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Purpose of the Guidance
1. Procedures and guidance cannot in themselves protect children; a competent, skilled and confident workforce, together with a vigilant public, can. Guidance provides the framework in which managers and practitioners can apply their skills collectively and effectively, with a shared understanding of the common objective - supporting and protecting children, particularly those who are most vulnerable.
2. One of the fundamental ways to improve outcomes for Scotland's most vulnerable children is for agencies to work together. This national guidance sets out common standards for services in Scotland to guide work in child protection, to make clear how agencies should work together, responding to concerns early and effectively, and to make sure that practice is consistent and of high quality. This guidance is based on the principles of Getting it right for every child (GIRFEC).
3. This document is intended to provide a national framework within which agencies and practitioners at local level - individually and jointly - draw up and agree on their own ways of working together to safeguard and promote the welfare of children. This guidance replaces the previous version, Protecting Children - A Shared Responsibility: Guidance on Inter-agency Co-operation, which was published in 1998.
4. While this guidance is intended to serve as a practical reference point for practitioners and agencies, it should not be regarded as exhaustive or exclusive. Nor does this guidance constitute legal advice. Users of this guidance should consider whether there is a need also to consult with others, including their legal advisers, if they have concerns about the welfare of a child.
Who is the Guidance for?
5. This guidance is for all public services, agencies, professional bodies and organisations, and individuals working within an adult and child service provider context facing, or potentially facing, child protection issues. Children and their families come into contact with services at various points for different reasons and with different needs. Often those needs are met by the family themselves or a single agency, but for some of our most vulnerable children and families, the complexities of their needs will require a collective and co-ordinated approach. Where children and their families have multiple needs, the application of different skills and roles will be required. Services that work with children and/or their families cannot work in isolation from one another. Protecting children and meeting their needs requires recognising when to be concerned about their safety and understanding when and how to share these concerns, how to investigate and assess such concerns and ultimately, what steps are required to address those concerns and ensure the child's safety and well-being.
6. The guidance, therefore, applies to all whose work involves contact with children and/or their families, across departments and agencies as well as being relevant to those working in the statutory, third and other sectors. These might be individuals working in health, education, police, social work services and third sector support services, along with others whose work brings them into contact with, or have access to information about, children and families.
7. The guidance provides a national framework for services and local inter-agency fora such as Chief Officer Groups and Child Protection Committees to develop further in their local multi-agency protocols, training plans and procedures. The guidance also aims to serve as a useful resource for practitioners on particular areas of practice and signposts where additional information can be found.
8. As well as other national policies that are referenced throughout the guidance, this guidance should be read in conjunction with the following key documents:

Content of the Guidance
9. This guidance is in four parts.

Part 1 - The Context for Child Protection addresses the definitions, key principles, standards and legislative framework that underpin the approach to keeping children safe and promoting their welfare.
Part 2 - Roles and Responsibilities for Child Protection outlines the core responsibilities of services and organisations including statutory and non-statutory services, third sector organisations, and church and faith communities. The role and functions of Child Protection Committees are addressed here as well as the key responsibilities of Chief Officers. Effective leadership and staff development and training are also outlined as are the connections with other strategic planning fora.
Part 3 - Identifying and Responding to Concerns about Children provides a framework for identifying and managing risk and outlines the common stages of responding to concerns about a child's safety. This includes early gathering of information, joint decision-making and planning, joint investigations and medical examinations and assessment, and child protection case conferences.
Part 4 - Child Protection in Specific Circumstances gives additional information for dealing with specific conditions that may impact adversely on children as well as addressing operational considerations in certain circumstances. Whilst a range of special or specific circumstances have been included, the national guidance does not provide detailed guidelines on areas of practice/policy that are contained elsewhere; but rather, where appropriate, signposts to relevant policies and materials or provides a framework of standards that local policies will need to consider.

The Guidance in Context
10. Child protection has to be seen in the context of the wider wider Getting it right for every child ( GIRFEC) agenda and the Early Years Framework. All children and young people have the right to be cared for and protected from harm and abuse and to grow up in a safe environment in which their rights are respected and their needs are met. Children and young people should get the help they need, when they need it and their welfare is always paramount.
11. The Scottish Government has set out a vision that all Scotland's children and young people will be: successful learners; confident individuals; effective contributors; and responsible citizens. GIRFEC promotes action to improve the well-being of all children and young people. Eight areas of well-being have been identified as areas in which children and young people need to progress in order to do well now and in the future, through the following set of Well-being Indicators: healthy; achieving; nurtured; active; respected; responsible; included; and, above all in this context, safe.
12. GIRFEC has a number of key components: ¹

a focus on improving outcomes for children, young people and their families based on a shared understanding of well-being;
a common approach to gaining consent and sharing information where appropriate;
an integral role for children, young people and families in assessment, planning and intervention;
a co-ordinated and unified approach to identifying concerns, assessing needs, agreeing actions and outcomes, based on the Well-being Indicators;
streamlined planning, assessment and decision-making processes that lead to the right help at the right time;
consistent high standards of co-operation, joint working and communication where more than one agency needs to be involved, locally and across Scotland;
a Lead Professional to co-ordinate and monitor multi-agency activity where necessary;
maximising the skilled workforce within universal services to address needs and risks at the earliest possible point;
a confident and competent workforce across all services for children, young people and their families; and
the capacity to share demographic, assessment and planning information electronically within and across agency boundaries.

13. Closely linked to GIRFEC, the Early Years Framework seeks to maximise positive opportunities for children to get the best start in life. It addresses the needs of those children whose lives, opportunities and ambitions are being constrained by Scotland's historic legacies of poverty, poor health, poor attainment and unemployment. At the heart of this approach is a shift to early proactive intervention in the lives of children that provides a supportive environment for children and the earliest possible identification of any additional support that may be required.
14. Within these two cornerstones of Scottish Government policy, the need to keep children safe is paramount. In the vast majority of cases, this role is played by parents and families. For many other children and families, early, proportionate intervention can provide the necessary support to prevent problems escalating. However, in some instances, parents and carers, either through acts of omission or commission, can cause significant harm to a child. In such instances, responses under child protection measures will be required.
15. In the past decade, increasing awareness of the potential negative impact on children from parental issues such as alcohol and drug misuse, domestic violence and mental health problems, has risen significantly. Equally, our understanding of the potential harm to children caused by child trafficking, internet grooming and sexual exploitation has also increased. This guidance, therefore, also addresses a number of areas that, whilst not necessarily linked to familial responsibility, can and do result in significant harm to children and require a strategic response from local services.
16. Child protection has, in the past, traditionally been seen as the domain of statutory services, in particular, social work services and the police, which both have a legal responsibility to investigate child protection concerns. Increasingly, it is recognised that this is a shared role among all agencies which interface with the public, both within an adult and child service provider context.
17. Services and/or agencies which perhaps previously understood their role as to 'pass on' concerns about children are now expected to recognise and actively consider potential risks to a child, irrespective of whether the child is their 'client', patient or service user. All services that work with children and/or their adult carers, are expected to identify and consider the child's needs, share information with other agencies and work collaboratively with other services (as well as the child and their family) to improve outcomes.
18. Messages from research and Her Majesty's Inspectorate of Education ( HMIE) and Social Work Inspection Agency ( SWIA) inspections of services to protect children have assisted in identifying 'good' practice in child protection. Alongside significant case reviews, they have contributed to our understanding of what pitfalls to avoid. The need for comprehensive and robust assessments, good communication and information-sharing, sound decision-making and outcome-focused planning and intervention have all been recurring themes in the past decade.
19. At the same time, there is a clear set of responsibilities placed with Chief Officers and senior managers to deliver robust, co-ordinated strategies and services to protect children and provide an agreed framework for practitioners and managers alike to achieve the common objective of keeping children safe.
20. Perhaps most significantly, the need for interventions to be outcome-focused and not process-led has been an increasing theme of policies and service provision. It is critical that this approach underpins how all who work with children consider issues of child protection. In line with GIRFEC, at all stages of intervention, practitioners should reflect on a series of questions that should shape how they respond to concerns:

What is getting in the way of this child or young person's well-being?
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? ²

By keeping these questions in mind, keeping children at the centre will be more than rhetoric and become the baseline by which we must measure any involvement in a child's life.

Government code of practice on consultation (The Department of Health)

Sat, 19 Jun 2010 03:01:45 +0100
This consultation started around the 19th June 2010, but we couldn't automatically determine when it ends. Check its website for more information.We were unable to obtain a summary of this consultation. For more details, visit its website.

Registers of Scotland Fee Review 2010 Consultation (The Scottish Government)

Mon, 21 Jun 2010 01:00:00 +0100
This consultation started on 21st June 2010 and ends on 10th September 2010.

This consultation invites views on proposed changes to fees charged by Registers of Scotland (RoS)...

Scottish Ferries Review: Strategic Environmental Assessment (The Scottish Government)

Fri, 11 Jun 2010 01:00:00 +0100
This consultation started on 11th June 2010 and ends on 30th September 2010.

As part of the Scottish Ferries Review and preparation of the draft Ferries Plan, the Scottish Government is carrying out a strategic environmental assessment (SEA)...

Northern Isles Ferry Services (The Scottish Government)

Fri, 11 Jun 2010 01:00:00 +0100
This consultation started on 11th June 2010 and ends on 30th September 2010.

The present contract for the provision of lifeline ferry services between the mainland of Scotland and Orkney and Shetland expires in 2012...

Scottish Ferries Review (The Scottish Government)

Fri, 11 Jun 2010 01:00:00 +0100
This consultation started on 11th June 2010 and ends on 30th September 2010.

The Scottish Ferries Review is intended to inform the Scottish government's long term strategy for lifeline ferry services in Scotland and influence the next round of procurement of ferry services and supporting infrastructure...

Scottish Ferries Review (The Scottish Government)

Fri, 11 Jun 2010 01:00:00 +0100
This consultation started on 11th June 2010 and ends on 30th September 2010.

Broadcasting Code Review: Commercial Communications in Radio Programming (The Office for Communications (Ofcom))

Mon, 28 Jun 2010 01:00:00 +0100
This consultation started on 28th June 2010 and ends on 17th September 2010.

This consultation explores four options in relation to commercial communications on radio (-2-). These range from retaining current regulation through to the possibility of providing much greater liberalisations, including allowing commercial communications to be integrated within editorial.
Commercial communications on radio are, generally, paid-for broadcast references to products and services. They currently comprise:

spot advertisements, which are broadcast in commercial breaks; and
sponsorship credits, which identify programming (or station) sponsorship and are broadcast around (and sometimes in the course of) the sponsored programming.

Currently, spot advertisements must be kept separate from radio programming (sometimes referred to as 'editorial') and only feature in commercial breaks. The only paid-for commercial communications in the course of radio programming that are currently permitted are therefore sponsorship credits. However, it should be noted that advertising messages may currently be placed in both spot advertisements and sponsorship credits.

Broadcasting Code Review: Commercial references in television programming (The Office for Communications (Ofcom))

Mon, 28 Jun 2010 01:00:00 +0100
This consultation started on 28th June 2010 and ends on 17th September 2010.

To date, Ofcom's Broadcasting Code has prohibited product placement. This prohibition was based on the requirements of European legislation. Changes to EU law, and resulting amendments to UK legislation, now allow for the placing of references to products, services or trade marks in television programmes in return for payment.
As a result of these changes, we intend to amend the Code to remove the prohibition on product placement. This consultation therefore sets out proposed new rules reflecting the new UK legislation that enables product placement in television programming.
The introduction of product placement impacts on the regulation of other types of commercial references during television programming, such as sponsorship. We are therefore also proposing revisions to those rules we consider are impacted by product placement.

Wider Planning for an Ageing Population - Housing & Communities (The Scottish Government)

Tue, 29 Jun 2010 01:00:00 +0100
This consultation started on 29th June 2010 and ends on 29th September 2010.

In future years, older people will form a greater proportion of Scotland's population than ever before. For most, this will not make a great difference to the lives they lead, but some people will need some help. It could be help with care needs, with household tasks or with getting out and about.
Services for older people are provided by the NHS, local authorities, voluntary and charitable organisations and the private sector and others. They may be provided in the person's home, in a care home or in hospital.
The arrangements we have for supporting older people are at the heart of these services. However, they were not designed to cope with the demands they will soon face. We need to recognise that the way the population is changing means that current systems are not sustainable in the longer term.
In 2009, the Scottish Government, COSLA and the NHS established the Reshaping Care for Older People programme 3 - a major programme to engage all interests in reshaping care and support services so that we meet policy objectives in ways that are sustainable. The programme consists of eight work streams, including one on housing and communities, known as Wider Planning for an Ageing Population.
The Wider Planning for an Ageing Population workstream had two key aims:

To understand the key needs and wants of older people, with respect to the housing and environmental circumstances that would optimise their independence and quality of life; and
To propose short, medium and long term actions at national and local level that will positively impact on meeting agreed needs and wants.

A stakeholder working group was established to take work forward. It was briefed to consider radical and innovative ideas which could inform strategy for older people's housing over the next twenty years, while recognising the likelihood of a more difficult financial climate in future years. In that context, it was important to consider all ideas, particularly new approaches, but also to look at how value could be added to current expenditure. While recognising that wider issues, such as transport and leisure are also important, this workstream focuses predominantly on housing and its immediate environment.
This consultation is about the report produced by the Wider Planning for an Ageing Population stakeholder working group. The report provides details of the approach taken to the workstream, the issues and draft outcomes discussed and the suggested actions. The full report can be viewed here, but this paper provides a summary of the issues, main outcomes and suggested actions to achieve them.
The Wider Planning workstream report represents the output of a short and concentrated period of work by a small group of stakeholders. We would now like to publicise the workstream and seek views more widely. We are conscious that wider discussion may highlight further opportunities for action, but believe the current proposals provide a helpful starting point.

Scale of costs in successful court actions for debt in England and Wales (Her Majesty's Revenue and Customs)

Thu, 01 Jul 2010 01:00:00 +0100
This consultation started on 1st July 2010 and ends on 23rd September 2010.

This consultation document seeks your views on scale of costs in successful court actions for debt in England and Wales.

Section 51 of the Insolvency Act 1986 (The Scottish Government)

Thu, 22 Jul 2010 01:00:00 +0100
This consultation started on 22nd July 2010 and ends on 29th October 2010.

The aim of this discussion paper is to explore whether, for EU-based companies, section 51 of the Insolvency Act 1986 (on the power to appoint a receiver where there is a floating charge) provides the optimum legal environment for investment and business practice in Scotland, or whether amendment might be beneficial.

Enforcement of the European Parliament and Council Regulation on Food Flavourings (Scotland) (The Food Standards Agency)

Fri, 23 Jul 2010 01:00:00 +0100
This consultation started on 23rd July 2010 and ends on 14th October 2010.

In July 2006 the European Commission published proposals for European Parliament and Council Regulations aimed at clarifying and updating the existing legislation on food additives and food flavourings and introducing new EU-wide rules on food enzymes, together with a proposal for common authorisation procedures for all three.
As European Parliament and Council Regulations, they are directly applicable in the UK; however Scottish Statutory Instruments (SSIs) are required to enforce them and to identify penalties for failure to comply. Enforcement SSIs are now in place for additives and enzymes (which applied from 20 January 2010). However, as the Regulation on flavourings applies 12 months later (20 January 2011), we are consulting on the enforcement provisions for this Regulation now.
The purpose of this written consultation is to seek stakeholders' views on:

The enforcement in Scotland of the EU Regulation described in this document (a draft enforcement SSI for Scotland can be found at Annexe D)
The accompanying Business Regulatory Impact Assessment at Annexe C – this updates the Partial Regulatory Impact Assessment on the original Commission flavourings proposal.

Separate, corresponding, SIs will be made in England, Wales and Northern Ireland and will be consulted on separately.
Provisions
The enforcement provisions of EU Regulation 1334/2008 come into effect from 20 January 2011. However, some provisions of this EU Regulation applied from i20 January 2009. Amendments to Annexes II to V are permitted under Article 22. However, foods that are lawfully placed on the market prior to 20 January 2011 that do not comply with Regulation 1334/2008 can be marketed until their date of minimum durability or use-by-date in accordance with Article 30.
Offences
Regulation 3(1) of the Flavourings in Food (Scotland) Regulations 2010 makes it an offence to fail to comply with the specified provisions of the new EU Regulation. Regulation 3(2) sets out the provisions in Regulation 1334/2008 which are enforced by making it an offence to fail to comply with them. Regulation 3(2)(h) in particular is an enforcement measure on which we seek the views of consultees; it enforces Article 19(2) and (3) respectively of Regulation 1334/2008. Article 19(2) relates to an approved flavouring which is subsequently modified via different production methods or by using different starting materials, and will therefore require another evaluation. Article 19(3) requires food business operators to inform the Commission immediately of any new information that might affect the safety assessment of an approved flavouring.
Enforcement measures have not been applied to Article 19(1) however, where the Commission requests food business operators to supply them with information regarding the categories and levels for flavourings used in foods. In the event that a food business operator declines to provide the Commission with the requested information, it may result in the suspension of the use of the flavouring in question because an appropriate review cannot be conducted – which we believe would in practice render Article 19(1) a self-enforcing measure. We welcome your views as to whether enforcement measures are/are not required for Article 19(1).
Consequential and other amendments
Article 29 of EU Regulation 1334/2008 amends the Food Labelling Directive, (Directive 2000/13/EC), and as a consequence, changes are also required to the UK Food Labelling Regulations.

The Equality Act 2010: Consultation on Secondary Legislation that will enable the Additional Support Needs Tribunals for Scotland (ASNTS) to Hear Disability Claims Cases in School Education (The Scottish Government)

Fri, 02 Jul 2010 01:00:00 +0100
This consultation started on 2nd July 2010 and ends on 24th September 2010.

1. This consultation paper seeks your views on proposed secondary legislation, following the Equality Act 2010 (the Equality Act), which will enable the Additional Support Needs Tribunals for Scotland ( ASNTS) to hear disability claims (discrimination, harassment and victimisation) cases in school education. The ASNTS was established in November 2005 by The Education (Additional Support for Learning) (Scotland) Act 2004 (as amended by The Education (Additional Support for Learning) (Scotland) Act 2009) ( ASL Act 2004 as amended) to hear cases involving children and young people with additional support needs who have a dispute with their education authority, which could not be resolved by less formal means. The Equality Act will extend the Tribunal's jurisdiction to also hear disability claims in school education, and Scottish Ministers must make secondary legislation containing new rules of practice and procedure to enable the Tribunal to hear these cases. The Equality Act will have a staggered commencement.
2. Details of the proposed secondary legislation are provided in the consultation paper and you will be asked questions on the legislation, where appropriate. Please answer these questions using the consultation questionnaire provided at Annex A, and return this form along with the completed Respondent Information Form also at Annex A, to EqualityAct@scotland.gsi.gov.uk
Responses are required by 24 September 2010. Your views will contribute to the development of the rules and regulations of the ASNTS. General information about the Scottish Government consultation process can be found at Annex B and a list of organisations that are being consulted is attached at Annex C. If you have any queries contact Claire Killen at:
claire.killen@scotland.gsi.gov.uk
or
Claire Killen

Support for Learning
The Scottish Government
Victoria Quay
Leith,
EH6 6QQ

Prior to focussing on the proposed secondary legislation, the consultation paper will commence with an examination of the background to extending the jurisdiction of the ASNTS, including further information on the Equality Act and the current jurisdiction of the ASNTS.

Consultation on Directive 2009/33/EC of the European Parliament on the promotion of clean and energy-efficient road transport vehicles (The Scottish Government)

Mon, 05 Jul 2010 01:00:00 +0100
This consultation started on 5th July 2010 and ends on 27th September 2010.

This consultation seeks views on the transposition of this Directive.

Resourcing a high quality planning system (The Scottish Government)

Wed, 07 Jul 2010 01:00:00 +0100
This consultation started on 7th July 2010 and ends on 15th October 2010.

The purpose of this consultation is to seek views on how the planning service could be more effectively resourced and focused on quality of service...

Penalty Clauses (Scotland) Bill Consultation (The Scottish Government)

Thu, 08 Jul 2010 01:00:00 +0100
This consultation started on 8th July 2010 and ends on 8th September 2010.

Aim of consultation is to seek views on the Scottish Law Commission's draft Pena...

Blue Badge Reform (The Scottish Government)

Mon, 12 Jul 2010 01:00:00 +0100
This consultation started on 12th July 2010 and ends on 8th October 2010.

A consultation on the Blue Badge Scheme to ensure that the Scheme, that has been running since 1971, stays fit for purpose in the 21st century...

Blue Badge Reform (The Scottish Government)

Mon, 12 Jul 2010 01:00:00 +0100
This consultation started on 12th July 2010 and ends on 8th October 2010.

A consultation on the Blue Badge Scheme to ensure that the Scheme, that has been running since 1971, stays fit for purpose in the 21st century...

Consultation on draft legislation for Equitable Liability concession (Her Majesty's Revenue and Customs)

Mon, 12 Jul 2010 01:00:00 +0100
This consultation started on 12th July 2010 and ends on 1st October 2010.

Consultation document seeking views on whether the draft legislation gives effect to the concessionary treatment known as Equitable Liabilty.

Reducing the Risk from E. coli O157 – controlling cross contamination (England) (The Food Standards Agency)

Wed, 14 Jul 2010 01:00:00 +0100
This consultation started on 14th July 2010 and ends on 5th October 2010.

The Report of the Public Inquiry into the 2005 E. coli O157 outbreak in Wales was published in 2009 and made a number of recommendations, to which the Agency is responding on a UK-basis. In relation to this consultation, the following are the most significant:

Recommendation 1: All food businesses must ensure that their systems and procedures are capable of preventing contamination or cross-contamination of food with E. coli O157
Recommendation 4:: The principles underpinning the Butchers' Licensing Scheme...should guide food hygiene measures in businesses processing raw meat and unwrapped ready to eat foods
Recommendation 5: The Food Standards Agency should review its current guidance and should be proactive in generating new guidance where needs are identified
Recommendation 6: The Food Standards Agency should remove the confusion that exists among food business operators about what solution(s) should be used to prevent cross-contamination from surfaces and equipment

E. coli O157 is a particularly dangerous organism due to:

its very low infective dose that can cause serious illness and death
its ability to survive acidic environments, refrigeration and freezing

Young children, the elderly and immune-compromised individuals are particularly at risk. While not exclusively meat-borne, the fatalities in Scotland (1996) and Wales (2005) were due to cross-contamination of food by E. coli O157 from raw meat in abutcher's premises.

Reducing the Risk from E. coli O157 – controlling cross contamination (Wales) (The Food Standards Agency)

Wed, 14 Jul 2010 01:00:00 +0100
This consultation started on 14th July 2010 and ends on 5th October 2010.

Recommendation 1: All food businesses must ensure that their systems and procedures are capable of preventing contamination or cross-contamination of food with E.coli O157
Recommendation 4: The principles underpinning the Butchers' Licensing Scheme...should guide food hygiene measures in businesses processing raw meat and unwrapped ready to eat foods
Recommendation 5: The Food Standards Agency should review its current guidance and should be proactive in generating new guidance where needs are identified
Recommendation 6: The Food Standards Agency should remove the confusion that exists among food business operators about what solution(s) should be used to prevent cross-contamination from surfaces and equipment

E. coli O157 is a particularly dangerous organism due to:

its very low infective dose that can cause serious illness and death
its ability to survive acidic environments, refrigeration and freezing

Reducing the Risk from E. coli O157 – controlling cross contamination (Northern Ireland) (The Food Standards Agency)

Wed, 14 Jul 2010 01:00:00 +0100
This consultation started on 14th July 2010 and ends on 5th October 2010.

Recommendation 1: All food businesses must ensure that their systems and procedures are capable of preventing contamination or cross-contamination of food with E.coli O157
Recommendation 4: The principles underpinning the Butchers' Licensing Scheme...should guide food hygiene measures in businesses processing raw meat and unwrapped ready to eat foods
Recommendation 5: The Food Standards Agency should review its current guidance and should be proactive in generating new guidance where needs are identified
Recommendation 6: The Food Standards Agency should remove the confusion that exists among food business operators about what solution(s) should be used to prevent cross-contamination from surfaces and equipment

E. coli O157 is a particularly dangerous organism due to:

its very low infective dose that can cause serious illness and death
its ability to survive acidic environments, refrigeration and freezing

Banking Levy (Her Majesty's Revenue and Customs)

Tue, 13 Jul 2010 01:00:00 +0100
This consultation started on 13th July 2010 and ends on 5th October 2010.

The government has launched a consultation on the design and implementation of a bank levy. An associated Consultation Stage Impact Assessment has been published on the HM Treasury website.