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Find a Lawyer in AberdeenAbout Child Abuse Law in Aberdeen, United Kingdom
In Aberdeen, child protection law follows the law of Scotland. Child abuse is any action or failure to act that causes a child harm or puts a child at risk of significant harm. It includes physical abuse, sexual abuse, emotional abuse, neglect, and exploitation, including online abuse. Local agencies in Aberdeen - Police Scotland, NHS Grampian, and Aberdeen City Council social work - work together under national Scottish guidance to keep children safe. Most protection decisions relating to children in Scotland go through the Children’s Hearings System rather than a traditional courtroom, although criminal cases are prosecuted in the Sheriff Court or High Court.
Why You May Need a Lawyer
You may need legal help in a range of situations, including if you are a non-abusive parent seeking urgent protection for a child, if social work has begun child protection inquiries, if the Children’s Reporter has referred your family to a Children’s Hearing, or if the police suspect a crime. A solicitor can explain your rights, help you engage safely with social work, represent you at Children’s Hearings, and apply to the sheriff court for protective orders.
Legal help is also important if you or a family member are accused of abuse. A specialist solicitor can protect your fair trial rights, deal with police interviews, challenge bail conditions, and prepare your defence. Survivors of historic abuse may need a civil solicitor to pursue compensation or to seek non-harassment or interdict orders. Charities, schools, and clubs may need advice about safeguarding duties, the PVG Scheme, and responding to allegations.
Local Laws Overview
Key definitions and offences - Scottish criminal law covers physical and sexual offences against children, emotional abuse, neglect, and exploitation. The Sexual Offences Scotland Act 2009 creates offences relating to sexual activity with or directed at children, grooming, causing a child to view sexual activity, and related conduct. Possession or distribution of indecent images of children is an offence under the Civic Government Scotland Act 1982. Domestic abuse affecting a child is recognised and can aggravate offences under the Domestic Abuse Scotland Act 2018.
Thresholds and child protection process - Agencies take action where there is significant harm or a risk of significant harm. Aberdeen follows the National Guidance for Child Protection in Scotland and the GIRFEC approach, which uses wellbeing indicators known as SHANARRI - safe, healthy, achieving, nurtured, active, respected, responsible, included. Concerns can trigger an inter-agency referral discussion between police, social work, and health to plan inquiries and immediate safety measures.
Emergency and court protection - The sheriff court can grant a Child Protection Order to remove or keep a child in a place of safety or to regulate contact. The police have limited emergency powers to remove a child to a place of safety for a short period while inquiries are made. The court can make an exclusion order to remove an alleged abuser from the home. Longer-term decisions, including permanence orders and adoption, are available where return home is not safe.
Children’s Hearings System - Most care and protection decisions are made by a panel of trained volunteers at a Children’s Hearing under the Children’s Hearings Scotland Act 2011. Cases reach the system on section 67 grounds, which include lack of parental care, exposure to domestic abuse, or commission of an offence by a child. Hearings can make a Compulsory Supervision Order setting out where a child lives and what supports apply. If a ground of referral is disputed, it can be decided by the sheriff.
Witness protection and evidence - Children and other vulnerable witnesses are entitled to special measures such as screens, support persons, and pre-recorded evidence. There is a growing presumption that evidence of children under 18 in serious cases should be captured in advance to reduce trauma.
Civil claims and time limits - The Limitation Childhood Abuse Scotland Act 2017 removed the usual time bar for civil claims for damages for childhood abuse that took place after 1964, subject to fairness checks by the court. Survivors who were in care in Scotland before 2004 can apply to Redress Scotland under the Redress for Survivors Historical Child Abuse in Care Scotland Act 2021.
Workforce safeguarding - Many roles that involve contact with children require membership of the PVG Scheme under the Protection of Vulnerable Groups Scotland Act 2007. Organisations in Aberdeen must follow safer recruitment and reporting duties if a staff member is considered to be a risk.
Age and consent - The age of consent in Scotland is 16. The age of criminal responsibility is 12 at the time of writing. Separate laws protect younger children, including strict offences for sexual conduct involving a child under 13.
Frequently Asked Questions
What counts as child abuse under Scottish law
Abuse includes physical injury, sexual offences, severe emotional harm, neglect of basic needs, and exploitation such as trafficking or online coercion. It also includes making a child witness domestic abuse. The key legal test for intervention is significant harm or risk of significant harm.
Who should I contact if I am worried about a child in Aberdeen
If a child is in immediate danger call 999. For non-emergency concerns call Police Scotland on 101 or contact Aberdeen City Council social work. You can also speak to the child’s school, health visitor, or GP, who can make a referral. If you are unsure, call a national helpline such as the NSPCC for advice.
Will my identity be kept confidential if I report concerns
Agencies try to protect the identity of referrers where possible, especially for members of the public. However, information may need to be shared to keep a child safe or to comply with court processes. Speak to the agency you contact about your concerns and what can be kept confidential.
What happens after I make a report
Social work, police, and health may hold an inter-agency referral discussion to assess risk and decide what to do. This can include speaking with the child, parents, and other professionals, medical assessment, and immediate safety planning. Serious cases may go to the Children’s Reporter or to the sheriff court for urgent protective orders.
What is a Child Protection Order
A Child Protection Order is an order from the sheriff court that can remove a child to a place of safety, keep a child where they are, or regulate contact while inquiries continue. It is used where immediate action is needed to protect a child. Parents and older children have the right to be heard and to challenge the order.
How does the Children’s Hearings System work
The Children’s Reporter considers referrals and decides whether a hearing is needed. At the hearing, panel members listen to the family and professionals and decide what measures are necessary for the child’s welfare, such as a Compulsory Supervision Order. If legal facts are disputed, they can be decided by the sheriff before the hearing continues.
Can a child give evidence without going to court
Yes. Children are entitled to special measures, and in many serious cases their evidence is pre-recorded to reduce trauma. Courts aim to avoid face-to-face questioning in a courtroom where possible.
Can survivors of historic abuse claim compensation
Yes. Scotland removed the normal time limit for civil claims for childhood abuse that happened after 1964, subject to fairness to the defender. Survivors who were in care before 2004 can seek a payment through Redress Scotland. A solicitor can assess which route is best and gather evidence.
What if the alleged abuser is a parent or someone in the household
There are options to protect the child while maintaining stable care, such as exclusion orders removing the alleged abuser from the home, regulated contact, or placing the child with relatives. The right order depends on risk and welfare. Get urgent legal advice to choose the safest option.
Will social work take my child away if I ask for help
Seeking help does not automatically mean removal. Agencies aim to support families to keep children safe at home where it is safe to do so. Removal is a last resort and requires legal authority. Being open with professionals and taking advice early can help avoid crisis action.
Additional Resources
Police Scotland - call 999 in an emergency or 101 for non-emergencies.
Aberdeen City Child Protection Committee - provides local guidance and training for practitioners and the public.
Aberdeen City Council Social Work - Children’s Services and Out of Hours Emergency Duty Team for urgent child protection concerns.
Scottish Children’s Reporter Administration SCRA - information about referrals and the Children’s Hearings System.
Children’s Hearings Scotland - information and support for families attending hearings.
NSPCC Helpline - 0808 800 5000 - advice for adults worried about a child.
Childline - 0800 1111 - free and confidential support for children and young people.
Scotland’s Domestic Abuse and Forced Marriage Helpline - 0800 027 1234 - 24 hour support for adults and children affected by domestic abuse.
Rape Crisis Scotland Helpline - 08088 01 03 02 - support for anyone affected by sexual violence, including children and non-abusive parents.
Disclosure Scotland - PVG Scheme for people working or volunteering with children.
Redress Scotland - information on payments for survivors of historical abuse in care.
Crown Office and Procurator Fiscal Service COPFS - prosecutes crime in Scotland and supports vulnerable witnesses.
Next Steps
Prioritise safety - If a child is at immediate risk call 999. Do not confront a suspected abuser if that could increase risk. Make brief factual notes of what you saw or were told, including dates, times, and any messages or images. Keep them secure.
Report early - Share concerns with Police Scotland or Aberdeen social work. If you are unsure, call a national helpline for advice. Professionals such as teachers and health staff should follow their workplace safeguarding policy and escalate promptly.
Get legal advice - Contact a solicitor who specialises in child protection and the Children’s Hearings System in Aberdeen. Ask about urgency, potential court orders, contact arrangements, and what to expect at interviews or hearings. Many cases are eligible for legal aid through the Scottish Legal Aid Board.
Prepare for your first meeting - Bring any letters from social work or the Reporter, court papers, a timeline of events, contact details for schools and doctors, and any relevant messages or recordings. Be ready to discuss safe care options, including relatives who could help.
Engage with agencies - Attend meetings on time, be honest about concerns, and follow safety plans. Your solicitor can attend key meetings and speak for you at Children’s Hearings or in court. If you disagree with a decision, ask your solicitor about reviews and appeals and the deadlines.
Look after wellbeing - Arrange support for the child and for non-abusive caregivers. Schools, GPs, and local charities can provide counselling and practical help. Legal processes can be stressful, but early advice and steady engagement usually lead to better outcomes for children.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.