Skip to main content

Protecting Children: Review of section 12 of the Children and Young Persons (Scotland) Act 1937 and section 42 of the Sexual Offences (Scotland) Act 2009

The Scottish Government are seeking views on potential changes to two criminal offences related to child protection, namely: the offence of child neglect currently legislated for in section 12 of the Children and Young Persons (Scotland) Act 1937; and the offence of sexual abuse of trust currently set out in section 42 of the Sexual Offences (Scotland) Act 2009.

This consultation is concerned with exploring the key issues both around the operation of the current offence and what should be considered in reviewing section 12. It also seeks views on shaping a revised offence into a piece of effective, clear, coherent and accessible legislation to protect children from harm and neglect, fit for 21st century Scotland. The Scottish Government also want to know whether to extend the current offence of sexual abuse of trust to cover, not just those who look after children in a range of institutional settings or live with/have parental responsibilities and rights for a child, but also other people undertaking regulated work with children outside an institutional setting, such as sports coaches. 

We are looking for the views of our members on the changes to this legislation, to help feed into our response. 

Contact Scotland before 5pm on 10 November 2018 and let us know your thoughts.