Page 20 - Getting it Right for Vulnerable Children and Young People in North Ayrshire

Where the collective judgement of the multiagency team identifies that the behaviour of the child/young person poses a potential or actual risk of significant harm to themselves or others child protection procedures should be initiated. Any disclosure of sexual abuse, physical abuse, emotional abuse or neglect should be managed through North Ayrshires Child Protection Procedures. Where there is suggestion of criminal activity practitioners should liaise closely with police and determine how to progress in the best interests of the child. Section 36 of The Children (Scotland) Act 1995 established that an offence has been committed if a person:- (a) Knowingly assists or induces a child to abscond in circumstances which render the child liable to arrest as described above (b) Knowingly and persistently attempt to induce the child to abscond (c) Knowingly harbours or conceals a child who has so absconded or (d) Knowingly prevents a child from returning to a place/person as described above shall be guilty of an offence and liable to prosecution. There is additional legislation in place for children who runaway whilst subject to a place of safety order, compulsory supervision or a Parental Responsibilities Order. Children who abscond from a place of safety, a residential establishment or from someone who has care and control of them by virtue of compulsory supervision, may be arrested without warrant in any part of the UK and taken to the place of safety or relevant place. A court which is satisfied that there are reasonable grounds for believing that a child, subject to the above circumstances, is within any premises may, where there is power of arrest, grant a warrant authorising a police constable to enter those premises and search for the child using reasonable force if necessary. Any adult who harbours or conceals a child who has run away may be liable to prosecution, depending on the circumstances. In general sixteen and seventeen year old runaways are in a different legal position to younger runaways. Sixteen and seventeen year olds can legally live independently and can access housing in their own right. They have access to some financial benefits and do not have to take part in compulsory education. Those leaving care are also eligible for support to help them live independently if that is their wish. The multi-agency assessment team should also consider the range of legal instruments at their disposal via the Children’s Hearing System and Children’s Scotland Act that may provide further compulsion and protection for the child or young person. Getting It Right For Vulnerable Children and Young People in North Ayrshire Live V1.2 April 2014 Page No:20