National Transitions to Adulthood - strategy for young disabled people: supplementary report

Safeguarding

It is important that young disabled people, who may be at risk of harm, and are in transition to adulthood get the right support; at the right time; from the right people; for as long as they need it. NSPCC Learning defines safeguarding as the action taken to promote the welfare of children and young people and protect them from harm. In Scotland, safeguarding is viewed as a continuum from empowerment, prevention and early intervention to those circumstances that require child and/or adult protection processes. Priority 3 of the Strategy (Co-ordination of Support), is particularly relevant for ensuring a safe transition for young disabled people. Transitions should be underpinned by the creation of safe environments, as well as holistic processes that support prevention of harm while simultaneously creating the conditions for efficient, effective protective measures to be implemented, where required. The Strategy outlines the importance of using the embedded GIRFEC and developing GIRFE approaches to safeguard, support and promote the rights and wellbeing of young people, reducing the likelihood of harm and need of protection.

Recent research on Transitional Safeguarding, found that “the needs of young people rarely cease upon turning 18. Many harms facing young people can in fact escalate at this point, not least because professional involvement or service support reduces or stops altogether.” Young people’s needs, including in relation to risk and safety, need to be considered holistically, flexibly, and across services and partners; they do not exist neatly within the boundaries of services or statutory duties. Safeguarding during the transition to adulthood for young disabled people therefore requires all partner agencies to work together.

Research shows that disabled children are three times more likely to be abused than non-disabled children, however this is not clearly reflected in Scotland’s data. The National Guidance for Child Protection in Scotland highlights that the incidence of abuse is likely to be under-reported and can be invisible when children “are afraid, isolated or do not understand what is happening, and also when those around are not responsive to their distress”. Significant transitions in the lives of young disabled people, such as the transition to adulthood, are phases of heightened and predictable vulnerability that require assessment and must be planned for in good time.

On a multi-agency basis, holistic risk assessment, planning and, where necessary, intervention may be required. Collaboration, including information sharing that is in keeping with the Data Protection Act (2018), is required between and within services to ensure that there is no disconnect between child and adult systems and services, including child and adult protection systems. Young people should not be left without attention to risk, safety and well-being during critical points of transition. Joint work, from frontline services to strategic leaders, is key to ensuring that risks to young people are efficiently and effectively identified and managed.

Adult Support and Protection (ASP) and Child Protection (CP) processes do not necessarily mirror one another, and just because a young person has not been involved in child protection processes does not mean that risks to their safety and well-being do not exist. It should be noted that because there are different legal and guidance frameworks for protection of children and adults, CP does not automatically lead to ASP; and adults in ASP may not have experienced CP. Professionals should remain alert to potential risks to young disabled people at points of transition, and beyond, regardless of whether supports or intervention are already in place, with an awareness that a range of frameworks may be applicable to scaffold risk assessment and subsequent intervention.

What is already happening

The non-statutory National Child Protection Guidance sets out the responsibilities and expectations regarding child protection for all practitioners who support children and families. The Scottish Government’s approach to Child Protection is based on protecting children’s rights and is embedded within GIRFEC. The guidance outlines the approach to multi-agency assessment of children and families, and includes information and considerations for specific support needs, including those related to disabled children and protection during times of transition. A series of practice insights were published alongside the National Child Protection Guidance. Practice insight 11 focuses on child protection in transitions to adult life and services for disabled children.

Together, the Adult Support and Protection (Scotland) Act 2007, the Adults with Incapacity (Scotland) Act 2000, and the Mental Health (Care and Treatment) (Scotland) Act 2003 provide a suite of legislation to underpin protection of young people aged 16 years and over. Differing legal definitions of the age of a child, young person or adult can be confusing, however the priority is to ensure that a child, young person or adult who is, or who may be, at risk of harm, is offered appropriate support and protection. No child or young person should be denied a protective service because of uncertainty about the legal category into which they may fall^[1].

In relation to the Adult Support and Protection (Scotland) Act 2007, an adult (defined as people aged 16 or over) is only considered to be an “Adult at Risk of Harm” if they meet all the following criteria:

1. They are unable to safeguard their own wellbeing, property, rights or other interests;

2. Are at risk of harm; and

3. Because they are affected by disability, mental disorder, illness or physical or mental infirmity, they are more vulnerable to being harmed than adults who are not so affected.

Young people aged between sixteen to eighteen – including young disabled people – are potentially vulnerable to falling 'between the gaps' of children’s services and adult services, where there is a clear need for a seamless and continuous single assessment and planning framework. The individual child or young person's circumstances, age and stage of development will dictate what legal measures can be applied. The welfare and safety of all children, young people and vulnerable adults is paramount^[2].

The Adults with Incapacity (Scotland) Act 2000 (AWI) safeguards people who do not have capacity in relation to making decisions about their welfare and/or finances. This legislation defines 'adults' as those who have attained the age of 16. Professionals working with young people aged 16 and over should have sufficient legal knowledge – particularly in relation to decision-making capacity, fluctuating capacity, and consent – to recognise where AWI may be relevant.

The Mental Health (Care and Treatment) (Scotland) Act 2003 is also relevant to the safeguarding of children and young people, and application of the Mental Health Act is not age dependent. Using the Mental Health Act for children and young people ensures that those experiencing mental disorder receive timely, structured, and rights-based care, even when they cannot consent. The Mental Health Act provides legal safeguards, promotes early evidenced-based intervention, and requires that the child’s welfare be a primary consideration. It enables access to advocacy, appropriate treatment settings, and involvement of carers, while supporting a smooth transition to adult services.

What else we will do

The National Public Protection Leadership Group (NPPLG) was established in 2024 to provide national multi-agency leadership of public protection in Scotland. Through this group the Scottish Government is committed to working with local and national partners to improve the public protection system in Scotland.

Transitions and pathways are a priority area in the NPPLG workplan. This workstream will consider gaps in transitions between services with regards to age; nature of harm; eligibility criteria and make recommendations to improve the system and eliminate gaps created by the system. Whilst this work is in the very early stages it is likely that some of it will be applicable to young disabled people who are transitioning to adulthood.

As highlighted in the National Transitions Strategy, Scottish Government continue to engage with CELCIS in our membership on the National Child Protection Data Group, to consider the findings of their test of concept around disability indicators within child protection data. This will consider an enhanced set of disability questions/ indicators for children, and the potential for their wider application in other statistical collections. We will also continue to contribute to the work of the National Child Protection Disabled Children’s Network to support this vital area of practice.