Child Protection

Dumfries and Galloway Constabulary hold firm the vision that all our children must be kept safe, nurtured, healthy, achieving, active, respected, responsible and included.

Working closely with our partners in the Local Authority and other agencies, the Family Protection Unit form part of quality multi-agency arrangements, which focus on the experiences of children and young people and their families.

Dumfries and Galloway Child Protection Committee (CPC) is the primary strategic planning mechanism for inter-agency child protection work in our Authority area. The CPC is a multi-agency group which meets regularly and plays a central part in the planning and development of child protection work across all agencies.

The Charter

The Charter was launched in 2004 and sets out what children and young people need and expect to help protect them when they are in danger of being, or already hav been, harmed by another person.

Visit the Scottish Government website to read more about Protecting Children and Young People: The Charter.

Children's Rights

The Children (Scotland) Act 1995 states: -

• Each child has a right to be treated as an individual.
• Each child can form a view on matters affecting her or him and has the right to express these views.
• Each child has the right to protection from all forms of abuse, neglect or exploitation.
• Parents should normally be responsible for the upbringing of their children and they should share the responsibility.
• So far, as is consistent with safeguarding and promoting the child’s welfare, public authorities should promote the upbringing of children by their families.
• Any intervention by a public authority in the life of a child must be properly justified and should be supported by services from all relevant agencies working in collaboration.

Definition of Child Abuse

A child is defined, under the Children (Scotland) Act 1995, as: -

• a child who has not attained the age of 16 years;
• a child over 16 but under 18 who is already subject to supervision under the Act;
• a child whose case has been referred under the Act (Supervision of Children moving to Scotland).

Abuse and neglect may be caused by inflicting harm or by failing to act to prevent harm. This can occur in any environment including within families, within institutions or outside in a community setting. Most cases are caused by people known to the victim, although officers must also be mindful that it can be caused by a complete stranger.

Physical abuse can take many forms including hitting, shaking, throwing, burning, poisoning, scalding and suffocation. Some cases might include fabricating or including illness in a child and consequently subjecting that child to unnecessary medical intervention.

Investigations

All child protection investigations or enquiries into child concerns, carried out by Dumfries and Galloway Constabulary, in conjunction with other care agencies, aim to be child centred with the welfare of the child always being of paramount importance.

Upon receipt of a child concern referral, the Police and other child protection agencies will meet and share information on the nature of the concern and any other relevant information known about the child and her/his family circumstances. The meeting will decide which course of action should be taken in the interests of the child, and any action taken will encompass as sensitive an approach as possible.

The child’s views will be listened to and respected and her/his views will be taken into account when decisions are taken. Children and young people will be constantly updated about what is going to happen next and why.

Children, young people or family members with learning or communication difficulties or for whom English is not their first language will be helped as much as possible to understand what is happening to them.

Officers based in the Family Protection Unit are specially trained in a number of areas, including detective officer skills, child protection legislation, how to interview children and how to gather and present forensic evidence from the scene of a crime and evidence obtained from victims, witnesses and suspects.

During the course of the investigation, the Family Protection Unit will work very closely with other medical professionals and social workers who have undergone specialist training in child protection work.

During the course of the investigation and after enquiries have been concluded, the child will be supported. Often, when a child or young person needs help there is generally an adult who knows them very well, who recognizes their need and who will take steps to help them. These people will be involved in the protection process, continually safeguarding the child’s interests

All child protection agencies in Dumfries and Galloway will strive to work very hard to ensure that the child is helped and supported, both practically and emotionally, even if family members are unable or unwilling to accept help on their behalf. It is important that support is given to the child or young person at times, places and frequency acceptable to the child, to reduce the likelihood of further harm and achieve the best possible outcome for that individual child.

Child Abduction

Every year a number of children are taken or sent out of the United Kingdom, by parents or relatives who do not have lawful custody of that child. Legislation under the Child Abduction Act 1984 makes it an offence to take or send a child aged less than 16 years out of the United Kingdom without the appropriate consent if there is in respect of the child:

1. any order in the United Kingdom awarding custody to the child to any person or
2. an order of a court in England, Wales or Northern Ireland making the child a ward of court
3. or if there is in respect of the child an order of a court in the United Kingdom prohibiting the removal of the child from the United Kingdom or an part of it .

The Hague Convention on the Civil aspects of International Child abduction is a legal mechanism available to parents seeking the return of their child to them. If a child is taken to a country, which recognizes the Hague Convention, it is agreed by the member countries that the child must be returned to the country of habitual residence as swiftly as possible. The principle of the convention is that the custody arrangements for a child are best dealt with by the courts in the child’s country of habitual residence. Under the convention parents can also seek to enforce rights of access.

Under the Hague Convention the Scottish Executive Justice department acts as the Central Authority in Scotland. In the event your child is abducted or wrongfully detained in another country then it is necessary for you or your solicitor to get in touch with the Central Authority as soon as possible. The Central Authority is neutral but it will arrange for applications and if necessary translations to be transmitted to member countries. Generally there is no cost associated with making an application under the Hague Convention. Further information on the Central Authority and contact details can be found on Scottish Government website or telephone 0131 2444848.