offence for a person to carry out specified female genital mutilation procedures on another 
person or to aid or abet another person to carry out such procedures. This includes making it an offence 
to send a girl abroad for the purpose of female genital mutilation. 
Protection of Children and Prevention of Sexual Offences 
(Scotland) Act 2005 
 
http://www.legislation.gov.uk/asp/2005/9/contents
Legislation covering a number of offences including that of ‘grooming’ a child under the age of 16 for 
sexual purposes and meeting such a child following prior contact for the purposes of engaging in illegal 
sexual conduct. This latter offence is often linked to online contact. 
Under sections 10-12, arranging or facilitating any sexual services from a young person under the age of 
18 is an offence, as is attempting to control a young person for the provision of such services, including 
pornography. 
Section 2 - introduction of Risk of Sexual Harm Orders designed to protect children and young people 
from persons who may not have been convicted of any criminal offence but who have engaged in 
some level of sexually explicit behaviour or communication in respect of a child under 16. This is a civil 
matter and the Order would be sought by the Chief Police Officer from the Sheriff. It is not intended as a 
substitute for criminal process, but rather as a means of protecting children at an earlier stage. 
This Act also extends the powers available under the Sexual Offences Act 2003 to allow courts to 
impose a Risk of Sexual Harm Order at the time of conviction for a sexual offence. 
Legislation on managing adults who may pose a risk to children 
Police & Fire Reform (Scotland) 2012 
Police Act 1997 

 
http://www.legislation.gov.uk/ukpga/1997/50/contents
Part V of this legislation provides the responsibility and authority for ‘disclosure checks’ on individuals 
by local authorities or the Inter-agency Referral Discussion sector organisations as well as other 
organisations, depending on the nature of the work being undertaken. 
This is further supported by the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006. The 
legislation allows such bodies to seek to obtain criminal record certificates (known generally as ‘disclo-
sures’) on any person who is likely to undertake direct work with children and other vulnerable groups. 
For such purposes, disclosure of previous criminal convictions must be obtained at an ‘enhanced’ 
level. This means that spent convictions under the terms of the Rehabilitation of Offenders Act 1974 are 
included, together with any other information considered relevant by the police and other authorities. 
Under the legislation, checks are undertaken on foster carers, employees and any person who, while not 
holding any form of parental rights in respect of a child, may be entrusted with their regular care. 
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Protection of Vulnerable Groups (Scotland) Act 2007 (PVG) 
http://www.legislation.gov.uk/asp/2007/14/contents
The PVG Scheme provides a system governing those who have regular contact with children and protected 
adults through paid and unpaid work, ensuring that they do not have a known history of harmful 
behaviour. It replaces the Protection of Children (Scotland) Act 2003. 
The scheme is intended to be quick and easy to use, reducing the need for members to complete a 
detailed application form every time a disclosure check is required, and aims to strike a balance between 
proportionate protection and robust regulation and make it easier for employers to determine who they 
need to check in order to protect their service users. 
Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 
 
http://www.legislation.gov.uk/asp/2002/9/contents
Provides restrictions on when an accused person is allowed to conduct their own defence and thereby 
cross-examine the defendant. The categories include a range of offences against children, including 
unlawful sexual intercourse with a girl aged 13-16 and indecent behaviour towards a girl aged 12-16. 
The accused is also prohibited from precognition of a child witness under oath and there are specific bail 
conditions relating to attempting to obtain statements from the complainer. 
The extent of the powers under this legislation was extended further in the Vulnerable Witnesses 
(Scotland) Act 2004 to include non-sexual offences involving children under 12. 
Vulnerable Witnesses (Scotland) Act 2004  
http://www.hmso.gov.uk/legislation/scotland/acts2004/20040003.htm
Removed the requirement for child witnesses to undergo a competence test to ascertain whether they 
could understand the distinction between telling the truth and lying. Equally important is that under 
section 6 (which inserts section 288E to the Criminal Procedure (Scotland) Act 1995), an accused cannot 
conduct his own defence where the child concerned is under 12 and the offence involves sexual assault or 
violence. 
The legislation allows for a range of special measures to support the vulnerable child when giving 
evidence or being cross-examined. The Act covers criminal cases, civil cases and Children’s Hearings 
court proceedings. Standard special measures available to all child witnesses under 16 are a live TV link, 
screens in the courtroom and the presence of a supporter. 
Further special measures, available on application to the court, include evidence being taken in advance in 
the form of a prior statement (criminal cases only) or being taken by a commissioner. 
Under the act, a person under the age of 16  is a ’vulnerable witness’. The provision of standard special 
measures will always be considered for them. 
Extensive guidance available on the subject (Supporting Child Witnesses Guidance Pack (part 1) Scottish 
Executive (2003).
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 The 2004 Act underpins the acceptance that oral evidence is no longer the only means by which testi-
mony can be given by children. 
Victim and Witnesses (Scotland) Act, 2014 
http://www.legislation.gov.uk/asp/2014/1/contents
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 
http://www.legislation.gov.uk/ukpga/2004/19/contents
Section 4 of this legislation relates to the offence of trafficking people for exploitation. 
Immigration and asylum issues relating to unaccompanied children are a highly specialised aspect of 
the legislative framework. The potential for exploitation and vulnerability is high and it is important 
that specialist legal advice is sought, even in situations, which appears restricted access information 
forward.
There are complex and contested processes of age-testing, which seek to clarify the ages of 
unaccompanied children arriving in this country without identifiable information and paperwork. The 
Scottish Refugee Council can provide initial support and information to help guide workers through 
these processes. 
The Anti-social Behaviour, Crime and Policing Act 2014 
 http://www.legislation.gov.uk/ssi/2014/221/contents/made
This legislation allows for cases of anti-social behaviour to be referred to the Children’s Reporter and 
for parenting orders to be applied to the parents of such children and young people. 
Adoption and Children (Scotland) Act 2007 
 http://www.legislation.gov.uk/sdsi/2010/9780111007174/schedule/crossheading/adoption-and-
children-scotland-act-2007
The introduction of the Permanence Order may have the most relevance for child protection processes. 
This order, which can be awarded to local authorities, allows for a greater degree of flexibility 
regarding a core of more permanent decisions about a child’s care. The order allows responsibilities to 
be shared with carers by the local authority once the Permanence Order is in place and should be part 
of the single planning process for the child. 
Where it has been decided that, in order to safeguard and protect the child’s welfare, it is no longer 
appropriate to consider returning a child to his/her birth family, a Permanence Order may provide the 
necessary stability without the child being placed within an adoptive family. 
Mental Health (Care and Treatment) (Scotland) Act 2003 
 http://www.legislation.gov.uk/asp/2003/13/contents
This introduced a number of principles, which those discharging functions under the Act are required 
to observe, including a specific principle for the ‘welfare of the child’. 
It requires that any functions under the Act in relation to a child with mental disorder should be 
discharged in a way that best secures the welfare of the child. In particular it is necessary to take into 
account: 
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•  The wishes and feelings of the child and the views of any carers;  
•  The carers’ needs and circumstances;  
•  The need to provide carers with information that could help them care for the patient;  
•  Where the child is or has been subject to compulsory powers, the importance of providing 
appropriate services to that child; and  
•  The importance of the function being discharged in a manner that appears to involve the minimum 
necessary restrictions on the freedom of the child. 
The Act is universal and applies to everyone with a mental disorder irrespective of age, but it introduced 
specific provisions in relation to children and has clear links to the Children (Scotland) Act 1995. 
A range of powers and duties is in place for both health boards and local authorities to address the 
needs of children with mental health problems and with parent(s) who have mental health problems. 
 Key amongst specific provisions in the Act are: 
•  The requirement on health boards to provide certain services and accommodation for patients under 
18 to help prevent young people being admitted to adult acute wards and improve the provision of 
specialist child focused services; 
•  The requirement on health boards to provide accommodation and services that will enable mothers 
with post-natal depression and who are in hospital to care for their child (of less than one year) in 
hospital, if they so wish;
•  That all those discharging functions under the Act have a duty to ‘mitigate’ adverse effect of 
compulsory measures on parental relations, whether it is the parent or child who has the mental 
disorder; 
•  That education authorities have a duty to make arrangements for the education of pupils unable to 
attend school because they are subject to measures authorised by the Act or by other mental health 
legislation, as a consequence of their mental disorder.
Data Protection Act 1998 
http://www.legislation.gov.uk/ukpga/1998/29/contents
The responsibility of the data controller within any organisation to ensure that the key principles set 
out in the Act are adhered to by all staff. In the context of child protection those sections of the Act that 
relate to confidentiality, sharing of information and disclosure of sensitive information are particularly 
relevant. 
Human Rights Act 1998
http://www.legislation.gov.uk/ukpga/1998/42/contents
All legislation passed by either the UK or Scottish Parliament should adhere to the principles of the 
European Convention on Human Rights. 
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UN Convention on the Rights of the Child 
http://www.unicef.org.uk/UNICEFs-Work/UN-Convention/
Ratified by the UK Government in 1991, this Convention serves to inform all subsequent child       care 
legislation. The rights of the child to express their views freely in all matters affecting them and to have 
them taken into account, and the right to have the best interests of the child as a primary consideration 
in making decisions affecting the child are important aspects of this Convention. Conformity with the 
standards established by competent authorities is another requirement of the convention. 
Equality Act 2010
Restates, streamlines and harmonises equality legislation. It replaces a number of Acts, including the 
Race Relations Act 1976, the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995. The 
majority of the Equality Act 2010 came into force on 1 October 2010. 
Getting our priorities right 2012 
http://www.gov.scot/Publications/2012/07/9484
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Edinburgh and the Lothians 
Inter-agency Child Protection Procedures  
                                                                                            

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