Question reference: S6W-06425
- Asked by: Willie Rennie, MSP for North East Fife, Scottish Liberal Democrats
- Date lodged: 10 February 2022
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Current status: Answered by Clare Haughey on 9 March 2022
Question
To ask the Scottish Government, further to the answer to question S6W-05791 by Clare Haughey on 3 February 2022, which of the suggestions made by the Children and Young People's Commissioner Scotland in response to the consultation on the National Guidance for Child Protection were (a) taken into consideration and put into the guidance and (b) not taken into consideration, and, for any that were not taken into consideration, what the reasons were for this.
Answer
The Scottish Government welcomed engagement with the Children and Young People’s Commissioner Scotland during the revision of the National Guidance for Child Protection in Scotland. The Commissioner’s Office provided permission to publish their response to the formal Scottish Government public consultation on Citizen Space .
The Commissioner asked for a comprehensive re-draft of the guidance to ensure that children’s human and statutory rights are threaded throughout; a consistent application of a rights-based approach across health, justice and local authority Children’s Services and Planning Partnerships with greater clarity that children’s rights to protection apply to all those with a duty of care; extending a trauma-informed approach to children in conflict with the law; and a request that Children’s Hearings should be extended to all children under the age of 18.
The Scottish Government met with the Commissioner’s Office to discuss their response and incorporated suggestions into the final published guidance to further strengthen the focus on rights, relationships, collaboration and support for families, building on strengths. It was noted at this meeting that forthcoming Getting it right for every child (GIRFEC) support materials will support improved consistency across Scotland in appropriately balancing rights to privacy and family life with rights to be supported and protected. The Commissioner’s Office subsequently reviewed and contributed to the Guidance Supporting Narrative which sets out how our approach to child protection in Scotland aligns with and supports strategic developments including UNCRC implementation.
Some suggestions made in connection with legislation and practice relating to 16 and 17 year olds are beyond the scope of the guidance which reflects the current legislative, policy and practice context. The Scottish Government has committed to review the guidance on an annual basis to ensure that it remains consistent with wider changes.