Response 633323836

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Questions

1. Should a specific statutory duty be conferred on Health Boards to provide forensic medical services to victims of rape and sexual assault, for people who have reported to the police as well as for those who have not?

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Yes
No
Don't know
No answer
Please provide reasons for your response in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider.
Statutory duty should be conferred on health boards, however all paediatric examinations should be coordinated through Interagency Referral Discussion and follow Child Protection procedures.

2. Do you have any views on how a legislative framework for the taking and retention of samples, personal data and other evidence in the case of police referral should operate?

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Yes
No
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No answer
Please provide reasons for your response in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider.
We would rely on advice from the Police / Forensic Medical Examiners (FMEs) as their area of expertise.

3. Do you have any views on how a legislative framework for the taking and retention of samples, personal data and other evidence in the case of self-referral should operate?

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Yes
No
Don't know
No answer
Please provide reasons for your response in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider.
All paediatric referrals up to the age of 16 should follow Child Protection procedures.

4. More generally, do you have any views on potential impacts of the proposals in the Chapters of this paper on data protection and privacy (the handling of personal data including “special category” data about health)?

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Yes
No
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No answer
If yes, please outline possible impacts in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider.
This should be considered in the data protection impact assessment.

5. How might legislation help safeguard victims’ rights to respect for their dignity?

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See below
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6. More generally, do you have any views on potential impacts of the proposals in the Chapters of this paper on human rights (including economic, social and cultural rights such as the right to the highest attainable standard of physical and mental health)?

Please select one item
Yes
No
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No answer
If yes, please outline possible impacts in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider. For example, any particularly relevant general comments, recommendations or other guidance by treaty monitoring bodies on the interpretation and implementation of treaties – and any relevant international obligations not mentioned in this consultation paper.
In principle, I agree with the proposal of giving victims a choice with regards to examining doctor, however in practice I do not think that this will be possible, especially in the smaller health boards who may be reliant on a single paediatrician and on call Forensic Medical Examiners travelling from another heath board.

7. Should special provisions be included in legislation to reflect the distinct position and needs of children and young people? Do you have any views on how such special provisions should operate?

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Yes
No
Don't know
No answer

8. More generally, do you have any views on potential impacts of the proposals in the Chapters of this paper on children and young people including their human rights or wellbeing?

Please select one item
Yes
No
Don't know
No answer
If yes, please outline possible impacts in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider. For example, any particularly relevant general comments or other publications by the International Committee on the Rights of the Child.
Getting it right for every child (GIRFEC) / Child Protection procedures should be embedded into all aspects of the proposals.

9. Do you have any views on potential impacts of the proposals in this paper on equalities (the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation)?

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Yes
No
Don't know
No answer

10. Do you have any views on potential impacts of the proposals in this paper on socio-economic equality (the Fairer Scotland Duty)?

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Yes
No
Don't know
No answer

11. Do you have any views on potential impacts of the proposals in this paper on people in rural or island communities?

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Yes
No
Don't know
No answer

12. Do you have any views on the financial implications of the proposals in this consultation paper for NHS Scotland and other bodies?

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Yes
No
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No answer

13. Finally, do you have any other comments that have not been captured in the responses to the other questions you have provided?

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Yes
No
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No answer
If yes, please provide comments in the box below. Please be as specific as you can and include any resources or references to evidence on this topic that we should consider.
NHS Borders has responded to the consultation with regards to Children and Young People Forensic Medical Services only as such services are provided locally. NHS Lothian provide FME services for NHS Borders (for adults) and have provided a separate response. Scottish Borders Rape Crisis Centre have provided a separate response, who are represented on the NHS Borders working group for services for victims of rape and sexual assault.

About you

Are you responding as an individual or an organisation?

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Organisation

What is your organisation?

NHS Borders