Children (Equal Protection from Assault) (Scotland) Act 2019 Implementation Group minutes: March 2025

Attendees and apologies

• Jennifer Nesbitt Thomson, Crown Office and Procurator Fiscal Service (COPFS)
• Stephanie Stirling, Police Scotland
• Alison Penman, Social Work Scotland
• Gavin Fergie, NHS/staff side
• Lily Humphreys, Children 1st
• Amy Woodhouse, Parenting Across Scotland
• Simon Stockwell, Scottish Government (Chair)
• Beata Kaczmarek, Scottish Government
• Leona Solley, Scottish Government

Apologies:

• Alistair Hogg, Scottish Children’s Reporters Administration
• Megan Farr, Children and Young People’s Commissioner Scotland
• Sharon Glasgow, Social Work Scotland
• Holly Owens, Scottish Youth Parliament
• Umar Ansari, One Parent Families Scotland

Items and actions

Introductions

The Chair welcomed the attendees and those present introduced themselves. 

Updates from the bodies represented at the Group

The bodies represented around the table advised that there have been no significant changes since the last meeting. 

Social Work Scotland noted that they continue to have some issues in terms of consistency of approach across the country.

Outcomes from the focus groups

The Chair outlined key points that were made in the focus groups:

• It would be useful to have a colleague from Education on the Implementation Group.
• When the public messaging is refreshed (eg to remove references to the legislation being “new”), we should also mention key principles such as children’s rights; the negative impact of physical punishment; and positive parenting.
• It would be helpful to provide some messaging to Social Work colleagues too. This also could outline key principles and could “join up the dots” with other areas such as: the incorporation of the UN Convention on the Rights of the Child into Scots law; the Children (Care and Justice) Scotland Act 2024; the review of the Age of Criminal Responsibility; and the review of section 12 of the Children and Young Persons (Scotland) Act 1937.

During the subsequent discussion, the following points were made:

• Social Work Scotland said that it would be useful to provide some more messaging to Child Protection Committees as well as some additional information to social work colleagues. This messaging might cover two points. Firstly, it may cover the general principles behind equal protection legislation. Secondly, it may put the equal protection legislation in the context of other work being carried out to improve children’s rights.  

Action for Scottish Government: to set up the meeting with Social Work Scotland to discuss.

• It was agreed that it would be useful to have one person from education and another from the health sector as issues around physical punishment of children might be noted by people working in education and health.

Action for Scottish Government: to look for a representative from education and health to join the implementation group. 

• A point was raised whether there should be a focus group meeting with health visitors.

Action for Scottish Government: to contact Gavin Fergie, NHS/staff side to discuss whether it would be useful to organise a focus group with health visitors.

Further work on public awareness

The Chair advised that the Scottish Government will update the web-based public-facing information on the Act. The changes will mainly include removing references to the legislation being new and adding more information on children’s rights and the negative impact of physical punishment.

Parenting Across Scotland noted that messaging needs to be linked to bodies and agencies that support parents and children.

Any other business

It was agreed that the implementation group meetings remained useful and should continue to meet once a year.