Chamber and committees

The Scottish Government aims to engage with children and young people wherever appropriate during the development and review of child protection policies and services.

Throughout the recently updated , national-guidance-child-protection-scotland-2021-updated-2023.pdf (www.gov.scot) it is continuously emphasised that at a local level, staff working in child protection should engage positively with children and families during delivery of services. A resource is also currently being developed by Scottish Government in collaboration with the Centre for Excellence for Children’s Care and Protection (CELCIS) which will provide an accessible source of information on the guidance specifically for children, young people and families. This resource is being co-designed with children and young people.

The Bairns’ Hoose Bairns' Hoose - Children and Young People Participation and Engagement Plan (www.gov.scot) describes how children and young people will be involved in the development and implementation of the Bairns’ Hoose in Scotland.

More broadly, the Children and Young People’s Participation Framework offers an approach that ensures a range of children and young people are involved in the wider work of the Scottish Government. This includes a particular focus on those identified as being seldom heard, furthest from their rights, or vulnerable because of factors related to their personal development, features of their family life, or because of wider influences that impact on them within their community. Any engagement with children and young people around child protection policies and services will follow the principles of the CYP Participation Framework.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland run regular training courses aimed at organisations who work with children and young people and cover a range of topics regarding safeguarding and working with children and young people.

We also target newly registered organisations and signatories to ensure that they have a fuller understanding of safeguarding processes when they start to use disclosure products including the Protecting Vulnerable Groups (PVG) Scheme.

Since 2019, Disclosure Scotland have held 198 events to support organisations in understanding their legal duties in relation to PVG referrals about people who have displayed harmful behaviour towards children and young people. These have been attended by 1978 delegates from 979 different organisations.

We have also run 129 events entitled “Helping Employers Recruit Fairly” which aims to broaden the understanding of information disclosed by Disclosure Scotland, how to implement better risk assessment processes and make informed recruitment decisions. These have been attended by 1402 delegates from 390 different organisations.

All of Disclosure Scotland’s training products provide delegates with a range of materials to support their role in working with children and young people including links to downloadable guidance that is regularly reviewed and updated to ensure organisations have access to the most up to date information.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

The following table details average number of days to process disclosure applications, by application type, from 2016 to 2023:

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland is focused on providing reliable safeguarding outcomes for the public. It plans and regularly reviews service delivery performance to meet the Service Level Agreement. The process includes a range of system and human validation checks to ensure the accuracy of the information disclosed along with a comprehensive programme of training and performance management.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland’s current forms of guidance are primarily available online as either informative webpages or downloadable documents. Where possible, we draft our guidance for a reading age of 9-11. Before these are published, we review both their form and content to ensure they are suitable for users of differing needs, this includes:

• compatibility with screen reading software,
• use of accessible colour schemes and text fonts for ease of reading,
• use of clear demonstrative graphics to illustrate key points and making using of Alt Text function to ensure these images can be understood by screen reading software.

We have also begun publishing short infographic guidance videos which summarise key points on safeguarding and the disclosure process for all stakeholders, ensuring that they follow the same accessibility principles laid out previously. These guidance videos include narrations and full captions.

We are reviewing the guidance and support we provide as part of the implementation work for the Disclosure (Scotland) Act 2020. Last year we collaborated with 102 organisations, including organisations who work with and advocate for children and young people, to review proposed new guidance, collect feedback on what improvements we can make and on what new forms of guidance would be effective in communicating any changes to safeguarding processes. This feedback from our stakeholders is informing the design of guidance and support that will be published for the implementation of the Disclosure (Scotland) Act 2020 for both organisations and individuals.

When making changes to our digital service delivery, we consider all aspects of the Digital Scotland Service Standard to ensure our digital system is built around different users and their needs and that they are accessible and inclusive for everyone. We are subject to independent assurance from the Digital Assurance Office with our public facing services to ensure we align to these standards. Although ‘digital first’ is our strategy for service delivery, not everyone can use digital Government services. We will deliver improvements to our assisted digital journey as part of the Disclosure Act implementation.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland work closely with organisations regarding supporting children and young people with information on the disclosure processes. This is to ensure that children and young people have the information they need to understand the disclosure process and to inform those supporting them on their journey. This work includes publication of information on supporting learners who have offended and what education practitioners should know as part of a suite of resources available on the Education Scotland website. We also collaborate with Who Cares? Scotland on disclosure matters and have produced some short videos providing information on key areas that have caused concern to care-experienced young people such as application completion and what the consideration for listing (barring) process is. This information is available on the "disclosure scotland" - Who Cares? Scotland (whocaresscotland.org) .

During the formal consideration for listing (barring) process, if Disclosure Scotland identify a potential vulnerability, we will engage with relevant professionals such as social workers, to ensure we are communicating with the individual in the most appropriate and supportive way.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland has reviewed its letters, in connection with the consideration for listing (barring) process, to ensure they are written in Plain English and easier to understand. We have removed much of the ‘legal jargon’ where possible (not just for those who have experienced childhood trauma but for all individuals). We have also recently reviewed our letters which set out the reasons for listing to ensure these are easier to understand, again with less legal reference where possible. During the formal consideration process if we identify a potential vulnerability (which is not restricted to a history of care experience), Disclosure Scotland will reach out to relevant professionals, such as a social worker, to ensure we are communicating with the individual in the most appropriate and supportive way.

New processes for review applications under the Disclosure (Scotland) Act 2020 are due to be implemented in April 2025. Disclosure Scotland is engaging with Who Cares? Scotland, Children and Young People's Centre for Justice and Clan Childlaw about the effect on people who had justice-experience in childhood.

Good progress is being made in implementing the national-guidance-child-protection-scotland-2021-updated-2023.pdf (www.gov.scot) , which was published in 2021 and updated in 2023.

A National Child Protection Guidance Implementation Group was established in September 2021 for a period of 2 years to provide strategic oversight and offer support to local areas as they implemented the national guidance. A Monitoring and Evaluation subgroup of this implementation group was established to consider how to evaluate local and national implementation of the Guidance. The subgroup developed a self-evaluation tool for local Child Protection Committees (CPCs) to assess progress with implementation. The tool was completed by all CPCs in Autumn 2023 and the findings were analysed by the Centre for Excellence in Children’s Care and Protection (CELCIS) with the support of Scottish Government and the Care Inspectorate. This analysis identifies where progress has been made and where continuing changes and adaptations are required, and will be published on the CELCIS website in the near future.

Keeping children safe from child sexual abuse and exploitation, including online abuse, is a key priority for the Scottish Government.

We are committed to ensuring that our young people are safe online and our response is multi-faceted. It involves equipping children with the tools and skills they need to stay safe online, and supporting parents and carers to ensure that they have the information to guide children and recognise when a child is at risk. We equip professionals with the knowledge and skills to build children’s resilience, to recognise abuse and exploitation and respond with high quality support. This is accompanied by work to detect, disrupt and prosecute perpetrators and reduce re-offending.

In our schools, teachers deliver the technology experiences and outcomes area of the curriculum to provide learning on internet safety and cyber resilience. These help teachers support children to learn about the safe and responsible use of technologies, including the internet and social media, as part of their broad general education under our Curriculum for Excellence.

We are also committed to ensuring all children and young people receive high quality relationships and sexual health education to help them build safe and positive relationships as they grow older.

Public messaging is key in preventing online abuse. In March 2023, we re-ran our successful public awareness campaign which supported parents and carers to keep children safe online, emphasising the importance of talking regularly to children about online safety, setting safety measures and agreeing boundaries. The campaign had a strong impact on behaviour. Nine in ten of those who had seen the campaign reported taking action as a result of it, the highest rate of any Parent Club campaign.

This campaign linked to an Online Safety Hub on the SG Parent Club website, which provides information and advice on how to keep children safe from online harms.

Cross-Government workstreams collectively take action to prevent and protect children in Scotland from child sexual abuse and exploitation and provide appropriate support to victims and survivors of such abuse. This includes funding for a range of activity and programmes with a particular focus on prevention and early intervention. In particular, we provide funding to the Lucy Faithfull Foundation Scotland, to deliver online child sexual abuse prevention work.

The National Guidance for Child Protection in Scotland 2021, updated in 2023 supports frontline workers in their prevention roles by defining and clarifying the roles and responsibilities for everyone working with children and young people, setting out the foundation for protective action to keep young people safe from harms including sexual abuse and exploitation.

In terms of those that seek to cause harm online, we are working with Police Scotland to find effective ways to deter potential perpetrators from committing online abuse in the first place.

Though regulation of the internet is a reserved matter and falls to the UK Government, the Scottish Government is committed to securing the online safety of our children and young people which is why the First Minister urged the UK Government to include additional measures in the Online Safety Act 2023 to protect children and vulnerable adults online and go further to encourage tech firms to design out illegal and harmful material.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

The Age of Criminal Responsibility (Scotland) Act 2019 raised the age of criminal responsibility from 8 to 12 years old in Scotland. The Act sets out that information relating to a time before a person was 12 years old cannot be automatically disclosed on enhanced or PVG level disclosures without first being reviewed by the Independent Reviewer. As part of making their decision about the disclosure of pre-12 information, the Independent Reviewer must give the applicant the opportunity to make representations. The Independent Reviewer must take into account any representations made.

Under the Protection of Vulnerable Groups (Scotland) Act 2007, before making a decision to bar an individual from ‘regulated work’ with children or adults, Disclosure Scotland must give the individual an opportunity to make representations as to why they should not be listed. Disclosure Scotland must consider any such representations.

The Disclosure (Scotland) Act 2020 will allow applicants to challenge the disclosure of certain information, including ‘spent’ children’s hearing outcomes and convictions accrued in childhood, before it is shared with an employer. The applicant will be able to ask Disclosure Scotland to arrange for the Independent Reviewer to carry out a review of the disclosure of the spent childhood convictions or children’s hearing outcomes. As part of their review, the Independent Reviewer must give the applicant the opportunity to make representations and must take any such representation into account when making their decision.