Reports & recommendations

192 recommendations, each with the government response on the record. Filter by government response or delivery status.

Recommendations (192)

1

Child law reform and human rights conventions

Recommendation

Reform in the field of child law and in particular in matters of child protection should proceed under reference to the European Convention on Human Rights and the UN Convention on the Rights of the Child (15.2-3).

2

Avoid undefined labels in abuse cases

Recommendation
As regards terminology it is recommended that in the investigation and practical management of cases of child sexual abuse care should be taken to avoid the use of labels without a common understanding of the definition and the purpose of …
3

Increase public awareness of child sexual abuse

Recommendation

Steps should be taken to increase public awareness of the problem of child sexual abuse and of the difficulties inherent in the work of investigation of child abuse (15.17).

4

Training and services for stress

Recommendation

Consideration should be given to the development of training and services to deal with the levels of stress experienced in work in relation to child sexual abuse (15.18).

5

Support systems for child protection staff

Recommendation
Consideration should be given in all agencies where the need is recognised to the provision of an appropriate support system for those engaged in child protection work including those at managerial levels. Senior staff in Social Work Departments and Police …
6

Active role for Area Child Protection Committees

Recommendation
Area Child Protection Committees should be encouraged to take active initiatives in suggesting courses of action, training, practical planning and other positive projects to secure that the whole needs of child protection are effectively and efficiently met in their area …
7

Keep an open mind when investigating

Recommendation

Those involved in investigating allegations of child sexual abuse must keep an open mind and not fall into the trap of confusing the taking of what a child says seriously with believing what the child has said (15.22).

8

Treat allegations seriously but test them

Recommendation
Where allegations are made by a child regarding sexual abuse those allegations should be treated seriously, should not necessarily be accepted as true but should be examined and tested by whatever means are available before they are used as the …
9

Respond to a child's confidence with sympathy

Recommendation

The recipient of a confidence from a child must above all display sympathy and understanding and not transmit any element of disbelief (15.24).

10

Secrecy and planning in multiple abuse cases

Recommendation

In the investigation of multiple sexual abuse a high level of secrecy and organisation, a carefully planned approach and a degree of caution should be adopted (15.26-27).

11

Objective assessment before referral or removal

Recommendation
In cases of child sexual abuse neither a referral nor a removal of a child should be undertaken unless both an objective assessment of the situation has been made and in addition meticulous planning, so as to balance the risk …
12

Agencies share information in joint approach

Recommendation

In a joint approach while investigation of a case is properly a matter for the police each agency should share fully with each other the whole information relevant to their particular responsibilities (15.30-31).

13

Designated senior coordinator in multiple abuse

Recommendation

At least in cases of suspected multiple sexual abuse a senior member of the staffs of the Police and Social Work Department should be designated to co-ordinate their joint work (15.32).

14

Joint training and joint guidelines

Recommendation

To assist in practical co-operation both agencies should engage in joint training and should prepare joint guidelines (15.33).

15

Schools to link with Social Work Departments

Recommendation
The discovery of sexual abuse is not the monopoly of any agency. In particular, schools should establish close links with their local Social Work Departments. Teachers should be designated to be trained in the recognition of child sexual abuse and …
16

Awareness for school administrative bodies

Recommendation

The administrative bodies of all schools should be helped to develop an awareness of the problems involved in child sexual abuse and the roles of the various agencies engaged in dealing with it (15.36).

17

Support teachers who may be witnesses

Recommendation
Education authorities should recognise the problems created for teachers in their continuing work where a teacher has become involved as a potential witness in relation to an allegation of abuse. All steps should be taken to minimise the effect which …
18

School information on children in writing

Recommendation

Any information about children which is to be used for the purposes of their compulsory care and which is provided by their school-teacher should be provided in writing (15.38).

19

Early inter-disciplinary meeting and parental involvement

Recommendation
In any case of child sexual abuse an inter-disciplinary meeting should be held at the earliest stage (15.39). Parents should usually be informed from the outset that the suspicion exists and that the matter is being investigated. Their co-operation should …
20

Independent professional advice for Social Work Departments

Recommendation
Social Work Departments should have recourse to independent professional advice in all appropriate cases in addition to the carrying out of any necessary medical examinations. A list of persons suitably skilled and experienced in providing such advice should be available …
21

Cooperation between two local authorities

Recommendation
Where two separate local authorities become involved in the investigation of a case of suspected multiple sexual abuse which extends over both their areas the heads of the respective agencies involved should make special arrangements to ensure complete co-operation (15.47).
22

Contingency plans for media interest

Recommendation
All agencies involved in child protection work should have a contingency plan to enable them to make an effective and appropriate response to media interest to be mounted if occasion should require it and consideration should be given to a …
23

Guidelines to allow for new abuse forms

Recommendation

Guidelines should allow for the possibility of abusive activities of a kind hitherto not clearly identified or recorded (15.49).

24

Sheriff power to exclude suspected abuser

Recommendation

Consideration should be given to empowering a Sheriff to order a suspected abuser to be excluded from contact with a child where abuse is suspected (15.51).

25

Alternatives to prosecution

Recommendation

Consideration should be given to the adoption of alternatives to prosecution in appropriate cases (15.52).

26

Alternatives to imprisonment for intra-familial abuse

Recommendation

While there should be no decriminalising of child sexual abuse, consideration should be given to alternatives to imprisonment in cases at least of intra-familial child sexual abuse (15.53-54).

27

Guidelines as guidance, not mandatory rules

Recommendation

While guidelines should be available for practitioners working in cases of child sexual abuse they should not be mandatory rules but guidance for normal procedure (15.55-56).

28

Local authority child abuse guidelines

Recommendation

All local authorities should have guidelines for the management of cases of child abuse consistent with and in the context of national guidelines (15.57).

29

New edition of national guidelines

Recommendation

A new edition of national guidelines for Scotland should be prepared embodying extracts from the relevant legislation (15.58-59) set in the context of a clear statement of basic principles (15.60).

30

Co-operative preparation of national guidance

Recommendation
The national guidance should be prepared with the co-operation of all agencies and disciplines engaged in work in the field of child abuse and be available as guidance for all of them (15.61). It should include guidance on all forms …
31

National guidance on inter-area co-operation

Recommendation
The national guidance should include guidance on the principles to be followed where authorities or agencies of different areas require to co-operate in dealing with complex cases of child abuse together with other particular matters suggested in the main Report …
32

No constitutional change for small authorities

Recommendation

So far as the problem of a small local authority requiring to deal with a major case of suspected multiple sexual abuse is concerned it is not recommended that any solution along the lines of constitutional change should be adopted (15.67-69)

33

Central resource for expertise and support

Recommendation
While practical assistance by way of extra staff may be obtained from geographically adjacent regions or failing that from other parts of Scotland (15.81) a central resource should be established to provide a high level of expertise for guidance, advice …
34

ADSW and SWSG resource group

Recommendation

ADSW with the support of SWSG should set about the creation of a resource group whose members would be available when required to advise any social work agency in cases of particular complexity (15.80).

35

Lists of psychiatrists and psychologists

Recommendation

Area Child Protection Committees should prepare lists of psychiatrists and psycholgists available to give professional advice when required (15.82).

36

Research into child sexual abuse

Recommendation

Research should be urgently undertaken into all forms of child sexual abuse and in particular cases of multiple abuse and into the provision of personal social services in the islands authorities and the less populated areas of Scotland (15.84-88).

37

Rewrite section 37(2) removal power

Recommendation
Section 37(2) of the Social Work (Scotland) Act 1968 should be re-written so as expressly to empower removal of a child where the child is likely to suffer imminent and significant harm of any kind and the removal is necessary …
38

Guidance on instructing removal

Recommendation

Guidance should be given on the occasions on which the discretion to instruct removal should be exercised (16.7).

39

Training to consider child's self-protection

Recommendation

In all training in matters of child abuse account should be taken of the opportunity which a child has to take steps for his or her own protection (16.8).

40

Removal as last resort

Recommendation
Removal of a child should be recognised as a course to be considered where no alternative exists and the urgency of the risk requires it (16.9). Caution must be exercised (16.10). The gravity of the threat has to be considered …
41

New name for Place of Safety Order

Recommendation

To avoid confusion a name other than ‘Place of Safety Order’ or the corresponding English Order should be adopted and the title ‘Child Protection Order’ is used for convenience (16.13)

42

Record grounds for seeking an Order

Recommendation

A record should be kept of the grounds for any decision to seek a Child Protection Order (16.14).

43

Record decision when Order cannot be executed

Recommendation
Where it is considered that a Child Protection Order should be executed but the Order cannot be effected immediately a clear written record should be made of the decision to obtain it, the reason for it and the reason why …
44

Clear and cogent evidence for Orders

Recommendation

A Child Protection Order should only be sought where there is clear and cogent evidence to support the Order (16.16).

45

Evidence sufficient to secure retention

Recommendation
Where there is a likelihood of harm continuing to the child if he or she is not retained in care the evidence for a Child Protection Order should be sufficient to give a reasonable expectation of securing such retention after …
46

Standard of satisfaction for Sheriff or JP

Recommendation

The Sheriff or JP granting the Order must be satisfied on the whole material which is placed before him or her that there is reasonable cause to believe that the child is likely to suffer significant harm if the child is not removed (16.18).

47

Two sources of evidence not necessary

Recommendation

Guidance should state for the avoidance of doubt that evidence from two or more separate sources is not a formal necessity for the obtaining of a Child Protection Order (16.19).

48

Orders from Sheriff or JP

Recommendation

Child Protection Orders should be obtained either from a Sheriff or a JP but where the case is one of suspected sexual abuse the Order should if practicable be obtained from a Sheriff (16.20).

49

Further training of JPs

Recommendation

Encouragement should be given to further training of JPs (16.21).

50

No change to who may remove a child

Recommendation

No change should be made so far as concerns the definition of the persons who may remove a child to a place of safety (16.22).

51

Amend Criminal Procedure Act terminology

Recommendation

Consideration should be given to the possible amendment of Sections 14 and 323 of the Criminal Procedure (Scotland) Act 1975 so as to bring their terminology into accord with the revised provisions of Section 37(2) of the Act of 1968 (16.23).

52

Standard form of application

Recommendation

A simple standard form should be designed for applications for Child Protection Orders in Scotland (16.24).

53

Written statement of grounds

Recommendation
At the time of making the application or within forty-eight hours thereafter a written statement of facts setting out the grounds for the perceived risk to the child should be prepared and presented to the Sheriff or JP (16.25) The …
54

Order to state its grounds

Recommendation

The Order should contain a brief statement of the grounds on which it was granted in addition to the other necessary details (16.27).

55

Immediate opportunity to vary or cancel

Recommendation

The child and his or her parent or guardian should have an immediate opportunity to have the Order varied or cancelled by the Sheriff (16.28).

56

Reporter's power to return the child

Recommendation

The Reporter’s existing power to have the child returned should continue but should be qualified in its exercise by the proviso that the return of the child would not expose the child to the risk of significant harm (16.29).

57

Intimate Order to police and Reporter

Recommendation

A Child Protection Order together with the form of application and any supporting documentation should be intimated both to the police and to the Reporter (16.30).

58

Supplementary Orders when Order granted

Recommendation

On the occasion of the grant of a Child Protection Order such authorisations or supplementary Orders as may be appropriate to the circumstances should also be granted (16.31).

59

Concealing child's address from parent

Recommendation

Where the address of the child or children should be concealed from the parent a specific Order should be made to that effect at the time of the grant of the Order with or without a limit on the period for such concealment (16.32).

60

Three day enforcement period

Recommendation

Child Protection Orders should be enforceable only within a period of three days only from the date of the grant (16.33).

61

Timing of removal and child's welfare

Recommendation

The time for the removal of a child must depend upon the whole circumstances of each particular case but the prime consideration must be the welfare of the child (16.34).

62

Full written instructions for removal

Recommendation

At least in complex cases those involved in the removal of the child should be given full written instructions (16.35).

63

Information for those removing children

Recommendation

Social workers and police officers removing children to places of safety should when practicable be given sufficient information to enable them to inform the child and the parents about the place of safety (16.36).

64

Written background on the child

Recommendation

Where practicable written information should be available about the background of the child for the use of the social worker or police officer removing the child (16.37).

65

Copy of Order and explanation for parents

Recommendation
A spare copy of the Order should be given to and left with the parent when the child is removed or delivered to them at the earliest practicable time thereafter (16.38). In addition to the copy of the Order a …
66

Maintaining contact with the parent

Recommendation

Guidance should be given on the need for maintaining contact with the parent and the method of securing that contact despite the risk of hostility which the worker may require to face (16.40).

67

Information for the child's carer

Recommendation

The fullest possible information about the background of the child should be made available to the child’s carer together with such administrative detail as the carer will require for the well-being of the child (16.41).

68

No special forms on removal

Recommendation

No special forms need be required when a child is removed to a place of safety but where occasion permits the Reception into Care Forms should be completed as far as possible to reflect the information available (16.42).

69

Interim Protection Orders

Recommendation
A procedure should be introduced for application to the Sheriff to obtain any of a wide range of Orders as may be appropriate in the circumstances either for purposes of investigation or for the immediate protection of a child pending …
70

Intimation of Interim Protection Order application

Recommendation

The application for an Interim Protection Order should be intimated to the child and to the parent and they should be given an opportunity to object to it (16.45).

71

Guidance on Interim Protection Orders

Recommendation

Guidance should be given on the matters to be considered before resort is had to an Interim Protection Order (16.46).

72

Local authority obligations under section 20

Recommendation

When a child is removed under a Child Protection Order the local authority should be under the same obligations as are set out in Section 20(1) and (2) of the Act of 1968 (17.1-2).

73

Sheriff powers where consents not given

Recommendation

Where consents are required for matters of the care of the child, for interviewing or for examination and parental consents are not forthcoming, specific powers should be obtained from the Sheriff (17.3).

74

Procedures to resolve welfare disputes

Recommendation

Procedures should be provided for the resolution of any disputes regarding the welfare of the child either by the Sheriff or by the Children’s Hearing, depending on which of them has last given directions regarding the child (17.4).

75

Intimate removal to Social Work Department

Recommendation

Any Order authorising the removal of a child should require the person so authorised to intimate the removal and the whereabouts of the child to the appropriate Social Work Department (17.5).

76

Constable to intimate removal likewise

Recommendation

Correspondingly any constable or other person removing a child should give a like intimation to the Social Work Department (17.6).

77

Consider the views of the child

Recommendation

Due consideration should be given to the views of the child in all matters affecting him or her (17.7).

78

Mutual understanding between authorities

Recommendation

Where a child is placed outside the area of the child’s own local authority the Social Work Departments of the two areas should have a clear mutual understanding of the roles and responsibilities of those involved in the care of the child (17.8).

79

Allocate a social worker of home authority

Recommendation

Where a child is placed outside the area of its own home authority a social worker preferably of the home authority should be identified and allocated to that child (17.9).

80

Independent person to protect child's interests

Recommendation

In all cases of Child Protection Orders there should be an opportunity for the appointment of an independent person with a role wider than that of the present safeguarder to protect the child’s interests (17.10-12).

81

Sufficient supply of safeguarders

Recommendation
All local authorities should explore the sufficiency of their supply of persons able and willing to serve in the capacity of safeguarders and if that supply is deficient should take steps to recruit a greater number and arrange training for …
82

Consider appointing a safeguarder

Recommendation
In every case when a child is removed under a Child Protection Order the appointment of a safeguarder must be considered at the time of the granting of the Order or if the appointment is not then made at any …
83

Powers of curators ad litem

Recommendation

Where curators ad litem are appointed their specific powers should be stated in the interlocutor of their appointment (17.16).

84

Pilot scheme for enhanced safeguarder role

Recommendation

A pilot scheme should be run in order to try out an enhanced role of a safeguarder in cases of child protection before further consideration is given to the possible development of a Child’s Advocate (17.17).

85

Keep siblings together

Recommendation

Where siblings who have been living together are taken into care following allegations of abuse they should not be placed separately unless there is some compelling reason in their own interests for so doing (17.18-19).

86

Review and access for separated siblings

Recommendation

Where siblings are placed separately that matter should be kept under regular review (17.20) and they should be permitted reasonable access to each other subject to an appropriate degree of supervision (17.21).

87

Children keep personal possessions

Recommendation

In general, children should be allowed to retain such personal possessions as they reasonably wish or require (17.22).

88

Reasonable access for parents and relatives

Recommendation
In general, reasonable access to a child in a place of safety should be permitted to parents, relatives and friends (17.23) and restrictions on access should only be imposed if there are compelling reasons justifying such restrictions in the interests …
89

Keep access under review

Recommendation

Access should be kept under constant review while a child is in a place of safety (17.25).

90

Sheriff to regulate access

Recommendation
The Sheriff should be empowered to regulate access to a child in a place of safety and should be obliged to consider that matter when the case first comes before him or her after the granting of the Order (17.26-27) …
91

Same principles for communication

Recommendation

The same principles and procedures as apply to access should also be made applicable to all forms of communication between parent and child (17.29).

92

Sheriff to resolve disputes on visits

Recommendation

Any dispute regarding visits by professionals to a child should be resolved by application to the Sheriff (17.30).

93

Continued education of children

Recommendation
Where local authorities exercise any powers involving the removal of a child from home, their Social Work and Education Departments must, at the earliest practicable stage secure that provision is made for the continued education of that child (17.31).
94

Recruit foster carers in Orkney

Recommendation

Orkney Islands Council should take immediate steps to recruit more foster carers within the islands (17.32).

95

SWSG to increase foster carers

Recommendation

SWSG should take urgent steps to assist all local Social Work Departments in a positive initiative to increase their stock of foster carers (17.33).

96

Refuge provision and definition of places of safety

Recommendation

Consideration should be given to a possible provision for refuge for children and to a possible amendment of the definition of ‘places of safety’ (17.33).

97

Written report for foster carers

Recommendation

Foster carers should be given a written report at the time when the child is placed, or as soon as practicable thereafter, with as much personal information about the child as possible (17.34).

98

Keep foster carers informed

Recommendation

Foster carers should be kept informed of any developments regarding any child in their care and of any course of action being taken with the child (17.35).

99

Agreement terms available to foster carers

Recommendation
Where children are placed with foster carers belonging to another local authority, a copy of the terms of the agreement between the two authorities regarding the placement should be available to the foster carer so that lines of support and …
100

No Parent's Advocate at present

Recommendation

It is not recommended at present that a Parent’s Advocate should be appointed to represent parents in contacts with the Social Work Department (17.37).

101

Medical examinations before placement

Recommendation

Medical examinations of children removed under Child Protection Orders should be carried out before they enter their placements (17.38).

102

Lists of persons for medical examinations

Recommendation

Local authorities should prepare lists of appropriate persons to carry out medical examinations of children suspected of sexual abuse in so far as they have not already done so (17.39).

103

General health examination alongside abuse examination

Recommendation

Where a child is being examined for evidence of sexual abuse a general examination of the child’s health should be carried out at the same time (17.40).

104

Sheriff may authorise medical examination

Recommendation

The Sheriff should be empowered to authorise a child to be taken for a medical examination (17.41), although the carrying out of the examination should not proceed if the child refuses to be examined (17.42).

105

Tell parent the examination results

Recommendation

In general, a parent should be told the results of a medical examination of their child (17.43).

106

Child's choice of doctor's sex

Recommendation

A child should be able to choose whether the examination is conducted by a female or a male doctor (17.44).

108

Recognise complexity of interviewing children

Recommendation

There should be a greater recognition by agencies, training colleges, Central Government Departments and the public of the complexity of the task of interviewing children where allegations of sexual abuse arise (17.47).

109

Plan purpose and course of interviews

Recommendation

The purpose, techniques and course of any interviews should be planned at the outset as well as the need to make an overall assessment of the child (17.48).

110

Classification of types of interview

Recommendation

Consideration should be given to the classification and terminology of the various types of interviews which may be held (17.49).

111

Plan all details before interviewing

Recommendation

All details should be thoroughly planned before any interviewing starts (17.50).

112

Seek consents before interviewing

Recommendation

The consents of parents and of children where of a maturity to give consent should be sought prior to investigative interviewing being undertaken (17.51).

113

Training in interviewing and recording

Recommendation

The importance of full training in the art of interviewing and the techniques of recording should be fully recognised (17.52).

114

Avoid interviewers of other children

Recommendation

Wherever possible interviewers who have dealt extensively with children making allegations about other children should not be involved in interviews of those other children (17.53).

115

Consistent background information for interviewers

Recommendation
Each interviewer should wherever possible have consistent and relevant background information about the child and in particular about his or her emotional, physical and mental development (17.54), and an assessment of the child’s wider family (17.55).
116

Interviewers to keep an open mind

Recommendation

The importance should be recognised of interviewers keeping an open mind on the truth or otherwise of any allegations (17.56).

117

Channels from interviewers to case managers

Recommendation

Clear communication channels should be set up from interviewers to case managers (17.57).

118

Value contribution of foster carers

Recommendation

Where investigative interviews are being undertaken the contribution of foster carers must be valued, collected and recorded (17.58).

119

Agreed strategy for joint interviews

Recommendation

Where agencies are to undertake joint interviews, there should be an agreed strategy both for the course of interviews and for the resolution of disputes and for the assessment of the ongoing work both by managers and interviewers (17.59).

120

Interviewers involved in care decisions

Recommendation

Interviewers should be involved in decisions relating to the care of the children while they are in places of safety and the extent of their involvement should be defined (17.60).

121

Limit interviews per interviewer per day

Recommendation

No more than two investigative interviews per interviewer per day should be undertaken and their workloads should be regularly monitored (17.61).

122

Facilities for interviewing children

Recommendation
Attention should be given to the development of more facilities suitable for interviewing children in relation to child abuse (17.62). Area Child Protection Committees should undertake an audit of premises and facilities that may be available locally (17.63).
123

Improve and monitor recording

Recommendation

Every effort should be made to improve recording techniques and maintain consistent recordings throughout a series of interviews (17.64) The standards and practices of recording should be regularly monitored (17.65).

124

Full written record after each interview

Recommendation

Whether or not there is mechanical recording, a full written record must be made as soon as possible after each interview (17.66).

125

Label drawings made in interviews

Recommendation

Any drawings made during an interview should be labelled at the time of creation to enable the occasion and their creator to be clearly identified (17.67).

126

Control of interview tapes

Recommendation

Clear arrangements should be made to secure the control and custody of any audio-tapes or video-tapes of interviews with children (17.68).

127

Supervision in complex interviews

Recommendation

Where interviews involve complex or multiple sexual abuse allegations there must be provided individual personal supervision, management supervision and detailed interview supervision (17.69).

128

Planned supervision of joint interviews

Recommendation

Where interviews are being undertaken jointly, supervision should be planned on an occasional but regular joint basis (17.70).

129

Manager to know interviewer's support

Recommendation

An interviewer’s manager should have a clear understanding of all the people from whom the interviewer is receiving support (17.71).

130

Decide number of interviewers in advance

Recommendation

A decision should be made on the number of interviewers required prior to any interviews starting (17.72).

131

Maximum two interviews per child per week

Recommendation

In general a maximum of two investigative interviews per child per week should be appropriate and the frequency of interviews is a matter for regular review (17.73).

132

Timescale set at planning meetings

Recommendation

The timescale for investigative interviews should be determined at planning meetings (17.74).

133

Initial interview series not above four

Recommendation

An initial series of investigative interviews should usually not exceed four (17.75).

134

Review before departing from interview plan

Recommendation

Any departure from the purpose or number of interviews should only be made after a full review of the situation and the agreement of all agencies (17.76).

135

Matters to consider before interviewing

Recommendation
Before embarking on an investigative interview interviewers should consider the matters of denial and retraction by a child, the interviewer’s knowledge of information relating to allegations, the interviewer’s own agenda, the use of leading questions and the introduction of personal …
136

SWSG to prepare interviewing guidelines

Recommendation
As part of the national guidance already recommended SWSG should undertake the preparation of guidelines for the investigative interviewing of children in consultation with representatives of all the agencies and professions who may be involved in that work (17.78).
137

Departures from guidelines not a breach

Recommendation

A departure from suggested guidelines should not be automatically seen as a breach of good practice (17.78).

138

Review Children's Hearings in child protection

Recommendation
Consideration should be given to the review and revisal of the work of the Children’s Hearings in the area of child protection (18.1-6), including as is suggested later the transference to the Sheriff of all matters relating to a child …
139

Clarify first lawful day hearing

Recommendation

Clarification of the statutory provisions relating to the first lawful day hearing under Section 37(4) of the 1968 Act is required (18.8-18).

140

Immediate recourse to Sheriff

Recommendation

A procedure should be introduced by an amendment to the Social Work (Scotland) Act 1968 enabling immediate recourse to be made to the Sheriff for a decision on the question whether a child reasonably requires to be in a place of safety (18.19).

141

Application for recall within seven days

Recommendation

A parent, guardian or safeguarder of the child should be entitled to apply to the Sheriff for recall of the Order at any time within seven days after the removal of the child (18.20).

142

Transfer processing of Orders to Sheriff

Recommendation

The processing of Child Protection Orders should be transferred from the Children’s Hearing to the Sheriff with certain consequential changes in the procedure of referral (18.21).

143

Legal aid before the Sheriff

Recommendation

Consideration should be given to securing that legal aid is available in the proceedings before the Sheriff (18.22).

144

Order falls if grounds not served

Recommendation

If grounds for referral have not been served within seven days of the removal of a child under a Child Protection Order, the Order should fall (18.23).

145

Single overall limit on detention

Recommendation

A single overall time limit on the detention of a child whether under Section 37 or Section 40 or both Sections of the 1968 Act should be introduced (18.25-26).

146

Confidential information to Sheriff

Recommendation

Provision should be made for the giving of information confidentially to the Sheriff (18.27).

147

Sheriff discretion to release documents

Recommendation

Consideration should be given to empowering a Sheriff at his discretion to release documents to which access is statutorily restricted (18.28).

148

No extension of time for proof

Recommendation

No special provision should be made for extending the time for a proof on the grounds for referral (18.29-30).

149

Inform parties of business meetings

Recommendation

The child and the child’s parent or guardian should be informed of any ‘business meeting’ of the Children’s Hearing and their position presented orally or in writing at that meeting (18.31).

150

Parents' presence and child's interests

Recommendation

The right of parents to be present throughout a Children’s Hearing should give way to the interests of the child when the child’s interests so require (18.32).

151

Representation before Hearings

Recommendation
In considering the whole question of the representation of children and of their parents before Children’s Hearings attention should be paid to the necessity to avoid the introduction of any formal or adversarial character into the proceedings (18.33).
152

Procedure and evidence in children's cases

Recommendation

Consideration should be given to certain matters of procedure and evidence in relation to cases involving children (18.34).

153

Press reporting restraints

Recommendation

Consideration should be given to the desirability or otherwise of introducing further restraints on press reporting of proceedings before Children’s Hearings and in the Sheriff Court in children’s cases (18.35-36).

154

Clarify application of section 58

Recommendation

Consideration should also be given to clarifying the application of Section 58 of the 1968 Act (18.37).

155

Press to promote public understanding

Recommendation

The press should be encouraged to enable a greater understanding by the public of the problems of child sexual abuse and of child protection work (18.38).

156

Reporter's independence in discussions

Recommendation

In any informal discussion between the Social Work Department and the Reporter his independence of action must be recognised and respected (18.39-41).

157

Reporters not to investigate

Recommendation

It is not recommended that Reporters should undertake an investigative function before matters are brought formally to their attention (18.43).

158

No amendment on notice to Reporter

Recommendation

No amendment of the 1968 Act is required to clarify the stage at which agencies should make known their anxieties to the Reporter or of the nature and scope of the material to be passed to him (18.44).

159

Reporter to check continued detention

Recommendation
The Reporter on being informed of the execution of a Child Protection Order should check the propriety of the continued detention of a child (18.45) but should also proceed with his statutory functions under Sections 38 and 39 in light …
160

Reporter as protagonist before Sheriff

Recommendation

In proceedings before the Sheriff the protagonist should be the Reporter and not the agency which removed the child in the first place (18.47).

161

Local guidelines on information to Reporter

Recommendation

It should be clearly stated in all local guidelines in what form if any information requires to be given to the Reporter (18.48-49).

162

Consult before abandoning a case

Recommendation

Where a Reporter requires to consider the abandonment of a case which has been passed to the Sheriff for proof he should consult the Social Work Department before finally deciding to do so (18.50).

163

Reporter and Procurator Fiscal to consult

Recommendation

The Reporter and the Procurator Fiscal should consult together to avoid conflict between the courses of action to be taken and they should also be invited to attend case conferences where appropriate (18.51).

164

Police duty to inform Reporter

Recommendation

In all cases where a police constable has reasonable cause to believe that a child may be in need of compulsory measures of care he should be under a statutory duty to pass that information to the Reporter (18.52).

165

Reporter to obtain police information

Recommendation
An express statutory provision should be made enabling the Reporter to obtain from the police any information or articles held by them so that they may be available for the conduct of a proof under Section 42, subject to their …
167

Guidance for Reporters

Recommendation

Consideration should be given to the preparation of guidance for Reporters to secure greater uniformity across Scotland in their practice (18.56).

168

ADSW to promote debate on social work

Recommendation

ADSW should promote debate in Scotland through social work and allied agencies regarding the role and function of social work as a profession for the future so as best to serve the needs of the community (19.1-3).

169

Self-governing social work profession

Recommendation

ADSW should consider the taking of appropriate initiatives to develop a centralised self-governing profession of social worker in Scotland (19.4).

170

Child protection as specialist area

Recommendation

The whole area of work in child protection requires to be seen as a specialist area to be undertaken by practitioners with specialist skills and knowledge with adequate training and support (19.5-6).

171

More social work training facilities

Recommendation

An increase in the facilities for training in social work is required and in particular for specialist training over the whole area of child care (19.7).

172

Three-year qualification course

Recommendation

A three-year qualification course for social workers should be introduced as soon as possible (19.8).

173

Child care expertise not for all social workers

Recommendation

It should be recognised that the area of child abuse in general and child sexual abuse in particular is an area of expertise into which not all members of the profession should necessarily enter (19.9).

174

ADSW to consider post-qualifying training

Recommendation

The need to increase facilities for post-qualifying training should be considered by ADSW (19.10).

175

Resources for training needs

Recommendation

Local and central government should consider as a matter of priority the problems of resource and facilities involved in meeting that need (19.10).

176

Interviewing children in qualifying training

Recommendation

Basic qualifying training for social workers when extended should include substantial tuition on interviewing children (19.10-12).

177

Post-qualifying training in interviewing

Recommendation

Planning should be started for developing more extensive post qualifying training to cover the complex subject of interviewing children in cases of suspected sexual abuse (19.10-12).

178

Extend management skills training

Recommendation

Training in management skills should be extended (19.13).

179

Skilled staff in every department

Recommendation

No Social Work Department should be without a sufficient proportion of its staff adequately skilled and knowledgeable in the identification, investigation and management of problems of child protection (19.14).

180

Joint training with other agencies

Recommendation

Joint training should be undertaken between the social work profession and other agencies including in particular the police (19.15).

181

Joint training for interviewers by region

Recommendation

Each region should develop joint training for interviewers of children where they are expected to undertake joint investigations of allegations of sexual abuse (19.16).

182

Training for others involved in child protection

Recommendation

Consideration should be given to the provision of training to all those outside the social work profession and the police who in one context or another may have an involvement in child protection work (19.17).

183

Specialist courses in social work

Recommendation

Every encouragement and support should be given to the creation and development of specialist courses in social work in Scotland with the involvement of practitioners from all agencies (19.18-19).

184

SWSG to promote training

Recommendation
SWSG should be given every encouragement to initiate and promote further and fuller facilities for training including joint training between agencies, to recognise the resource implications and to secure a level of training which will produce standards of practice to …
185

Sufficient qualified staff

Recommendation

Local authorities should give serious consideration to securing that there is a sufficient number of staff with the appropriate qualifications to deal with the growing burden of work of suspected child abuse (19.21).

186

Police training in child care work

Recommendation

More extensive police training in work relating to matters of child care should be provided particularly in the work of interviewing children (19.22).

187

Support for police officers

Recommendation

It should be recognised that the experience of dealing with cases of suspected child sexual abuse involves as much stress for police officers as it does for social workers and requires a corresponding degree of support (19.23).

188

Public support for social workers

Recommendation

The press and the public should give social workers the support which they need to continue in the work which the public requires of them (19.24-25).

189

Social workers as advisers, not detectives

Recommendation

Social workers should not be seen to be spies or detectives but should be recognised as agents for the provision of advice, guidance and assistance (19.26).

190

Public understanding of child protection

Recommendation

Steps should be taken to improve the public understanding of and encourage debate about the work of child care and child protection in Scotland including the work of the Children’s Hearings and the Reporter (19.27).

191

Accessible social workers

Recommendation

Social workers should be readily accessible and available to the particular community which they serve and know and be known by it (19.28).

192

Avoid technical jargon

Recommendation

The use of technical jargon which may obscure communication with clients should be avoided and in particular the use of the term ‘disclosure work’ should be discouraged (19.29-31).

193

Assistance for the nine children

Recommendation
Every opportunity should be taken to secure such advice and assistance for the nine children whose removal was the subject of this Inquiry to ensure that they are untroubled for the future so far as any effects of the Inquiry …
194

Orkney Islands Council and the community

Recommendation

Orkney Islands Council should take active steps towards improving the relationship between themselves and in particular their Social Work Department and the local community (19.33).