Proposals for the creation of an Offence of Wilful Neglect or Ill-treatment with regard to services for Children under the age of 18 - Further Engagement

We consulted on the 'Proposals for the creation of an Offence of Wilful Neglect or Ill-treatment with regard to services for Childer under eh age of 18'.

The consultation responses received made it clear that the respondents were highly committed to the principles of offering children the best protection possible from abuse or neglect. However, it was also clear that the respondents had very serious concerns about the proposals outlined in the consultation paper.

Respondents highlighted various issues in relation to the rationale for introducing the proposed offence, the relationship between the proposed offence and existing legislation, the possible unintended consequence of introducing the proposed offence, and the scope of the proposed offence.

The Scottish Government values the input and expertise of its partners in this area, and is committed to working collaboratively with them to drive improvement in child protection in Scotland. To that end, we have considered their concerns and acknowledged their validity. For this reason, the Scottish Government no longer considers that including children’s services within the scope of Part 3 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill, is the best way to protect children from wilful neglect or ill-treatment, at this time. Instead, the Scottish Government intends to address neglect more widely, as part of an Improvement Programme announced by the Cabinet Secretary for Education and Lifelong Learning on 25 February 2016.