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Chamber and committees

Question reference: S6W-32491

  • Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
  • Date lodged: 13 January 2025
  • Current status: Answered by Natalie Don-Innes on 17 January 2025

Question

To ask the Scottish Government, regarding any implications for child protection issues and policy in Scotland, what assessment it has made of the Sara Sharif case.


Answer

Sara Sharif experienced unimaginable abuse during her life and was murdered by someone she trusted. It is essential children and young people are protected from harm and the Scottish Government is committed to ensuring that robust child protection measures are in place across Scotland, and continue to be followed at all times.

The Scottish Government published revised National Guidance for Child Protection in Scotland on 31 August 2023. The non-statutory guidance describes the responsibilities and expectations of everyone who works with children, young people and their families in Scotland. It aims to support improved cross-agency working and outcomes for children at risk.

The National Child Protection Guidance makes clear that, no matter the circumstances, concerns about risk to a child or young person should be reported without delay to social work or, in situations where risk is immediate, to Police Scotland. Child protection procedures are initiated when police, social work or health determine that a child may have been significantly harmed or may be at risk of significant harm. All concerns which may indicate risk of significant harm must lead to consideration of an inter-agency referral discussion (IRD). Again, this applies whether or not the child is in school. A practitioner’s failure to report child abuse could constitute a breach of their employment contract, lead to disciplinary action, or give rise to a claim for civil damages. Practitioners could also be struck off from social work, teaching, or medical registers for gross misconduct.

As outlined in the guidance, the decision to home educate a child should not, in itself, be regarded as a child protection concern. The Scottish Government is determined to ensure children and young people are fully engaged in their learning and Ministers recognise home education as a valid choice alongside sending a child to school.

Where a child is on a school roll in a local authority area, a parent must seek that local authority’s consent before withdrawing their child from the school. Whilst the authority must not unreasonably withhold consent to withdraw, local authorities can refuse to give their consent for a child to be withdrawn from the school roll in certain circumstances, including:

  • where a child has been referred to social work, police or health for child protection reasons, and the matter is being investigated
  • where a child is on the child protection register
  • where a child has been referred to the Children’s Reporter on care and protection grounds, and the referral is being considered
  • where the child is the subject of a supervision requirement.

The Scottish Government have been reviewing the home education guidance, working with stakeholders, and will publish updated guidance shortly.

Scottish Government officials are monitoring progress of the UK Government’s Children’s Wellbeing Bill and what implications this might have for child protection processes in Scotland.