Question reference: S6W-03071
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
- Date lodged: 20 September 2021
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Current status: Answered by Keith Brown on 30 September 2021
Question
To ask the Scottish Government what sort of behaviour from a child under the age of criminal responsibility would constitute the "significant harm or abuse" necessary for the child to qualify for the Bairns' Hoose criteria, as referred to in its paper Bairns' Hoose - Scottish Barnahaus: Vision, Values and Approach.
Answer
It will be a matter for professional judgement for practitioners as to whether the behaviour carried out by the child has caused or is likely to cause “significant harm or abuse” requiring the intervention of a Bairns’ Hoose. It is recognised that children exhibiting or carrying out harmful behaviour are often themselves victims of significant harm and abuse. It is with this in mind that a Bairns’ Hoose is considered the most holistic form of intervention and support for the child to ascertain the circumstances of the harm, whilst at the same time offering therapeutic support to a child who may themselves have been harmed.
There is no legal definition of significant harm or distinction between harm and significant harm. The extent to which harm is significant will relate to the severity or anticipated severity of impact upon a child’s health and development. ‘Harm’ in this context refers to the ill treatment or the impairment of the health or development of the child, including, for example, impairment suffered as a result of seeing or hearing the ill treatment of another. ‘Development’ can mean physical, intellectual, emotional, social or behavioural development. ‘Health’ can mean physical or mental health.
Forming a view on the significance of harm and whether or not a child is suitable for a Bairns’ Hoose will be undertaken by an Inter-agency Referral Discussion (IRD). An IRD is a formal process of information sharing, assessment, analysis and decision making following a reported concern about abuse. Placing this decision making forum ahead of any child attending a Bairns’ Hoose is necessary to ensure multi agency professional judgement and decision making informs all decisions relating to investigating harm and subsequent interventions, including whether accessing a Bairns’ Hoose is in the best interests of the child.