Child protection system in Scotland

Reporting concerns

In Scotland, there is no legal requirement to report concerns about a child’s welfare. However, section 2.1 of the National guidance for child protection states that all agencies have a responsibility to recognise and actively consider potential risks to a child, irrespective of whether the child is the main focus of their involvement (Scottish Government, 2023a).

How to report concerns about a child's welfare

If you think a child is in immediate danger, contact the police on 999. If you're worried about a child but they are not in immediate danger, you should share your concerns.

• Follow your organisational child protection procedures. Organisations that work with children and families must have safeguarding policies and procedures in place.
• Contact the NSPCC Helpline on 0808 800 5000 or by emailing help@nspcc.org.uk. Our child protection specialists will talk through your concerns with you and give you expert advice. 
• Contact your local children’s social work team. Their contact details can be found on the website for the local authority the child lives in. 
• Contact the local Children's Reporter. Local, independent officials can decide if any legal interventions need to be made to protect a child. Children’s Reporters offices can be found on the Scottish Children’s Reporter Administration website.
• Contact Police Scotland if you are concerned that a child is in immediate danger.

Services will risk assess the situation and take action to protect the child as appropriate either through statutory involvement or other support. This may include making a referral to the local authority.

> See our information about recognising and responding to abuse

If your organisation doesn't have a clear safeguarding procedure or you're concerned about how child protection issues are being handled in your own, or another, organisation, contact the Whistleblowing Advice Line to discuss your concerns.

> Find out about the Whistleblowing Advice Line on the NSPCC website

SHANARRI

The SHANARRI indicators aim to help those working with children and young people assess how a child is doing at any point in time and identify what support is needed.

The indicators state that every child and young person should be:

• Safe
• Healthy
• Achieving
• Nurtured
• Active
• Respected
• Responsible
• Included

(Scottish Government, 2021a). Anyone who has concerns about a child’s wellbeing should listen to the child and their family’s views and consider the following key questions:

• What is getting in the way of this child or young person's wellbeing?
• Do I have all the information I need to help this child or young person?
• What can I do now to help this child or young person?
• What can my agency do to help this child or young person?
• What additional help, if any, may be needed from others?
  (Scottish Government, 2021a).

When you're not sure

The NSPCC Helpline can help when you're not sure if a situation needs a safeguarding response. Our child protection specialists are here to support you whether you're seeking advice, sharing concerns about a child, or looking for reassurance.

Whatever the need, reason or feeling, you can contact the NSPCC Helpline on 0808 800 5000 or by emailing help@nspcc.org.uk

Our trained professionals will talk through your concerns with you. Depending on what you share, our experts will talk you through which local services can help, advise you on next steps, or make referrals to children's services and the police.

> Find out more about how the NSPCC Helpline can support you

Referrals and investigations

Assessing the risk of harm

Local authorities have a legal duty to investigate concerns about a child and assess the risk of harm.

As new information comes to light, the risks to the child must be re-assessed.

If a child isn’t considered to be in immediate danger then more information will be gathered. This will allow an assessment of whether they are at risk of suffering significant harm.

After this assessment, the professionals involved will decide how to act. They may:

• take no further child protection action if the child hasn’t been harmed and isn’t considered to be at risk of harm
• carry out a joint investigation, if the initial assessments suggest that the child may be at risk of significant harm. This aims to decide if any child protection action is needed and whether a child protection case conference should be held.

If a child’s in immediate danger an order can be made through Scotland’s sheriff courts (local courts which deal with the majority of civil and criminal cases in Scotland).

Depending on the situation, one of the following actions may be taken:

• A child protection order (CPO) can be issued to immediately remove a child from circumstances that put them at risk, or to keep a child in a place of safety. Anyone can apply to the sheriff for a CPO.
• An exclusion order can be issued to remove a suspected abuser from the family home. Only the local authority can apply for an exclusion order.
• A child assessment order (CAO) requires parents to allow their child’s needs to be assessed by a social worker. A CAO can only be applied for by the local authority.
• If a sheriff isn’t available, the police or someone authorised by a justice of the peace can remove a child to a place of safety for up to 24 hours, allowing time for a CPO.

All of these emergency measures allow time to decide the best way to protect a child. This may involve a case conference and possibly care proceedings.

Agencies should agree an interim safety plan for the child, which will be followed until a formal child protection planning meeting can be held.

Case conferences

A child protection planning meeting (CPPM) is held if the child is assessed as being at risk of significant harm. This enables all the relevant professionals to share information, identify risks and outline what needs to be done to protect the child.

The initial CPPM must take place within 21 days of the original referral to the police or children’s social work.

If professionals at the initial case conference decide a child is at risk of significant harm they will add them to the child protection register, and draw up a child protection plan.

Review CPPMs should be held every six months, or sooner if the child’s circumstances change. The review CPPM aims to:

• assess the level of risk to the child
• decide whether the child still needs to be on the child protection register

agree what ongoing support the child and their family need (even if the child is no longer on the child protection register, the family might still need support).

The CPPM may decide that the best way to protect the child is through legal interventions - either to make sure they get the help they need or to take the child into care.

When that happens, the case is referred to the Children’s Reporter who will decide if there needs to be a children’s hearing for compulsory child protection measures.

Child protection measures

Child protection register

In Scotland the child protection register (CPR) is a confidential list of all children in the local area who have been identified as being at risk of significant harm. It allows authorised individuals to check if a child they are working with is known to be at risk.

If a child is added to the CPR they must also have a child protection plan, which sets out what action needs to be taken by whom and when, in order to safeguard the child and promote their welfare.

Care proceedings

If the local authority believes that a child is at risk of significant harm they may take the child into care to help keep them safe.

Unless the level of risk requires the courts to get involved immediately, care proceedings will only start after extensive efforts to keep the child with their family.

Voluntary accommodation

A child may be taken into care voluntarily through Section 25 of the Children (Scotland) Act 1995.

A local authority must provide accommodation for children who do not have anywhere suitable to live. This includes children who have nobody to look after them or whose parents are unable to look after them for a period of time, due to illness or other problems.

Going to court

In Scotland, there are two different ways a local authority can ask to take a child into care:

• if the child is in immediate danger the local authority can ask a sheriff court to grant a child protection order (CPO)
• a referral can be made to the children’s reporter. The reporter will decide if it’s necessary to refer a child to a children’s hearing for compulsory measures of supervision.

A child can be subject to an order from the children’s hearing and an order from the sheriff court at the same time.

In all cases, a child should be given the opportunity to give their views if they have capacity. The Children’s advocacy guidance (Scottish Government, 2014) gives information about children’s capacity to make decisions.

A child’s social worker will make a plan, sometimes referred to as a care plan, setting out how they think the child should be cared for.

Care orders

The children’s hearing will make a decision about the care of the child based on the child’s protection, guidance, treatment or control needs. They may make a child protection order.

Supervision order

Under a supervision order a child can either live away from home (in foster or residential care) or continue living at home under the supervision of the local authority.

Once a supervision order has been made the child protection plan will be carried out, regardless of where the child is living.

A compulsory supervision order has no set limit, but should only last as long as is necessary. It must be reviewed by a children’s hearing at least once a year when it can be continued, changed or stopped.

After three months a parent or child can ask for the children’s hearing to review the supervision order. A social worker or local authority can ask for a review at any time.

A parent, child or social worker can also appeal the decision made at the hearing but this must be done in writing and within strict time limits.

In Getting it right for looked after children and young people, the Scottish Government makes it clear that a child’s views should be taken into account when deciding where they should live, and that remaining at or returning to their home with the necessary support should be considered as the first option (Scottish Government, 2015).

Permanence order

If the local authority believes it would not be safe to return a child home, the court can make a permanence order. These orders remove parental responsibility and give it to the local authority.

If adoption is not seen as the way forward the local authority can delegate parental responsibility to the child’s foster carers while it remains the legal parent of the child.

If adoption is seen as the best option, the local authority can apply for a permanence order with authority to adopt. This means the local authority can place a child with prospective adoptive parents without the birth parent’s consent.

Adoption order

Once a permanence order has been made, prospective adopters can apply to the court for an adoption order. Once an adoption order is granted parental responsibility is transferred to the adoptive parents.

Support for care leavers

Under Section 29 of the Children (Scotland) Act 1995 local authorities have a duty to assess the needs of care-leavers in order to provide advice, guidance or assistance to them until the age of 26.

Child protection legislation and guidance in Scotland

Legislation

The Children (Scotland) Act 1995 outlines the legislative framework for Scotland’s child protection system. It covers parental responsibilities and rights, and the duties and powers local public authorities have for supporting and promoting the safety and welfare of children.

The Children and Young People (Scotland) Act 2014 amends the Children (Scotland) Act 1995 to ensure children's rights are upheld.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act incorporates the United Nations Convention on the Rights of the Child (UNCRC) into Scottish law. Under the Act, public authority work that comes under the Acts of Scottish Parliament or under common law powers will have to comply with UNCRC requirements (Scottish Government 2023b). All provisions will come in to force within 6 months of the Act receiving Royal Assent on the 16 January 2024.

> Find out more about the UNCRC on our children and the law page

Policy and guidance

Getting it right for every child (GIRFEC)

GIRFEC is the Scottish Government’s approach to making a positive difference for all children and young people in Scotland (2022a).

• Its principles help shape all policy, practice and legislation that affects children and their families.
• It provides a consistent way for people to support and work with all children and young people in Scotland.
• It aims to improve outcomes for children and make sure that agencies work together to take action when a child is at risk or needs support.

National guidance for child protection in Scotland

This non-statutory guidance provides the national framework for child protection. It was revised in 2021 and updated in 2023 by the Scottish Government.

It sets out the responsibilities and expectations of everyone who works with children. This includes practitioners working in health, police, third sector, local authority or education settings.

> Read our summary of the National guidance for child protection in Scotland

> Find out more about the key legislation guidance for schools

Children's services planning

Children and young people (Scotland) Act 2014: statutory guidance on part 3: children's services planning - second edition 2020 is Scottish Government statutory guidance for local authorities, health boards and other service providers.

It clarifies national requirements and expectations to support relevant service providers in planning services that improve outcomes for children and young people.

Services in relation to children at risk of becoming looked after

Children and young people (Scotland) Act 2014: national guidance on part 12: services in relation to children at risk of becoming looked after, etc is non-statutory guidance for frontline practitioners, managers and strategic leaders who work with children and families facing adversities.

This 2016 Scottish Government document gives an overview of the legal framework for providing support services where there is a risk a child may become looked after, and describes who relevant services must be provided for.

National action plan to prevent and tackle child sexual exploitation

This action plan from the Scottish Government was updated in March 2016. It explains:

• what child sexual exploitation (CSE) is
• the scale of the problem
• what the Scottish Government is doing about it.

Protecting children and young people: child protection committee and chief officer responsibilities

Guidance for chief executives of health boards, chief executives of local authorities and police divisional commanders with delegated authority of the Chief Constable (a group referred to in the guidance as Chief Officers). It sets out how key agencies, bodies and Chief Officers should work together to protect children and how child protection committees (CPCs) will contribute to the delivery of the child protection agenda across Scotland. Scottish Government guidance from 2019.

Plan 21-24

This 2021 action plan from The Promise Scotland and funded by the Scottish Government, explains how organisations in Scotland can achieve the goals set by the Independent Care Review (2020). The Plan sets out priority areas for children in or on the edge of care for 2021 to 2024, including:

• the right to education
• advocacy
• youth justice
• family support
• peer and community support.

The Scottish Government has since published an additional strategy document, Keeping the promise implementation plan, which sets out specific commitments and actions to support care experienced children and families (Scottish Government, 2022b).

Keep up-to-date with new legislation and guidance by signing up to CASPAR, our current awareness service for policy, practice and research.

References and resources

Independent Care Review (2020) Care review reports. [Accessed 09/09/2021].

Scottish Government (2014). Children's advocacy guidance. [Accessed 09/09/2021].

Scottish Government (2015) Getting it right for looked after children and young people: early engagement, early permanence and improving the quality of care. [Accessed 09/09/2021].

Scottish Government (2016a) Children and young people (Scotland) act 2014: national guidance on part 12: services in relation to children at risk of becoming looked after, etc. [Accessed 09/09/2021].

Scottish Government (2016b) National action plan to prevent and tackle child sexual exploitation. [Accessed 09/09/2021].

Scottish Government (2018) Protecting children and young people: child protection committee and chief officer responsibilities (PDF). [Accessed 09/09/2021].

Scottish Government (2020) Children and young people (Scotland) Act 2014: statutory guidance on part 3: children's services planning - second edition 2020. [Accessed 09/09/2021].

Scottish Government (2022a) Getting it right for every child (GIRFEC). [Accessed 09/09/2021].

Scottish Government (2022b) Keeping the promise implementation plan. [Accessed 05/04/2022].

Scottish Government (2023a) National guidance for child protection in Scotland 2021 – updated 2023. [Accessed 20/11/2023].

Scottish Government (2023b) Advancing children’s rights in law. [Accessed 10/01/2024].

The Promise Scotland (2021) Plan 21-24. [Accessed 09/09/2021].

Further reading

Read our CASPAR briefing summarising the National guidance for child protection in Scotland.

Child protection plan register statistics
Our series of factsheets pulls together the most up-to-date statistics on children who are the subject to child protection plan or on a child protection register for each of the UK nations.

For further reading about the child protection system for Scotland, search the NSPCC Library catalogue using the keyword/keywords "child protection"; "child protection services"; "child law"; "social policy"; "Scotland".

> Find out more about the Library and Information Service