Legal Framework Scotland

Some pieces of legislation that relate to safeguarding apply across all of the UK, but much is devolved to regional governments.

Scotland, Northern Ireland, Wales and England, each have their own unique safeguarding set-up and different governing bodies.  There are also international and country specific legislation that organisations working globally will need to consider.

The legislation means your organisation needs to have things in place to prevent harm, such as a safeguarding policy and a safer recruitment processes for workers. If not, you may be breaking the law. 

In addition to the legal requirements, there are several pieces of guidance issued by government that organisations working with vulnerable groups will need to work to.

Legislation

• Children and Young People (Scotland) Act 2014
• Children (Scotland) Act 1995
• Adult Support and Protection Act 2007
• Disclosure (Scotland) Act 2020
• United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

Guidance

• National Guidance for Child Protection in Scotland 2023 - issued by the government for statutory agencies and voluntary organisations (including charities, places of worship, and faith-based organisations) on safeguarding children in Scotland.
• National Framework - Child protection learning and development 2024
• Getting it right for every child (GIRFEC)
• National action plan to prevent and tackle child sexual exploitation
• The Promise Scotland | Transforming how Scotland cares for children, families, and care-experienced adults