Child protection

NHS Ayrshire & Arran guidelines
NHS Ayrshire and Arran

The protection of children and young people including unborn babies is defined as under the age of 18 years. While child protection procedures may be considered for a person up to the age of 18, the legal boundaries of childhood and adulthood are variously defined. There are overlaps. The age and circumstances of the individual will determine what legal measures can be applied.

This list is not exhaustive and no category of harm is excluded simply because it is not explicitly listed:

Behaviours that constitute harm to a person could be in the form of:

  • Physical abuse. Physical abuse is the use of physical force or mistreatment of one person by another which may or may not result in actual physical injury.
  • Sexual violence and abuse.
  • Psychological / emotional abuse/ scapegoating.
  • Neglect (physical or emotional)
  • Exploitation of a sexual nature.

It is important to consider if harm is intentional/unintentional/unexplained. United Nations Convention Rights of Children (UNCRC) Act.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 became law in Scotland in July 2024 and most of its provisions came into force at this time. The Act places legal duties on public authorities not to act incompatibly with the UNCRC requirements as defined in the Act. It also intends to improve the culture of Children's Rights in Scotland.

This toolkit is designed to empower professionals to ensure the following articles of the UNCRC are adhered to:

  • Article 3 – Best interests of the child.
  • Article 19 protect the child from all forms of abuse.
  • Article 24 – Health and health services.
  • Article 27 rights of the child to an adequate standard of living for child’s development.

Child protection referral

All NHS A&A staff have a duty to recognise, report and record concerns about harm of a child abuse, neglect, exploitation, or violence without delay to social work or in situations where risk is immediate, to Police Scotland. Where a child is thought to require immediate medical assistance, this should be sought as a matter of urgency from the relevant health services. Consideration must always be given to the needs and potential risks to other children in the same household or family network.

When a Child Protection referral (and Adult referral) is submitted the referrer will receive a receipt of referral email the same day and written feedback should be received within 5 days following a Child Protection referral. This assures staff that the referral has been received and will be processed. If however this receipt is not received staff are advised to contact the relevant social work office to check the referral has been received. Due to confidentiality it is not always appropriate for referrers to receive feedback about their referral. If it is felt that feedback would be useful in terms of ongoing care planning and intervention but no feedback has been received staff are advised to contact the relevant social work office to discuss.