Written Question · S6W-38729 · Session 6
What assessment it has made of the impact of the Children (Equal Protection from Assault) (Scotland) Act 2019, including whether it is awar…
The question
To ask the Scottish Government what assessment it has made of the impact of the Children (Equal Protection from Assault) (Scotland) Act 2019, including whether it is aware of any data setting out (a) the views of children and families on the impact of the Act, (b) the views of professionals with responsibility for child protection on the impact of the Act, (c) whether the Act has led to an increase in referrals of families to social work or other family support services, and (d) whether the Act has led to an increase in parental prosecutions for assault.
The answer
The Scottish Government has not yet carried out an assessment of the impact of the Children (Equal Protection from Assault) Scotland Act 2019.The Implementation Group for the Act continues to meet on a yearly basis. Minutes of these meetings are at: Children (Equal Protection From Assault) (Scotland) Act 2019 implementation group
- gov.scot.We are not aware of any data on the views of children and families on the impact of the Act itself. However, the Policy Memorandum for the Bill which became the 2019 Act summarised information on the incidence of physical punishment and on children and young people’s views of physical punishment. Please see Children (Equal Protection from Assault) (Scotland) Bill Policy Memorandum (paragraphs 46 to 51).On the views of professionals, the Scottish Government is aware of a recent open letter by a range of health bodies calling for the removal of the “reasonable punishment” defence in England: Thirteen leading public health organisations call on Government to outlaw physical punishment | RCPCH.The Scottish Government does not have data on changes in relation to the number of referrals to social work or other family support services. The Child Protection Statistics for Scotland only started including data on inter-agency referral discussions (IRDs) from 2023-24: Children’s Social Work Statistics: Child Protection 2023-24
- gov.scot In any event, the reasons for IRDs taking place are varied.Data on the number of people convicted for common assault as a main charge is available at criminal-proceedings-scotland-2022-23-main-tables.xlsx (see table 4b). If there are multiple charges proven against an accused in a single proceeding, the main charge is the crime or offence receiving the most severe penalty. The data is not split to show whether the person being prosecuted is a parent: this information is not held in the Criminal Proceedings data. The figures for 2020-21, 2021-22 and 2022-23 are likely to reflect the impact of the pandemic and should not be considered indicative of longer-term trends.Information on crimes recorded by the Police is available at Recorded+Crime+-+2024-25+-+Bulletin+tables.xlsx (see table A1 for information on common assault). Again, this does not show information on whether a person recorded as committing a crime is a parent.
- gov.scot.We are not aware of any data on the views of children and families on the impact of the Act itself. However, the Policy Memorandum for the Bill which became the 2019 Act summarised information on the incidence of physical punishment and on children and young people’s views of physical punishment. Please see Children (Equal Protection from Assault) (Scotland) Bill Policy Memorandum (paragraphs 46 to 51).On the views of professionals, the Scottish Government is aware of a recent open letter by a range of health bodies calling for the removal of the “reasonable punishment” defence in England: Thirteen leading public health organisations call on Government to outlaw physical punishment | RCPCH.The Scottish Government does not have data on changes in relation to the number of referrals to social work or other family support services. The Child Protection Statistics for Scotland only started including data on inter-agency referral discussions (IRDs) from 2023-24: Children’s Social Work Statistics: Child Protection 2023-24
- gov.scot In any event, the reasons for IRDs taking place are varied.Data on the number of people convicted for common assault as a main charge is available at criminal-proceedings-scotland-2022-23-main-tables.xlsx (see table 4b). If there are multiple charges proven against an accused in a single proceeding, the main charge is the crime or offence receiving the most severe penalty. The data is not split to show whether the person being prosecuted is a parent: this information is not held in the Criminal Proceedings data. The figures for 2020-21, 2021-22 and 2022-23 are likely to reflect the impact of the pandemic and should not be considered indicative of longer-term trends.Information on crimes recorded by the Police is available at Recorded+Crime+-+2024-25+-+Bulletin+tables.xlsx (see table A1 for information on common assault). Again, this does not show information on whether a person recorded as committing a crime is a parent.
In the Official Report
No contribution in the Official Report cites S6W-38729 by reference.