What assessment it has made of the implementation of the provisions in the Domestic Abuse (Scotland) Act 2018 that recognise children who s…

Section 5 of the Domestic Abuse (Scotland) Act 2018 contains a statutory child aggravation. This provides that where an offender commits the offence of abuse of a partner or ex-partner at section 1 of that Act, and in doing so, certain conditions relating to children are met, then the offence is aggravated by involving a child.Where the aggravation is proven, the court must take that aggravation into account when determining sentence. It must also explain how the aggravation has affected the sentence (if at all) and record the conviction in a manner which shows that the offence was aggravated by reason of involving a child.Section 14 of the Domestic Abuse (Scotland) Act 2018 required the Scottish Government to report on certain matters concerning the operation of the Act, including statistical information about the use of the aggravation concerning children and information about the experiences of witnesses, including witnesses who are children, at court. Reports published by the Scottish Government to meet this requirement can be found at:https://www.gov.scot/publications/domestic-abuse-scotland-act-2018-interim-reporting-requirement/ and https://www.gov.scot/publications/domestic-abuse-scotland-act-final-reporting-requirement/.With regard to support for children who are victims of domestic abuse, the Scottish Government provides funding to a range of specialist services that support children affected by domestic abuse through the Delivering Equally Safe Fund, recognising their experiences of abuse and distinct support needs. Funded services include programmes such as CEDAR (Children Experiencing Domestic Abuse Recovery), children's advocacy services, and counselling and support delivered by organisations including Action for Children, Children First and Women's Aid services across Scotland.The Scottish Government’s multi-year investment in the Delivering Equally Safe Fund stands at almost £46m over the period 2026-2028. This includes funding which supports child survivors of domestic abuse through Women’s Aid groups, as well as funding to support the Safe & Together approach which trains practitioners to take a child centred response to domestic abuse.Since 2022, we have awarded over £75m to victims' organisations as part of our commitments to putting victims at the heart of the justice system through the Victim Centred Approach Fund (VCAF) which funds provision of practical and emotional support to victims, survivors and witnesses or crime across Scotland. Much of this funding supports women who have experienced domestic abuse and their children; and some of the services funded through VCAF work specifically with young people, e.g. the Kibble centre's SAFE Service: a free, national community-based service specifically designed for children and young people aged 5 to 25 who have been victims of, or witnesses to, crime, offering both face-to-face and online support tailored to the family's needs.Children in Scotland who are victims of, or who witness, domestic abuse and who are at ongoing risk of harm can access dedicated support through Bairns' Hoose. This brings child protection, health, justice and recovery services together in a single child-friendly setting to ensure children receive coordinated, rights-based and child-centred support thereby reducing the need for them to repeatedly recount traumatic experiences, promoting safety, participation and recovery. Supported by over £30m in funding from the Scottish Government, there are currently 10 Bairns' Hoose sites operating across Scotland.