Child Abuse (Hansard, 28 January 1993)

§ Mrs. Fyfe
To ask the Secretary of State for Scotland if he will produce an information leaflet on child abuse, setting out such matters as(a) the law on child abuse, (b) organisations that provide counselling and/or support, and (c) what a responsible adult should do if he/she suspects a child has suffered abuse.

§ Lord James Douglas-Hamilton
In guidance to local authorities and other agencies, my right hon. Friend has provided information on a wide range of aspects of child protection. He also provides direct financial suport for organisations such as Childline (Scotland) which provide information, advice and counselling about child abuse. In addition, local authorities produce public information on child care matters, including child protection.

§ Mr. Fyfe
To ask the Secretary of State for Scotland what guidance is provided by his office on the circumstances under which child abusers may or may not apply for access to the children they have abused.

§ Lord James Douglas-Hamilton
When a child is referred to a children's hearing and grounds which include abuse have either been accepted or found proved by the sheriff, the hearing has responsibility to determine in the light of the information before them whether the child needs compulsory measures of care to protect him or her from harm. If the hearing decides to make a supervision requirement, it has discretion to regulate access to the child according to its view of the child's best interest. It is open to the parents or the child to appeal to the sheriff against the terms of a supervision requirement.

§ Mrs. Fyfe
To ask the Secretary of State for Scotland if he will make it his policy to end plea bargaining in cases of child abuse.

§ Lord James Douglas-Hamilton
Decisions as to which pleas, if any, to accept in criminal cases, including cases of child abuse, are a matter for Crown counsel and procurators fiscal in the exercise of their independent discretion and having regard to all the circumstances. It would not he proper for the Secretary of State to attempt to interfere with the exercise of this discretion.

§ Mrs. Fyfe
To ask the Secretary of State for Scotland if he will provide guidance to social workers on avoidance of coercion when attempting reconciliation between victims of abuse and the offenders.

§ Lord James Douglas-Hamilton
Cases of child abuse are often complex and give rise to conflicting interests and emotions, but social workers have to give primary consideration to the best interests of the child and to take account of the child's wishes and views. My right hon. Friend has recently established a working party to produce practice guidance to assist social workers engaged in all aspects of child protection.

§ Mrs. Fyfe
To ask the Secretary of State for Scotland if he will review the application of interdicts preventing access of abusers to child victims in order to estimate how successful they have been in protecting their safety.
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§ Lord James Douglas-Hamilton
The Scottish Law Commission has considered the working of section 141 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 relating to matrimonial interdicts in their Report on Family Law (Scot Law Corn No. 135). Among other matters the commission recommends extension of the circumstances in which matrimonial interdicts and powers of arrest under the 1981 Act can provide protection for an applicant spouse or child of the family against domestic violence. The commission's recommendations are being considered.